European Parliament / The directive on SLAPPs against journalists was passed

Directive against SLAPPs in weight journalists approved me 546 votes “for“, 47 “against” and 31 abstentions, the European Parliament “reaffirming its commitment to protect” save journalists, activists, academics and organizations from lawsuits aimed at silencing them.

According to the European Parliament, the protection has a cross-border nature, “that is, when the defendant, the plaintiff and the court they are not based in the same country or when the case concerns at least two member states». It is recalled that the European Parliament and the Council reached a relevant agreement last November.

The directive will enter into force 20 days after its publication in the Official Journal of the EU. From that date onwards the member states have at their disposal two years to her incorporate in the national law.

It is noted that for more effective protection of victims, the new European directive establishes two meters: the dismissal of unfounded cases at a preliminary stage and the possibility to ask the plaintiff to cover court costs, including for the legal representation of the defendant, as well as to pay compensation to the victim. If the defendant requests that the case be dismissed at a preliminary stage, it is up to the plaintiff to demonstrate that there are reasons to continue the proceedings.

The court may also impose others sanctions to plaintiffs, who are often politicians, companies or interest groups, such as, for example, forcing them to pay victims compensation for moral or financial damage.

To avoid situations in which the plaintiffs choose to appeal in courts where is most likely to line up in favor of themthe new rules, according to the European Parliament, ensure that not I will are recognized the decisions courts except EU in relation to unfounded or abusive claims against natural or legal persons based in the EU.

“At the same time, member state governments should ensure that the victims of abusive lawsuits they will have access to all information about procedural guarantees and remedies gathered in one place, so they can easily find where to turn for legal assistance or financial and psychological support.

» In addition, EU countries should ensure that it is provided legal assistance to the defendants in civil proceedings of a cross-border nature. Finally, they should publish all final decisions in SLAPP cases and collect detailed information about them.”

After the vote, the rapporteur Velken Monastery (Socialists, Germany) said: “SLAPP lawsuits are a threat to the rule of law and seriously undermine the fundamental rights of freedom of expression, information and association. It is a form of legal harassment and abuse of the judicial system, increasingly used by powerful individuals and organizations to avoid public scrutiny. EU courts should not be used in this way for personal gain. This directive will help combat SLAPPs by preventing people from using the courts to intimidate and prevent journalists and activists from releasing information and enforcing a form of self-censorship.”