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Greenpeace International: Developing resilience to SLAPP suits through joint action

Type | ICSO mechanism
Region | Americas , Global
Author(s) | Sarah Pugh and Deborah Doane

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Greenpeace took a proactive response in relation to the threat and damage of Strategic Lawsuits against Public Participation (SLAPPs) in the US and beyond.

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Risk-taking is part of Greenpeace’s identity and therefore central to their usual risk-management processes. However, over the last decade, a series of emergencies in different national contexts has highlighted that work was needed to ensure all local offices were aligned in their approach to ‘smart risk-taking’. This case study focuses on a uniquely proactive response from the Greenpeace offices, in relation to the threat and damage of Strategic Lawsuits against Public Participation (SLAPPs) in the USA and beyond.

Communicating civil litigation
How to communicate civil litigation in an interesting and engaging way? Not many people know about SLAPP suits, and so basic awareness raising has been difficult for this technical, legal issue.

Incentivising commitment
When Greenpeace International and GPUSA were conducting the initial outreach work with US CSOs, there was interest from others and a desire to know more, but it was hard to incentivise commitment without a more formalised structure in place. Transitioning from an informal support network to a formal structure is difficult and takes time.

Differences between coalition members
Members of a coalition have many differences. There are different risk appetites, different priorities and agendas, and different appetites for ‘political’ work or stances, all of which makes joint planning and action challenging.

Coordination is key
Although the initial conference in 2018 was helpful in terms of brainstorming and building connections, the work was slow to progress until a coordinator was brought on. The project itself was ambitious, due to its multiple functions (legal, communications, campaigns). The governance structure worked well, but the key element was a coordinator who could spot links and ensure things were done.

Enabling easier participation
It’s important early on in the life of a coalition to establish mechanisms and structures that facilitate contributions from members, for example templates for sign-ons (advocacy campaigns). Member representatives are often busy with day-to-day work, so building structures that make their participation quick and straightforward makes for easier collaboration.

Greenpeace International helped incubate Protect the Protest for 12 months, and then withdrew, leaving their Greenpeace USA office as an active member. A separate anti-SLAPP coalition has been established in France – ‘On ne se taira pas’ (We will not be silenced) – to which the Greenpeace France legal counsel has contributed. Through these collective actions and their strategies, Greenpeace as a whole is much better prepared to deal with future SLAPP suits. They are now looking to take their experience and expertise and develop similar networks in other regions, thereby continuing to strengthen their own resilience to this tactic, and that of wider civil society.

Type | ICSO mechanism     Region | Americas , Global     Author(s) | Sarah Pugh and Deborah Doane

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