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Abstract
In the modern information age, the emergence of conflicts and tensions between individuals acting in the public interest and the corporate sector is a natural phenomenon. Such conflicts are particularly evident in areas such as environmental protection, anti-corruption efforts, and ensuring transparency in governance. In these contexts, individuals acting in the public interest often face significant pressure and resistance. In such situations, the corporate sector may attempt to restrict their activities through strategic lawsuits. As a result, citizens’ freedom of expression and their ability to exercise effective public oversight are undermined, which in turn weakens the rule of law and democratic principles, negatively affecting the functioning of democratic systems.
For this reason, a number of foreign jurisdictions have introduced protective measures against strategic lawsuits (Anti-SLAPP). The primary purpose of these measures is to assist courts in distinguishing between claims genuinely aimed at exercising and protecting legal rights and those that are unfounded or insufficiently substantiated. This article examines how courts should address strategic lawsuits initiated by the corporate sector, particularly in situations where legal remedies are not clearly defined. The analysis is based on theoretical approaches, international standards, and comparative foreign experience. Additionally, the article proposes recommendations for improving national legislation concerning protection against strategic lawsuits.
References
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