EU To Introduce ‘Anti-SLAPP’ Legislation To Protect Journalists From Legal Harassment
The European Union is moving forward with landmark legislation designed to protect journalists, media organizations, activists, academics, artists, and researchers from strategic lawsuits against public participation (SLAPPs) — legal actions often employed to suppress critical voices.
“Our courts should not be seen as a playground for powerful individuals, companies and politicians and should not be abused for personal gain.”
The Legal Affairs Committee has adopted a stance on the new rules with 15 votes in favor, 1 against, and 1 abstention.
The proposed measures are expected to provide EU-wide protection from vexatious lawsuits that are intended to silence those working in the public interest on issues such as fundamental rights, environmental concerns, and public access to information.
The rules would cover cross-border cases, i.e., when the defendant and claimant are not both based in the member state of the court. In an effort to bolster EU protection, the scope of “cross-border cases” has been broadened to incorporate instances where the case topic has relevance to multiple countries and is electronically accessible.
In the proposed framework, those targeted by a SLAPP could apply for early dismissal of their case, with the burden of proof falling on the claimant to show that the case isn’t manifestly unfounded. The claimants would also be responsible for covering all costs associated with the proceedings, while SLAPP victims would be entitled to compensation for related damages, including reputational harm.
MEPs are urging member states to implement the Commission’s recommendations for domestic cases, particularly in relation to legal support for those targeted by SLAPPs. They’re also pushing for member states to provide SLAPP victims with legal, financial, and psychological support and to create one-stop-shops for relevant support contacts. There’s also a call for data collection, particularly on court decisions.
After the committee vote, rapporteur Tiemo Wölken (S&D, Germany) commented,
“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.”
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