A cornerstone of healthy and thriving democracies is a pluralistic democratic debate that ensures that citizens can actively participate in the democratic debate. To do so, citizens must have access to reliable information and be able to form their own judgement in a public space where different views can be expressed.
Journalists and human rights defenders play a crucial role in feeding this public debate including by investigating and informing citizens on and pointing to issues of public interest.
What the Commission is doing
On 27 April 2022, the European Commission presented a set of proposals against manifestly unfounded or abusive court proceedings against public participation (known as SLAPPs). The measures are a mix of legislation and recommendations designed to equip journalists and human rights defenders who are targets of SLAPP with the tools to fight back against abusive court proceedings.
This is part of a set of measures announced in the European Democracy Action Plan issued on 3 December 2020.
The Recommendation has been applicable since its adoption on 27 April 2022.
Following a political agreement between the co-legislators, the Directive has been adopted on 11 April 2024.
An Expert group formed by legal practitioners, journalists, academics, members of media and civil society organisations has been assisting the Commission in this task.
The Commission is also providing funding for projects related to the fight against SLAPP via the Citizenship, Equality, Rights and Values (CERV) programme, for example through the call CERV-2024-CHAR-LITI-LITIGATION (Topic 3): Strategic litigation with a deadline of 18 September 2024.
The Commission’s multi-pronged approach
The EU action consists of a Directive and a Recommendation. The aim of the Directive is to provide targeted civil procedural safeguards against SLAPPs with cross-border implications brought against natural or legal persons, in particular journalists and human rights defenders. The Recommendation complements the Directive, and cover also purely national cases. It will also encompass domestic criminal and administrative law adjustments to be made. The focus is on training, awareness raising, support and monitoring.