Belgium (Brussels Morning Newspaper) In a move to safeguard journalists and activists in the European Union (EU) from baseless and manipulative lawsuits aimed at stifling their voices, the European Parliament has endorsed draft legislation. This legislation aims to protect individuals such as journalists, media organizations, human rights defenders, activists, researchers, and artists from strategic lawsuits against public participation (SLAPPs). SLAPPs are often used to intimidate and penalize individuals working on matters of public interest, including fundamental rights, corruption allegations, and the activities of public officials. The draft legislation was adopted with an overwhelming majority of 498 votes in favor, 33 against, and 105 abstentions.
The new rules will be applicable in cases that have implications across multiple EU member states, particularly when the defendant, claimant, and court are not located in the same country. Furthermore, if an act of public participation, such as a press article, social media post, video, research, or artwork, is relevant to more than one member state and can be accessed electronically, the legislation will come into effect. The draft directive includes several safeguards for victims of SLAPPs. For instance, victims can request the early dismissal of a lawsuit, requiring the claimant to prove that the case is not unfounded. In addition, the claimant would be responsible for covering all costs associated with the proceedings, including the defendant’s legal representation, and would face penalties. Meanwhile, SLAPP victims would have the right to seek compensation for psychological and reputational harm caused by abusive lawsuits.
To prevent the practice of choosing courts that are more likely to favor the claimant, the legislation stipulates that defamation cases should only be admissible in the defendant’s national court. Furthermore, member states are urged not to recognize SLAPP judgments from third countries against individuals and companies residing within their territories and should allow those targeted to seek compensation through national courts.
In addition to these protective measures, MEPs are calling for the establishment of one-stop shops in EU member states where SLAPP victims can seek information and assistance. National authorities are also urged to provide financial, legal, and psychological support to those targeted by SLAPPs. The legislation further emphasizes the importance of providing adequate training to legal practitioners to effectively handle SLAPP cases, while professional associations are encouraged to adopt rules discouraging their members from engaging in abusive lawsuits. MEPs have also proposed the collection of relevant data, particularly on court decisions, and the establishment of an EU register on SLAPPs by the European Commission.
The President of the European Parliament, Roberta Metsola, expressed the institution’s commitment to protecting the truth and the democratic right to know. Metsola highlighted the need to address frivolous lawsuits that pose a threat to lives and livelihoods and stressed the importance of enacting legislation to tackle this issue. The rapporteur for the legislation, Tiemo Wölken, emphasized the dissuasive effect of abusive lawsuits on critical voices and the crucial role played by journalists and activists in democracies. Wölken highlighted the directive’s aim of providing comprehensive protection for individuals across the EU, ensuring victims receive financial and psychological support, and broadening the definition of cross-border cases. Wölken firmly stated that courts should not be playgrounds for the powerful and wealthy.
The legislative proposal will now enter the negotiation phase between the European Parliament and member states to determine its final form. The European Parliament’s strong position on this issue follows its consistent advocacy for bolstering media freedom and its condemnation of attacks on journalists and human rights defenders. The Coalition against SLAPPs in Europe (CASE) reported that the number of SLAPP cases reached a peak in 2020, with 114 recorded instances.
David Casa, an MEP, described the Parliament’s endorsement of the legislation as a significant milestone in the fight for stronger protections for press freedom. Casa highlighted the progress made, particularly in light of the assassination of journalist Daphne Caruana Galizia, despite initial skepticism about combating SLAPPs on a European level. Casa commended the hard work of his colleagues and Vice-President of the Commission, Věra Jourová, and urged the Council not to squander the opportunity to establish an effective anti-SLAPP law during the upcoming trilogies.
The fight against SLAPPs and the protection of journalists and activists remain crucial in upholding democratic values and ensuring the free flow of information in the EU. The proposed legislation demonstrates the EU’s commitment to addressing this issue and providing a safer environment for those who work tirelessly to uncover the truth and defend the public interest.
