Two Maltese MEPs David Casa and Cyrus Engerer even participated in the debate in plenary.

According to the draft, victims would have the ability to ask for early dismissal of the lawsuit wherein the claimant (the person who filed the SLAPP) would have to prove that their case is not baseless.

Claimants would also have to cover full cost of proceedings, including the defendant’s legal representation, while also facing penalties. Meanwhile, the SLAPP victim could seek compensation, even for psychological and reputational harm.

“With this directive, we aim to ensure they are protected across the EU, that victims receive financial and psychological support and that there is a broader definition of cross-border cases. Our courts cannot be playgrounds for the rich and powerful,” rapporteur Tiemo Wölken.

Additionally, proposed legislation would ensure that defamation cases can only be admissible in the defendant’s national court in order to limit the practice of choosing the court that is most likely to side with the claimant.

Furthermore, member states shouldn’t recognise the judgement of third countries on these cases against individuals and companies living in their territory. States should further allow targets to be compensated in the national court.

MEPs moreover want member states to establish one-stop-shops where SLAPP victims can seek information and advice and they urge national authorities to provide those targeted by SLAPPs with financial, legal and psychological assistance.

EU countries will be required to ensure legal practitioners receive adequate training to deal with SLAPP cases and that their professional associations adopt rules discouraging members from taking up abusive lawsuits.

MEPs also ask member states to collect relevant data, especially on court decisions, and for the Commission to establish an EU register on SLAPPs.

“Abusive lawsuits are dissuading critical voices from bringing issues of public interest to light. Journalists and activists are a cornerstone of our democracies and they should be able to work without being intimidated,” the rapporteur stated.

The rules outlined in the proposed legislation would apply in cross-border cases when the defendant, claimant, and court are not based in the same country or when the act of public participation is relevant for more than one member state and can be accessed electronically.

Next up, a press conference with Metsola and lead MEP Wölken will take place on Wednesday morning. Talks between the EP and member states on the final shape of the legislation will begin later that day.

Parliament has long advocated for strengthened media freedom and, in light of the increasing number of SLAPPs, adopted a series of resolutions denouncing attacks on journalists and human rights defenders and calling for their improved protection.

According to Coalition against SLAPPs in Europe (CASE), the peak in the number of SLAPPs in Europe was achieved in 2020 with 114 cases.

By moving forward with this legislation, MEPs respond to citizens’ proposals from the conclusions of the Conference on the Future of Europe on countering disinformation and propaganda, on developing a more effective and unified policy towards autocratic and hybrid regimes and developing partnerships with civil society organisations, on introducing legislation addressing threats to media independence, and on strictly enforcing EU competition rules in the media sector.

Do you think that the legislation will go through?