A year before Adani case ex-parte gag, Supreme Court had warned of ‘SLAPP’ against journalists, Pg15

Key Highlights:

• The Supreme Court cautioned against recognizing SLAPP suits in a May 2024 judgment.
• The court highlighted the potential of using prolonged litigation to prevent free speech and public participation.
• On September 18, 2025, a District Judge stayed a civil court's ex-parte injunction order against journalists, citing a lack of reasonable opportunity to be heard.
• The Supreme Court emphasized that protecting journalistic expression is a constitutional mandate.

Detailed Insights:

• SLAPP suits, or Strategic Litigation against Public Participation, are often initiated by entities with significant economic power to suppress media or civil society .
• The Supreme Court has stated that pre-trial, ex-parte injunctions can be detrimental to published material before allegations are proven .
• Chief Justice Chandrachud invoked the Bonnard standard, stating that interim injunctions in defamation suits should only be given in exceptional situations .
• The court outlined a three-fold test for trial judges before granting injunctions: establishing a prima facie case of defamation, balance of convenience, and potential irreparable harm from publication .
• The Supreme Court warned against mechanically applying the three-fold test, especially in cases involving journalistic pieces .

Key Concepts Involved:

• SLAPP Suit: Litigation used to intimidate and silence critics by burdening them with legal defense costs until they abandon their criticism or opposition.
• Ex-parte Injunction: A court order issued without all parties being present, often without the defendant being notified.
• Bonnard Standard: A legal principle that interim injunctions in defamation cases should only be granted in exceptional circumstances where the content is likely to be proven false.