A deal was reached in the early hours of Thursday on a new robust anti-SLAPP directive, dubbed Daphne’s Law, that will protect journalists, human rights defenders and activists from intimidatory cross-border lawsuits aimed at silencing them.
It followed negotiations with the European Commission and the European Council (the EU heads of government) which had wanted a watered-down version of the proposed directive approved overwhelmingly by MEPs in July.
The aim of Strategic Lawsuits Against Public Participation (SLAPPs) is to intimidate opponents by threatening to take heavy legal action.
"I call it Daphne's law," said Vera Jourova, Vice-President for Values and Transparency at the EU Commision while European Parliament President Roberta Metsola said "This one's for Daphne Caruana Galizia".
The journalist was targeted with over 40 cases against her when she was murdered in a car bomb in October 2017.
European Commission President Ursula von der Leyen said the agreement would “protect those who try to reveal inconvenient truths”.
The new directive is aimed at protecting those working on issues of public interest such as fundamental rights, the activities of public officials or corruption allegations.
The rules will apply in cross-border cases when the defendant, claimant and court are not based in the same country.
Rapporteur Tiemo Wölken told a media briefing that the European Parliament had kept its strong position and had achieved most of what it had insisted on during the negotiations.
“There were 160 SLAPP suits filed in 2022. They are a threat to our democracy. They are undermining our democracy and that is why have need to fight them,” he said.
What will change under the rules?
He explained that the new rules would allow a person targeted by a SLAPP lawsuit to request a rapid rejection by the courts. A court can also decide to make the plaintiff bear the costs of the proceedings, particularly legal fees of the person facing the lawsuit.
He said that despite the Council’s attempts to significantly weaken many of the Commission’s initial proposals, negotiations managed to safeguard a wide range of procedural guarantees for victims of SLAPPs. This includes safeguarding the definition of matters with cross-border implications, ensuring a comprehensive understanding of this notion when assessed by national judges.
Defendants will be able to apply for the early dismissal of unfounded claims and in such cases, the SLAPP initiators will have to prove their case is well founded. Courts will be expected to deal swiftly with such applications.
To prevent abusive lawsuits, courts will be able to impose dissuasive penalties on claimants, usually represented by lobby groups, corporations or politicians. The courts can oblige the claimant to pay all the costs of proceedings, including the defendant’s legal representation.
“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 the national level. We have also 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,” Wölken said.
He said MEPs managed to include a provision that those targeted by SLAPPs may seek compensation for inflicted damage. Member states will also have to provide legal aid in cross-border civil proceedings, ensure that final SLAPP-related judgments are published in an easily accessible and electronic format and gather data on SLAPP cases.
Finally, EU countries will make sure that third-country judgments in unfounded or abusive proceedings against individuals of institutions domiciled in their territory will not be recognised. Those targeted by SLAPP suits will also be able to claim compensation for related costs and damages in their domestic court.
Once formally approved by the plenary and the member states, the legislation will enter into force twenty days after its publication in the Official Journal. Member states will have two years to transpose the legislation into national law.
European Parliament President Roberta Metsola also welcomed the deal reached to offer higher protection to journalists. She said on Facebook that this new directive was "for Daphne and her family".