Drittwirkung Bona Fides Shiled against SLAPPs

For most individuals private law cases asking substantial compensation for damages brought against them can be as chilling as a criminal charge. Private persons or government official might exploit this chilling effect by employing a SLAPP (Strategic Litigation Against Public Participation) suit to stifle freedom of expression. Several common law jurisdictions enacted anti-SLAPP legislation for this reason. President Recep Tayyip Erdogan’s use of private law libel suits against opposition figures illustrates how effective SLAPPs can be utilized.
I propose that “bona fides” rule in civil law tradition, with the help of “drittwirkung” concept can bar SLAPPs even in the absence of a specific anti-SLAPP legislation. In short since the fundamental rights listed in a constitution are binding for every individual in a jurisdiction, none can claim to be in good faith while using her rights to curtail freedom of expression of another individual.