Fighting SLAPPs at the center of the European debate
Tiemo Wölken MEP
“SLAPP lawsuits are a threat to the rule of law and seriously undermine the fundamental rights to expression, information and association. They are a form of legal harassment and an abuse of the justice system that is used increasingly by powerful individuals and organisations to avoid public scrutiny.”, said Mr. Tiemo Wölken, MEP following the vote of the European Parliament's Legal Affairs Committee (JURI) on the report on Strategic lawsuits against public participation (2022/0117(COD)).
Wölken also stated that “the aim of a SLAPP is not to win the case, but to intimidate and deter many journalists and activists from making information known to the public, thus resulting in self-censorship. Our courts should not be seen as a playground for powerful individuals, companies and politicians and should not be abused for personal gain.”
On 27 June 2023, the Legal Affairs Committee adopted its position on new rules with 15 votes in favour, 1 against and 1 abstention, backing the directive proposal adopted by the European Commission in April 2022 and aimed to tackle the growing problem of strategic lawsuits targeting journalists, activists, and other public watchdogs across Europe.
To increase EU protection, MEPs decided to extend the definition of cross-border cases to include cases where the topic of the case is relevant for more than one country and is accessible electronically. In the text they also urge EU countries to implement the Commission’s recommendations for national cases, especially when it comes to legal assistance for those targeted, and to provide SLAPP victims with legal, financial, and psychological support. Moreover, the position includes a call for data collection, particularly on court decisions.
Parliament will meet in plenary session in mid-July, and adopt its position for the negotiations with member states. On this regard, earlier this month Council of the European Union adopted a water-down common position that is far too restrictive to have a meaningful impact. In particular, changes touched upon the provisions on dismissal proceedings, key protections related to related to cross-border cases, potential security for costs and damages, and penalties.
Additionally, it is worth mentioning that last week the Committee of Experts on Strategic Lawsuits against Public Participation (MSI-SLP), subordinated to the Steering Committee on Media and Information Society (CDMSI) of the Council of Europe, released the draft text of the Recommendation which will provide non-binding guidance for member states and other key stakeholders on measures to prevent and counter legal claims, proceedings and other actions brought in relation to public participation and expression on matters of public interest that have as their main purpose to prevent, restrict or penalize the exercise of rights associated with public participation.