The case for a media and communications public participation court

Abstract

ABSTRACT This comment looks at the current controversies surrounding the strategic use of libel law to silence and intimidate investigative journalists. Much of the problem flows the cost of litigation in defamation. The comment proposes a model for reform based on the streamlined procedure used in the Intellectual Property Enterprise Court, in which recoverable costs are subject to a cap. The comment argues that such a model for reform is more likely to be effective in addressing the current concerns than the Government's anti-SLAPP proposals.