Private legal practitioner Amanda Clinton has called for the introduction of Strategic Lawsuits Against Public Participation (SLAPP) legislation in Ghana to safeguard free speech, protect public interest advocacy and prevent what she described as the increasing “weaponisation” of the court system by politically exposed persons.

The Head of Chambers at Clinton Consultancy expressed concern about what she said was a growing trend of frivolous and financially burdensome lawsuits being used to intimidate journalists, lawyers, civil society organisations (CSOs) and activists.

According to her, such lawsuits are often not filed to seek justice but rather to silence critics, drain resources and discourage public participation in matters of national interest.

“Weaponisation of the court system to curtail free speech is at an unprecedented level,” she stated on TV3 on Tuesday, May 27, 2026.

Ms Clinton explained that the increasing use of what are globally referred to as SLAPP suits poses a serious threat to democratic accountability and press freedom, particularly in emerging democracies where citizens and institutions are expected to hold public office holders accountable.

She noted that in recent times, debt recovery lawyers and legal practitioners involved in commercial disputes were increasingly finding themselves dragged into litigation in circumstances where they had no direct contractual relationship with the parties involved.

“In 2026, debt recovery lawyers are increasingly being forced to instruct their own lawyers and file motions to dismiss frivolous claims. As a result, their names and their firms’ names become attached to litigation that is often not dealt with at first instance, but only after several motions,” she said.

“This means they are unnecessarily tied to claims with which they have no substantive connection. They were not the original contracting parties; no monies were ever paid to them personally or professionally by the debtor; yet their names are dragged into litigation in an apparent attempt to allegedly smear their reputations in open court and ultimately in an attempt to silence them,” she added.

Ms Clinton urged civil society organisations, legal advocacy groups and lawmakers to push for the enactment of Anti-SLAPP legislation in Ghana, arguing that such legal safeguards were necessary to strengthen democratic governance and preserve constitutionally guaranteed freedoms.

She explained that Anti-SLAPP laws, which exist in several jurisdictions including parts of the United States, Canada and Europe, are specifically designed to protect journalists, activists and ordinary citizens from baseless lawsuits intended to intimidate or silence them.

She outlined some of the major protections offered under Anti-SLAPP statutes, including early dismissal mechanisms that allow courts to strike out weak or vexatious claims before defendants incur years of legal expenses.

The proposed framework, she said, would also shift the burden of proof onto plaintiffs to demonstrate at the early stages of litigation that they have a realistic prospect of winning their case.

Additionally, she said the laws would allow defendants to recover legal costs and attorney fees where courts determine that lawsuits were filed primarily to suppress free expression rather than pursue legitimate legal remedies.

Legal analysts say the debate around SLAPP legislation is gaining momentum globally as concerns grow over the misuse of defamation suits, commercial litigation and other legal actions to intimidate investigative journalists, whistleblowers and advocacy groups.

Media freedom advocates in Ghana have also repeatedly raised concerns over the increasing cost of defending civil suits, particularly against journalists and media houses involved in corruption investigations and public accountability reporting.

Although Ghana’s Constitution guarantees freedom of speech and media freedom under Articles 21 and 162, advocates argue that expensive and prolonged litigation can still create a “chilling effect” that discourages investigative reporting and civic activism.

Ms Clinton maintained that introducing Anti-SLAPP legislation would help preserve legitimate public discourse and ensure that democratic participation is not weakened by fear of intimidation through the courts.

“SLAPP legislation would help protect free speech and strengthen a democratic society,” she stressed.