In early 2017, Congress is expected to vote on the Speak Free Act, an anti-SLAPP bill which, if passed, would encourage consumers to share honest feedback and reviews on products and services without fear of retaliation.

Partner Michael Niborski, a member of Pryor Cashman’s Media + Entertainment Group who regularly handles defamation, privacy and publicity suits stemming from social media postings and online content, spoke with The Washington Post for a recent article exploring the proposed legislation and how it would protect consumers from frivolous legal claims.

What is a SLAPP Suit?

Strategic Lawsuits Against Public Participation (“SLAPP suits”) are intended to censor or intimidate critics by burdening them with costly civil litigation aimed at forcing them to abandon criticism. Such lawsuits, according to the Washington Post, are surprisingly common and affect travelers disproportionately; mostly due to the fact that their opinions can have a staggering impact on the success or demise of a hotel or restaurant. 

How the Speak Free Act – an Anti-SLAPP Bill – Will Protect Consumers

The Speak Free Act, a bipartisan Act of Congress backed by numerous companies, including TripAdvisor, would allow any person faced with a SLAPP suit to bring a special motion to dismiss the suit at the onset of the action. Once the motion is filed, the entity bringing the suit would be required to prove that the case has some merit and that the speech is not protected under the Constitution.

Proponents of the bill assert that federal legislation is much-needed, as there is currently a “patchwork” of state laws offering uneven protection against SLAPP actions.

Can Companies Target Anonymous Reviews Using SLAPP Suits?

Experts caution that consumers should be mindful when posting reviews until the Speak Free Act is officially passed. This includes those sharing anonymous reviews.

Niborski explained, “Consumers may be surprised to know that even if they post comments on a public site anonymously or under a pseudonym, there is still a legal mechanism for a company or individual to learn their real identity and bring suit against them.”

To read the full Washington Post article, please click here.

More About Niborski’s Practice

Widely respected in the entertainment community, Niborski represents businesses, high-profile entertainers, producers and writers involved in all aspects of entertainment and media, including film, television, music and publishing.

His extensive work on defamation cases includes defending Courtney Love in the first wave of libel suits concerning Twitter and MySpace postings, as well as representing Aretha Franklin, Martha Stewart, Steve Wynn, and numerous media and entertainment companies such as Anschutz Entertainment Group in defamation actions.

Additionally, Niborski has earned a nationwide reputation for litigating issues relating to surreptitious video and audio recordings, and preemptively counsels clients on the legal ramifications and parameters of all aspects of newsgathering, reality entertainment programming and commercial advertising. 

To learn more about his work in these areas, please visit here.