The European Parliament has voted in favour of legislation countering the threat that Strategic Lawsuits Against Public Participation (SLAPPs) pose to journalists, NGOs and civil society in Europe

In a report adopted with 444 votes in favour, 48 against and 75 abstentions, MEPs proposed a series of measures to counteract SLAPPs, frivolous legal actions based on exaggerated and often abusive claims, aiming to intimidate and professionally discredit their targets, with the ultimate objective of blackmailing and silencing them.

MEPs expressed their concern about the effect of these lawsuits on EU values, the internal market and the EU justice system. The text highlights the frequent imbalance of power and resources between claimants and defendants, which undermines the right to a fair trial . MEPs are particularly concerned about SLAPPs being funded from state budgets, and their use in combination with other state measures against independent media outlets, journalism and civil society.

Measures to protect victims and sanction abusers

In a statement issued by the EP, Parliament said it regretted that no member state has so far passed targeted legislation against SLAPPs. Therefore, it calls on the Commission to present a package of measures, including legislation. According to MEPs, these should include:

•	an EU directive against SLAPPs establishing minimum standards, which should protect victims whilepreventing and sanctioning the misuse of anti-SLAPP measures;
•	an ambitious legal framework in the upcoming Media Freedom Act;
•	the prevention of ‘libel tourism’ or ‘forum shopping’ – where claimants choose to file their actions in the most favourable jurisdiction – through uniform and predictable defamation rules, and by establishing that cases should be decided by the courts in the defendant’s habitual place of residence;
•	rules on early dismissal by the courts so that abusive lawsuits can be stopped quickly based on objective criteria; the claimant should face sanctions if they fail to justify in what way their action is not abusive ;
•	safeguards against combined SLAPPs, i.e. those combining criminal and civil liability charges, and measures to ensure that defamation cannot be used for SLAPPs; and
•	an EU fund to support victims of SLAPPs and their families, as well as adequate training of judges and lawyers.

Co-rapporteur Tiemo Wölken (S&D, DE) said: “We cannot stand by and watch as the rule of law is increasingly threatened, and the freedoms of expression, information and association are undermined. It is our duty to protect journalists, NGOs and civil society organisations reporting on matters of public interest. Our courts should never be a playground for rich and powerful individuals, companies or politicians, nor should they be overloaded or abused for personal gain.”

Co-rapporteur Roberta Metsola (EPP, MT) said: “This report should serve as a blueprint to protect journalists, to shield those seeking the truth, to safeguard freedom of expression and uphold our right to know. This cross-party, cross-committee report marks a watershed moment for journalism in the fight against abusive lawsuits. There is no place for abuse of our justice systems - that is the message we sent with our strong vote today.”

EP Vice President Metsola, during a press conference after the vote, said that the European Parliament has long called for legislation to combat SLAPP lawsuits.

"Today's vote saw a strong and united Parliament on this issue," she said, adding that it sent the "clearest of messages that the Parliament stands behind a Europe that fights for freedom of the press and journalists."

"While legislation is important, we also put forward complimentary soft law measures including for investment in the training of judges, and funds to help SLAPP victims deal with such lawsuits," she said.

She said that the ball is now in the EU Commission's court, and is grateful for the commitment of EU Commission Vice President Věra Jourová's commitment on this issue.

Asked by The Malta Independent what provisions could be put in place to defend against SLAPP lawsuits that are filed in countries outside of the EU, Metsola said that this was something that was discussed, "especially in the context of fact that a number of lawsuits are filed in the UK's courts." She noted that in other parts of the world there are countries, like the USA and Canada that are more advanced in legislating against SLAPP suits. She said that the forthcoming legislation from the Commission would act as a blueprint on how things could be done outside the EU and it would be used as part of the EU's political arsenal with third countries when it comes to cross border matters.

She said that SLAPPs are an issue more and more journalists in the EU are being faced with.

S&D MEP Tiemo Wölken said that the vote sends a clear message to the Commission to come forward with an ambitious piece of legislation.

"We saw journalists, activists and civil society organisation representatives becoming the victims of SLAPP lawsuits that simply aim to silence critical voices. I can say quite honestly that when we began working on this, I wasn't aware at how much of a problem it is. The problem with SLAPP suits is that the courts created with legitimate purposes are being used and abused to silence people."

"It is high time that we EU legislators got to work on this problem."

Next steps

On 4 October, the European Commission launched a public consultation to feed into an upcoming initiative to tackle abusive lawsuits filed against journalists and rights defenders. The Commission is expected to present a European Media Freedom Act in 2022, aimed to safeguard the independence and pluralism of media.