PATFox collaborates with German Bar Association
On September 14 2023, the second PATFox Germany training session took place in collaboration with the working group for intellectual property & media law of the German Bar Association (AGEM in DAV). 17 German lawyers participated in this workshop, with 16 of them being first-time attendees at a PATFox event. The focus of the workshop was to address SLAPPs (Strategic Lawsuits Against Public Participation) from both a European and German perspective, and to explore effective strategies for combating this form of legal abuse.
Session 1: The Proposed EU Anti-SLAPP Directive and Existing EU Instruments
The event commenced with a keynote address by Prof Justin Borg-Barthet from the Anti-SLAPP Research Hub at the University of Aberdeen. Prof. Borg-Barthet provided insights into the European dimension of SLAPPs, introducing the proposed EU Anti-SLAPP directive and its key components. The discussion delved into the scope of the directive, early dismissal, remedies, and third-country judgments. Prof. Borg-Barthet also touched on Intra-EU Private International Law Issues and applicable law within the EU. During the Q&A session, participants engaged in a lively debate on the background of SLAPPs, ongoing European initiatives, and the cross-border implications of the directive. It was a valuable opportunity to gain a deeper understanding of the European response to this phenomenon.
Session 2: SLAPP as a European Problem
The second part of the workshop featured guest speakers from Italy, Malta, Poland, and Slovakia, who shared their unique perspectives on SLAPPs in their respective countries. Nadine Dinig, who conducted also the first PATFox Germany training as a local trainer, emphasized the importance of recognizing SLAPPs as a European issue, even if some regions may not consider them problematic locally. Nicola Canestrini from Italy emphasized the threat SLAPPs pose to democracy and outlined strategies for defense, including public opinion defense and counterclaims. Michael Zammit-Maempel shared his experiences from Malta, a country deeply affected by SLAPP, especially in the context of investigative journalism. Karolina Gierdal from Poland discussed the need to differentiate between SLAPPs and other forms of legal threats and oppression, drawing from her experiences which focus on the defense of LGBTQI* rights against SLAPPs. Finally, Tomas Langer from Slovakia highlighted the public shaming and intimidation tactics used against critical journalists, which align with the essence of SLAPP.
Session 3: Defending against SLAPPs in Germany and Beyond
In this segment, German lawyers who have experience in defending against SLAPPs discussed cases of strategic and abusive legal attacks in Germany, particularly targeting journalists and environmental activists. The importance of close collaboration with clients on PR strategies and highlighting the abusive nature of these cases was emphasized. The attending German lawyers, many specializing in intellectual property and media law, reflected on their own encounters with SLAPP cases. The exchange of experiences with European colleagues deepened their understanding of SLAPP and reinforced the need for pan-European networking.
The workshop received positive feedback from all attendees, building on the success of the previous PATFox Germany training event in January 2023. Participants appreciated the more compact format of the workshop and the collaboration with the German Bar Association, which added credibility to the event. The workshop provided a wealth of information, from an overview of the EU-wide Anti-SLAPP debate to practical defense strategies. Attendees left with a sharper knowledge of SLAPP, new defense strategies, and a broader understanding of the European dimensions of the problem. The importance of cross-border collaboration in addressing SLAPPs was underscored thanks to the presence of lawyers from various European countries who shared their practical experiences.
The second PATFox Germany workshop marked a significant step forward in the fight against SLAPPs. With the combined efforts of legal professionals from Germany and across Europe, there is a growing awareness of the challenges posed by strategic lawsuits designed to silence public participation. As these collaborative efforts continue, the legal community is better equipped to defend against SLAPPs and protect the critical voices that play a crucial role in European democracies. This workshop was a testament to the power of knowledge sharing and cross-border cooperation in addressing a pressing legal issue.