12th novembre 2026

Response to Call for Inputs – Strategic Priorities and Vision Setting of the United Nations Special Rapporteur on Freedom of Expression

Equality Now submitted an input to UN Special Rapporteur on freedom of opinion and expression, Leopoldo Maldonado Gutiérrez, regarding his 2026–2029 strategic priorities and vision setting. Against a growing anti-rights backlash, perpetrators and States are increasingly deploying retaliatory defamation suits, non-disclosure agreements, and criminal penalties to silence survivors speaking out. Equality Now highlighted how these abusive lawsuits constitute gendered censorship and Strategic Lawsuits Against Public Participation (SLAPPs) that suppress public debate. Equality Now advocates for strong anti-SLAPP measures and gender-responsive legal protections. Read more on how weaponising defamation lawsuits violates human rights and explore our work tackling sexual violence.

What’s included in the submission?

  • Gendered censorship and retaliatory SLAPPs: An analysis of how civil and criminal defamation proceedings are weaponised against survivors of sexual and gender-based violence (SGBV) post-#MeToo to drain their resources, force retractions, and silence public discourse.
  • Emerging legislative threats to public disclosures: Evidence from Latin America and other regions where proposed bills penalise allegedly « false » allegations of sexual violence made in traditional media or online, creating a severe chilling effect on reporting.
  • Gaps in existing anti-SLAPP legal frameworks: Examination of how national anti-SLAPP laws, such as those in the United States, frequently fail survivors by lacking gender-sensitive guidelines or incorrectly treating disclosures of sexual violence as private disputes rather than matters of public concern.
  • Misuse of non-disclosure agreements (NDAs): How NDAs are routinely weaponised by employers, academic institutions, and perpetrators to conceal abuse and gag survivors.

Who’s this submission for?

  • United Nations Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
  • Law and policymakers
  • Legal professionals
  • Government institutions
  • Civil society organisations
  • Gender equality advocates

Download your file

Missing gravity form id.

Key takeaways and recommendations

  • Develop practical, gender-responsive guidance for States on abusive litigation: Urge the Special Rapporteur to establish international human rights guidance to shield SGBV survivors from SLAPPs. This includes procedural safeguards like early dismissal mechanisms, protection against disproportionate legal costs/damages, formal recognition of SGBV disclosures as matters of public interest, and gender-sensitive evidentiary standards.
  • Proactively engage with States to stop criminalising public disclosures: Intervene through communications and public statements against regressive legislative initiatives that seek to penalise or heighten sanctions on survivors for speaking out about abuse.
  • Examine and address broader silencing mechanisms beyond defamation: Expand the mandate’s focus to address the misuse of NDAs by perpetrators and institutions, drawing on emerging legislative good practices (such as reforms in the UK and Australia) that restrict NDAs from covering up sexual harassment and abuse.

Explore more resources

1

Amicus brief against using defamation to silence survivors of gender-based violence and discrimination in Georgia

On 23 June 2021, Equality Now submitted this amicus brief at the Supreme Court of Georgia in regards to the case in which, as a result of the defamation complaint by an influential public figure, the Tbilisi City Court and the Court of Appeal infringed the right of the survivor to speak out about her experiences of sexual harassment.

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