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��SLAPP in Europe��Bea Bodrogi�human rights lawyer��GIJCN2023 �Gothenburg��

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Main points of the presentation

What is Strategic Lawsuits against Public Participation (SLAPP)?
SLAPP situation in Europe
EU Anti-SLAPP Initiatives: Directive and Recommendations
SLAPP situation in authoritarian regimes

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What is SLAPP?

SLAPP is an abusive lawsuit filed by a private party with the purpose of silencing critical speech

Is the legal action brought by a private party? If yes
Does the legal action target acts of public participation? If yes
Has the lawsuit been brought with the purpose of silencing, shutting down, or discouraging the acts of public participation? If yes

SLAPP

The definition of a SLAPP is simple: it is an abusive lawsuit filed by a private party with the purpose of silencing critical speech. These following three questions can help identifying and defying a SLAPP: if your answer to all three questions is “yes”, you’re most likely dealing with a SLAPP: For the first question, it is important to know government figures can act in private capacity (here the state machineriy is not used as in state censorhip)

Public participation is a broad term, it covers journalism, advocacy, whistleblowing, peaceful protest or boycotts, activism, or simply speaking out against the abuse of power.

The difficult question is how we identify the abusive purpose. following aspects should be cosidered: There are some typical caracteristic of these lawsuits. They targets individuals rather than just the organisation; there is a power and financial inbalance between the parties, the arguments relied upon are legally or factually baseless, the lawsuit appears to be part of a wider campaign to bully, harass, or intimidate the defendant; plaintiff engages in procedural manoeuvres designed to drive up costs

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Relevant characteristics of SLAPPs

They target individuals rather than just the organisation;
There is a power and financial imbalance between the parties;
The arguments relied upon are legally or factually baseless
The lawsuit appears to be part of a wider campaign to bully, harass, or intimidate the defendant;
The plaintiff engages in procedural manoeuvres designed to drive up costs
Winning the case is not the primary aim

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Example

A female journalist working for a community radio in Hungary criticized a major hotel construction project run by an energy drink company. For the same critical comment the company initiated a

press correction procedure
civil defamation procedure
criminal defamation procedure

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SLAPP cases in Europe

The murder of Daphne Caruana Galizia (2017)

48 libel cases

Public discussion about SLAPP

CASE coalition: https://www.the-case.eu/

Expose SLAPPs and SLAPPers, build resilience and advocate for law reform to prevent SLAPPs

SLAPP exist for a long time in Europe but the problem got real attention when the Maltese journalist and anti-corruption activist, Daphne Caruana Galizia was murdered in 2017. She was known for her investigation of the Panama Papers, but she also reported for decades on government corruption, money laundering, or misconduct by Maltese politicians and politically exposed persons. Daphne was the most frequently targeted individual in Europe, maybe the world. At the time of her death, Daphne Caruana Galizia was facing 48 libel suits. When she died, her family inherited the civil procedures. The coverage of the SLAPPs against Caruana Galizia led more journalists across the EU to speak about the SLAPPs they were facing. Around this time, non-governmental ngos gathered and formed a coalition to fight against Slapp together. CASE is a coalition of non-governmental organisations from across Europe to expose SLAPPs and those who use them, to build resilience to SLAPPs, and to advocate for law reform to prevent SLAPPs. The colatition gathers cases from all over Europe.

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SLAPP cases in Europe

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Who are the SLAPPers?

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Who are the victims?

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EU Anti-SLAPP Initiative

SLAPP Directive (still under negotiation)

The Directive covers SLAPPs in civil matters with cross-border implications:

Safeguards: early dismissal of court proceedings; procedural costs; damages; fines

SLAPP Recommendations

Awareness raising
Legal training
Data collection
Reporting
Free legal aid

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SLAPP situation in authoritarian countries

Controlling the media
Swaying, influencing the courts
Smear campaigns against journalists, human rights activists
Using new SLAPP tools: data protection law (GDPR)

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Conclusions

The main category of SLAPP defendants is journalists
Journalists are targeted personally rather than by the organizations they work for or represent
SLAPP is an increasing threat to press freedom and democracy across Europe
Awareness raising, reporting; free legal aid