New EU ‘Daphne’s Law’ Aims To Swiftly Shut Down Manifestly Abusive Libel Cases
A new EU law named in honour of assassinated Maltese journalist Daphne Caruana Galizia will make sure people can swiftly put an end to lawsuits opened solely to shut them up and waste their time.
The European Parliament reached an agreement with the European Council on a proposed anti-SLAPP directive that has been nicknamed ‘Daphne’s law’.
The law will only apply in cross-border EU cases, not those only relevant to one member state.
As per the text, defendants who feel they are victims of SLAPP – ie. a frivolous lawsuit that was only opened to make them spend time and money to defend themselves – will be able to apply for the early dismissal of the case. It will then be up to the initiators of the case to prove the case was well-founded.
DEAL on anti-SLAPP rules!⚖️@EP_Legal negotiators led by @woelken struck a deal with EU countries on EU protection against abusive legal actions silencing critical voices. Press release to follow 👉 https://t.co/jbc3mgDyZ6 pic.twitter.com/xnLmuf1RpG
— JURI Committee Press (@EP_Legal) November 30, 2023
Courts will be expected to deal swiftly with such applications.
They will also be able to impose dissuasive penalties on claimants who are found to have opened cases frivolously and can oblige them to pay all the costs of proceedings, including the defendant’s legal representation.
SLAPP victims can also be awarded compensation for inflicted damage.
Member states will have to provide SLAPP victims with legal aid in cross-border civil cases, ensure they are given access to comprehensive information on support measures, ensure that final SLAPP-related judgements are published in an easily accessible and electronic format, and gather data on SLAPP cases.
Crucially, the law will oblige EU countries to ensure that third-country judgments in unfounded or abusive proceedings against individuals of institutions domiciled in their territory will not be recognised. Those targeted by SLAPP will be able to claim compensation for related costs and damages in their domestic court.
European Parliament President Roberta Metsola welcomed this new law as a “huge step forward” to protect journalists.
“We are not at the end. But this one is personal. It is for Daphne, for her family, for all the activists who never gave up, for all the journalists still fighting. Justice must also mean change,” she said.
German MEP Tiemo Wölken, who led the European Parliament’s negotiations on the deal, said that despite the European Council’s attempts to “significantly weaken” the EC’s original proposals, Parliament secured a deal that includes “a definition of cross-border cases, accelerated treatment for key procedural safeguards such as early dismissal and provisions on financial security, as well as flanking support measures on assistance, data collection and the compensation of costs.”
The directive now needs to be formally approved by the European Parliament and the European Council after which it will be published in the EU’s Official Journal and enter into force 20 days later. Member states will have two years to transpose the legislation into national law.
This action was co-financed by the European Union in the frame of the European Parliament’s grant programme in the field of communication. The European Parliament was not involved in its preparation and is, in no case, responsible for or bound by the information or opinions expressed in the context of this action. In accordance with applicable law, the authors, interviewed people, publishers or programme broadcasters are solely responsible. The European Parliament can also not be held liable for direct or indirect damage that may result from the implementation of the action.
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