The European Union has achieved a significant milestone in safeguarding journalists and human rights defenders from SLAPPs (Strategic Lawsuits Against Public Participation). The Spanish Presidency of the Council and the European Parliament have reached a political agreement on a directive aimed at protecting individuals from unfounded legal actions intended to stifle free speech on matters of public interest.
As previously reported by NEWSROOM IN, the European Parliament endorsed the Media Freedom Act (EMFA) in early October. This legislation seeks to mitigate political and economic pressures on journalists and media organizations by both state and private entities. It aims to shield journalists, their families, and sources from harassment. A key focus of the discussions among Members of the European Parliament (MEPs) was the issue of SLAPPs—unfair legal actions used to silence those speaking out on matters of public concern.
The EU’s commitment to preserving democratic values is evident in this new law, which acts as a shield for journalists and human rights defenders against baseless and abusive legal challenges.
Protections and Defenses for SLAPP Targets
Individuals facing SLAPP cases will now benefit from various procedural safeguards and defenses, empowering them to counteract these attempts at silencing. They can petition the court to:
➤ Early Dismissal: If the claim lacks merit, the judge may expedite its dismissal.
➤ Financial Security: The court may require the plaintiff, the party initiating the SLAPP case, to provide financial security for the costs of litigation.
➤ Other Remedies: The court may rule that the plaintiff bears the costs of litigation, including the SLAPP victim’s legal representation costs. The judge may also impose penalties or other equally effective measures on the party bringing the SLAPP case.
Addressing Cross-Border SLAPP Cases and Third Country Judgements
The Council and the European Parliament have agreed on defining the cross-border nature of SLAPP cases. A case will be deemed cross-border if both parties do not reside in the same Member State where the case is pending, and all relevant elements are located in that Member State.
In the case of SLAPP proceedings in a third country against an EU resident, Member States must refuse to recognize and enforce the third country decision if it is considered manifestly unreasonable or offensive in the Member State concerned.
Support Measures for SLAPP Victims
To further support lawsuit victims, Member States are mandated to provide information on procedural safeguards and remedies in a centralized manner. Additionally, Member States will collect specific data on SLAPP cases from the courts to better understand the scope of this phenomenon.
Next Steps and Reminder of SLAPP Characteristics
The agreed-upon directive now awaits approval by the Member States’ representatives in the Council (Coreper). Upon approval, the text will be formally adopted by both the Council and the European Parliament.
NEWSROOM IN highlights the attributes of SLAPPs, as identified by the Council of the EU: These legal actions, often instigated by powerful entities, are designed to stifle, intimidate, and mute critics, with a specific focus on journalists, human rights defenders, researchers, and academics. The surge in SLAPP cases has been extensively documented in rule of law reports and assessments by the European Commission, underscoring the imperative to address this issue on the EU platform.
