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Chilling effect

In a legal context, a chilling effect is the inhibition or discouragement of the legitimate exercise of natural and legal rights by the threat of legal sanction.[1] A chilling effect may be caused by legal actions such as the passing of a law, the decision of a court, or the threat of a lawsuit; any legal action that would cause people to hesitate to exercise a legitimate right (freedom of speech or otherwise) for fear of legal repercussions. When that fear is brought about by the threat of a libel lawsuit, it is called libel chill.[2] A lawsuit initiated specifically for the purpose of creating a chilling effect may be called a strategic lawsuit against public participation (SLAPP).

For other uses, see Chilling effect (disambiguation).

"Chilling" in this context normally implies an undesirable slowing. Outside the legal context in common usage; any coercion or threat of coercion (or other unpleasantries) can have a chilling effect on a group of people regarding a specific behavior, and often can be statistically measured or be plainly observed. For example, the news headline "Flood insurance [price] spikes have chilling effect on some home sales,"[3] and the abstract title of a two-part survey of 160 college students involved in dating relationships: "The chilling effect of aggressive potential on the expression of complaints in intimate relationships."[4]

Usage[edit]

In United States and Canadian law, the term chilling effects refers to the stifling effect that vague or excessively broad laws may have on legitimate speech activity.[5]


However, the term is also now commonly used outside American legal jargon, such as the chilling effects of high prices[3] or of corrupt police, or of "anticipated aggressive repercussions" (in say, personal relationships[4]).


A chilling effect is an effect that reduces, suppresses, discourages, delays, or otherwise retards reporting concerns of any kind.


An example of the "chilling effect" in Canadian case law can be found in Iorfida v. MacIntyre where the constitutionality of a criminal law prohibiting the publication of literature depicting illicit drug use was challenged. The court found that the law had a "chilling effect" on legitimate forms of expression and could stifle political debate on issues such as the legalization of marijuana.[6] The court noted that it did not adopt the same "chilling effect" analysis used in American law but considered the chilling effect of the law as a part of its own analysis.[7]


Regarding Ömer Faruk Gergerlioğlu's case in Turkey, the Office of the United Nations High Commissioner for Human Rights (OHCHR) said that Turkey's mis-use of counter-terrorism measures can have a chilling effect on the enjoyment of fundamental freedoms and human rights.[8]

Censorship

Culture of fear

Cancel culture

Democratic backsliding

Fear mongering

Media transparency

Opinion corridor

Prior restraint

Self-censorship

Strategic lawsuit against public participation

Bedi, Suneal. Harvard Journal of Law and Technology, vol. 35, no. 1 (Fall 2021), pp. 267-307.

"The Myth of the Chilling Effect."

Chilling The Internet? Lessons from FCC Regulation of Radio Broadcasting

Cato Policy Analysis No. 270

Archived March 2, 2021, at the Wayback Machine The Chilling Effect of English libel law

Libel Reform Campaign

Penney, Jonathon W. Minnesota Law Review, vol. 106, no. 3 (2022), pp. 1451-1530.

"Understanding Chilling Effects."

containing many current examples of alleged chilling effects

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Terms associated with libel cases