The European Commission has proposed a new law and other measures to improve protection for journalists and human rights defenders across Europe from abusive court proceedings, including defamation cases, aimed at silencing them.
Of particular concern are strategic lawsuits against public participation (Slapps), described by the commission as “a particular form of harassment used primarily against journalists and human rights defenders to prevent or penalise speaking up on issues of public interest”.
The commission, in a statement, said the prevalence of Slapp was a matter “of serious concern” in some member states.
The 2021 Media Freedom Rapid Response (MFRR) had documented 439 alerts, with 778 persons or entities related to media being attacked, in 24 EU member states, including Slapps. In some 22 per cent of those incidents, media personnel faced legal consequences.
"A tragic example of the use of Slapp is the journalist Daphne Caruana Galizia who was facing more than 40 lawsuits at the time of her assassination in 2017," it said.
The aim of Slapps lawsuits is not to access justice but to harass, intimidate and silence defendants with the length of procedures, the financial pressure and the threat of criminal sanctions, it said.
“Journalists are not the only targets; human rights defenders and civil society organisations, especially those working on human rights and the environment, also face Slapp.”
Media organisations here and across Europe have frequently expressed concern about the chilling impact of defamation cases by wealthy and powerful litigants. Some planning lawyers here have also alleged an apparent move by some developers and others in recent years towards using Slapps to discourage litigation over certain developments.
Member states must report on implementation of the recommendation to the commission 18 months after its adoption.
Defend
In a statement, Commission Vice-President for Values and Transparency Vera Jourová said: “We promised to defend better journalists and human rights defenders against those that try to silence them. The new law does that.”
The proposed directive includes safeguards, which will apply in civil matters with cross-border implications, targeted to ensure the balance of access to justice and privacy rights with the protection of freedom of expression and information.
They provide, inter alia, for courts to take an early decision to dismiss proceedings if a case is manifestly unfounded. Claimants will have to prove their case is not manifestly unfounded and will have to bear all the costs, including the defendant’s legal fees, if a case is dismissed as abusive.
