Shooting to kill. Democracy and free speech in the sights of Gunns

3 Feb 2005

Mid last December, Tasmanian logging giant, Gunns Ltd, served a $6.3 million writ to 20 environmentalists, including Greens Tasmanian Senator Bob Brown, five employees of The Wilderness Society, The Wilderness Society Inc., Doctors for Forests Inc. and the Huon Valley Environment Centre Inc (a full list appears at the end of this article).

Apart from criminal acts, for which individuals may be sued, Gunns is attempting to sue a range of people for “publicising grievances”, which by definition is protesting and it not an illegal activity. They claim to have lost millions of dollars in lost productivity and bad publicity. Commentators not automatic allies of the Greens and TWS have been quick to point out that this represents a threat to democracy and will entrench a culture of fear and intimidation if this case sets a precedent for other companies.
This form of litigation used by corporations is referred to as a SLAPP - strategic litigation against public protest. These suits are rarely intended to actually win, 77% of SLAPP suits in the US lose, but to preoccupy protestors and movements, transforming public debates into lawsuits.

The term was coined by American sociologists Penelope Canan and George Pring. Their studies into the use of SLAPP suits in the US showed that they emerged in the 1980’s. As a result of the impact that this phenomenon had on free speech and the clogging up of the courts more than 20 states in the US have passed anti-SLAPP legislation.

SLAPP suits have been in use in Australia since the 1990s, but this is to date the largest and most significant case. A NSW Tribunal in the 1990’s into SLAPP suits found them to be widespread but no such laws have been passed in Australia.

By using SLAPPs the companies not only often lose financially and legally, but they lose the PR war. Many people have commented that in serving this writ Gunns are handing the issue to the protestors and groups. The heavy-handed tactic sets up a David vs Goliath scenario and puts the issue of logging Tasmanian forests back on the agenda.

Simon Cocker, the recently appointed secretary of Unions Tasmania slammed the actions of Gunns. He described the lawsuit as an affront to free speech, saying, "they are a big, rich, aggressive, powerful company which are using their wealth to crush dissent”. He also called on the Tasmanian Government to speak out on the matter, in support or opposition, rather than hiding in silent acquiescence.

Ways to support the campaign:

The Australian Conservation Foundation is running a campaign targeting the investors in Gunns telling them why it is bad for democracy, bad for Gunns and bad for the environment. Visit www.acfonline.org.au and go to the take action section for a full list of the funds and investors. Yours might be there!

Echoing the high profile McLibel SLAPP suit filed by MacDonalds against two penniless activists in the UK in the mid 1990s, www.mcgunns.com is a campaign site that is not affiliated with any party or organisation. It has all of the media coverage of the issue, information about the company and ways to get active and campaign updates. There is currently no date set for any hearings.

Money can be given to any or all of the defendants through donating to:

The Gunns 20 Fund via Senator Bob Brown
Cheques/money orders can be made out to Bob Brown (Gunns 20). Please include all contact details in order to be receipted and post to: GPO Box 1562 Hobart Tasmania 7000. See www.bobbrown.org.au for more information and a copy of the writ.

The Gunns 20 Fund via The Wilderness Society
Send cheques / money orders made out to The Wilderness Society (Gunns 20) to GPO Box 716, Hobart, Tasmania, 7001, or at your closest Wilderness Society Shop or Campaign centre. For more info call 1800 030 641, or visit www.wilderness.org.au

The Gunns 20 Defendants

1. Alec Marr (National Campaign Director, The Wilderness Society), claim $280,000
2. Geoff Law (Tasmanian Campaign Coordinator, The Wilderness Society), claim $180,000
3. Russell Hanson (CEO, The Wilderness Society), claim $110,000
4. Leanne Minshull (formerly of The Wilderness Society), claim $310,000
5. Heidi Douglas (Audio-visual producer, The Wilderness Society), claim $95,000
6. The Wilderness Society Inc., claim $2,525,000
7. Adam Burling, claim $130,000
8. Louise Morris, claim $175,000
9. Simon Brown, claim $80,000
10. Bob Brown (Greens Senator), claim $305,000
11. Peg Putt (Leader of Tasmanian Greens), claim $95,000
12. Helen Gee, claim $5,000
13. Ben Morrow, claim $40,000
14. Lou Geraghty, claim $30,000
15. Neil Funnell, claim $30,000
16. Brian Dimmick, claim $20,000
17. Huon Valley Environment Centre Inc., claim $270,000
18. Dr Peter Pullinger (Doctors for Native Forests), claim $250,000
19. Dr Frank Nicklason (Doctors for Native Forests), claim $250,000
20. Doctors for Native Forests Inc., claim $50,000