The fight against SLAPPs at the center of the European debate
“SLAPP suits are a threat to the rule of law and seriously undermine the fundamental rights of expression, information and association. They are a form of legal harassment and an abuse of the judicial system increasingly used by powerful individuals and organizations to avoid public scrutiny,” said Tiemo Wölken MEP following the vote in the European Parliament’s Legal Affairs Committee (JURI) on the report on Strategic Lawsuits Against Public Participation (2022/0117(COD)).
Wölken also added that “the goal of the SLAPPs is not to win the case, but to intimidate and deter many journalists and activists, resulting in self-censorship. Our courts should not be seen as a playground for powerful individuals, corporations and politicians and should not be abused for personal gain.”
On June 27, 2023, the Legal Affairs Committee adopted its position on the proposed Directive with 15 votes in favor, 1 against and 1 abstention, endorsing the text adopted by the European Commission in April 2022 and aimed at addressing the growing problem of strategic lawsuits targeting journalists, activists and other public watchdogs across Europe.
To increase the level of protection, in their position MEPs decided to broaden the definition of cross-border cases to include cases where the subject matter is relevant to more than one country and is accessible electronically. They also urge EU countries to apply the Commission’s recommendations to national cases, especially as regards legal assistance to the individuals concerned, and to provide SLAPP victims with legal, financial and psychological support. They also call for the collection of data, in particular on court decisions, as well as already proposed in the Recommendation adopted by the European Commission in April 2022, alongside the proposed directive.
In mid-July, the Parliament will meet in plenary session and adopt what will be its final position for negotiations with the Member States on the proposed Directive.
For its part, a few weeks ago the Council of the European Union adopted a common position that was too restrictive to have a significant impact. In particular, the changes affected provisions on dismissal procedures, key protections related to cross-border cases, possible guarantees for costs and damages, and penalties.
In addition, it is worth mentioning that last week the Committee of Experts on Strategic Lawsuits against Public Participation (MSI-SLP), subordinate to the Council of Europe’s Steering Committee on Media and Information Society (CDMSI), published the draft Recommendation, which will provide non-binding guidance to member states and other key stakeholders on measures to prevent and counteract lawsuits, proceedings and other legal actions brought in relation to public participation and expression on matters of public interest that are primarily aimed at preventing, restricting or penalizing the exercise of the rights associated with public participation.
