MEP David Casa has called for European action to stop SLAPP (strategic lawsuits against public participation).
SLAPP lawsuits are filed to deter and muzzle critics - mostly journalists - by weighing them down with the cost of a legal defence until they stop their criticism or opposition.
“We have had to contend with the ridiculous situation of the Maltese government claiming that a solution must be found at EU level and the European Commission saying they could not find a legal basis and that action has to be taken by member states. This must end. A European solution is warranted, justified and necessary,” Mr Casa told a discussion he chaired within the European Parliament.
He pointed out how SLAPP lawsuits have been used in Malta against assassinated investigative journalist Daphne Caruana Galizia and more recently against media houses.
There are currently more than 47 lawsuits against Caruana Galizia that her family have to deal with, he said.
Mr Casa, together with other MEPs, reiterated his commitment to finding EU solutions to address the harassment of journalists through these abusive practices.
He welcomed the legal expert analyses, presented by Justin Borg-Barthet, that set out concrete measures that can be taken to address SLAPP practices including amending EU laws that deal with the choice of jurisdiction and the applicable law in defamation cases.
“We now have a concrete foundation on which we can base our work”, stated MEP David Casa.
Mr Casa called on the incoming European Commission to step-up efforts in this area.
“The political will to find such solutions was lacking in the outgoing commission. This Parliament remains committed to ending the harassment of journalists through these devious tactics. Hopefully, the new Commission will finally take the action that we have been calling for.," he said.
"We must also look at the policies being enacted in jurisdictions outside the European Union. There are opportunities to understand best practices and replicate such practices here."
"We must also be ready to call out abusive practices when we see them. Public outrage at the use of SLAPP can partially defeat their purpose.”
The event was co-hosted by Mr Casa together with MEPs Viola Von Cramon-Taubade (Greens/EFA) and Stelios Kouloglou (GUE/NGL).
It was organised by the European Centre for Press and Media Freedom together with Article 19, Media Legal Defence Initiative, European Federation of Journalists, Index on Censorship, International Press Institute, Committee to Protect Journalists, Free Press Unlimited, Global Witness, Greenpeace International, PEN International, The Daphne Caruana Galizia Foundation, Osservatorio Balcani e Caucoso Transeuropa and Reporters Without Borders.
Speakers included Corinne Vella, representing the Daphne Caruana Galizia Foundation, Gil Philips from The Guardian as well as Dr Borg-Barthet, Senior Lecturer at Aberdeen University.