By Martin Banks

The EU has taken what is called “a major step” towards ending the “widespread” practice of abusive lawsuits aimed at silencing journalists, NGOs, human and environmental rights defenders and civil society. MEPs have welcomed a provisional deal on new EU rules to protect those targeted with strategic lawsuits against public participation (SLAPP), such as journalists, rights defenders or civil society organisations. This comes after a political agreement was reached on 30 November between the European Parliament and the Council.

The upcoming law will allow the participation in the proceedings of NGOs, trade unions and other parties with legitimate interest in support of defendants.

It will also introduce measures regarding legal, psychological and financial assistance through a single point of contact to those that are victims of SLAPPs.

Following the negotiations, lead MEP Tiemo Wokken, a German member, said: “After intense negotiations, we have a concluded a deal on the Anti- SLAPPs directive – a step towards ending the widespread practice of abusive lawsuits aimed at silencing journalists, NGOs and civil society. “Despite the Council’s attempts to significantly weaken the Commission’s proposals, Parliament secured a deal that includes a definition of cross- border cases, accelerated treatment for key procedural safeguards such as early dismissal and provisions on financial security, as well as flanking support measures on assistance, data collection and the compensation of costs,” added the Socialist member.

The MEP added, “We have also successfully introduced new flanking measures regarding assistance, information, transparency and data collection. This includes making existing legal aid, financial aid and psychological support available through a single contact point at national level.”

“Finally, we have secured full reimbursement of costs for defendants, as well as the availability of strong penalties and the link with the right to compensation recognised under national law across member states.”

“The Anti-SLAPPs Directive will help to better protect the rule of law, freedom of speech and freedom of association and, ultimately, our democracies, in Europe.”

As proposed by the Commission last year, the new EU directive creates a system of powerful procedural safeguards for cross-border SLAPP cases. The existence of these safeguards will equip courts to deal with abusive litigation but will also deter potential claimants from engaging in such practices.

When the new directive enters into force, for the first time there will be a binding European legal instrument against strategic lawsuits against public participation, following  calls for such action from civil society after the murder of Maltese journalist Daphne Caruana Galizia.

The new rules will include: the early dismissal of manifestly unfounded claims;remedies against abusive court proceedings including the full award of costs and penalties or other appropriate measures; protection against third country judgments which will not be recognised or enforced in the EU.

This Directive forms a package which was adopted in 2022 and is already being implemented.

The European Parliament and the Council will now have to formally adopt the political agreement.

Meanwhile, to mark the recent International Day to End Impunity for Crimes against Journalists, the NUJ has renewed its “steadfast commitment to eradicating the targeting and killing of journalists worldwide”.

This, it says, is “in solidarity with the International Federation of Journalists to stress the importance of a free press, for those responsible for crimes to be held accountable, and for journalists to be able to work in safety.” Michelle Stanistreet, NUJ general secretary, said, “We cannot remain silent as crimes against journalists are committed and perpetrators evade justice. Standing in solidarity with the IFJ, NUJ members across the UK and Ireland demand an end to impunity for those who target journalists and seek to undermine media freedom.”

“Over the past year, the NUJ has launched resources to support journalists’ safety, working with governments and employers to raise awareness of the harm to journalism and a free press if unacceptable abuse and harassment
wielded is allowed to continue. We call for an end to the targeting of all journalists and will continue our campaigns on behalf of our members and work to ensure that those who commit these crimes are brought to justice.”

Last year 68 journalists were killed, with Russia’s invasion resulting in the highest number of journalists’ deaths in Ukraine. This year, the Israel- Hamas war has so far claimed the lives of at least 29 journalists with grave concern about further possible casualties.