EU Law to Better Protect Journalists

Mar 29, 2024 Benn-Ibler Rechtsanwälte

The European Parliament wants to give journalists and human rights defenders better protection against strategic lawsuits designed to silence them.

This is to be implemented by means of the so-called Anti-SLAPP Directive, where SLAPP stands for ‘strategic lawsuits against public participation’.

Through lengthy and financially burdensome legal proceedings, these strategic lawsuits are designed to pressure and intimidate people who speak out on matters of public interest.

The directive aims to prevent such strategic litigation and to protect individuals and organisations involved in areas such as corruption, the fight against disinformation, or the protection of democracy.

Protection should also apply to cases with a cross-border dimension. The only exception to this should be in cases where both parties are domiciled in the same Member State as the court that gives the judgment.

The following procedural guarantees are laid down in the Directive:

• Victims of SLAPPs will be able to apply to the court to dismiss a manifestly unfounded claim at the earliest opportunity.
• If the proceedings are found to be abusive, the court may also order the plaintiff to pay the costs of the proceedings, including the costs of legal representation incurred by the SLAPP victim.
• Decisions on early dismissal of a case and on the provision of financial security must be taken by the courts in an expedited manner.
• In order to deter such abusive litigation, the judge may impose sanctions or other effective measures against the party bringing the SLAPP action.

It will also be up to the Member States to adopt rules allowing associations, organisations, and trade unions to assist the defendant or to provide information in the proceedings.

The Directive will enter into force on the 20th day following its publication. Member States will then have two years to implement it into national law.

EU Council Press Release (19 March 2024)