The European Parliament has taken the final vote in favour of a proposed directive to protect journalists and human rights activists from abusive cross-border civil proceedings, known as strategic lawsuits against public participation (SLAPPs). 87.5% of the MEPs voted in favour. The directive is known as Daphne's Law in honour of slain Maltese journalist Daphne Caruana Galizia, who was the target of such lawsuits.
The directive's aim is to enable judges to identify SLAPPs and order their early dismissal, and thus spare the journalists or activists targeted by such proceedings the need to defend the manifestly unfounded claim brought against them in bad faith with the sole purpose of harassing them.
The EU member states have two years to implement the directive.
In a reaction, the Daphne Foundation said Malta must now transport the directive into national legislation.
The President of the European Parliament Roberta Metsola, who as a Maltese MEP was entrusted with the drafting of the own initiative report that was presented to the European Commission in 2021, spoke of her pride at what had been achieved, saying this was a watershed moment.
“I'm very proud of what we have achieved. A strong anti-SLAPP directive that provides cover to journalists and activists in the crossfire, who are threatened and harassed day and night for doing their job, who have nowhere else to turn to.
"Before her assassination, Daphne Caruana Galizia was facing more than 40 lawsuits. She was a target because she was a threat. We promised this law to her family, to her parents and her sisters. We worked hard for it. We delivered."
She thanked all those who were part of this journey: Daphne Caruana Galizia's sons, lawyers and experts, journalists, media freedom organisations, civil society and ultimately, MEPs who supported the cause from the very beginning.
"Daphne, Rose, this is for you,” Metsola said. Rose, Daphne's mother, passed away last year.
Casa insists directive must also be applied for domestic cases
David Casa, who along with Metsola, was among 30 MEPs who called for this directive four years ago, welcomed the final vote on Tuesday.
Casa had also called for the directive in early 2018.
He recalled in a statement that he had started his campaign after Maltese media houses received threatening letters from Pilatus Bank in the aftermath of the assassination of Daphne Caruana Galizia. The letters demanded that media houses alter their content or face financially crippling legal action in other jurisdictions. He had labelled such action as ‘abusive’ and tantamount to the ‘harassment of the free press’.
“Initially our main hurdle was finding a legal basis that would empower the EU to legislate. Thanks to the work of Vice President Věra Jourová, that hurdle was overcome. But it is true that the EU could only go so far, and the directive primarily caters for cases that have a cross-border element," he said.
“This is why together with the directive, the Commission also issued a Recommendation which makes it clear that the provisions of the directive should also be applied to purely domestic cases. We must work hard to ensure that this happens all across the EU and especially in Malta,” Casa said.
“That Daphne’s Law is now a reality is a substantial achievement. But we must now ensure that it is worthy of the name it has been given, also by securing a transposition that caters for all SLAPP cases - even those that are entirely domestic,” the MEP insisted.
“While we fight for stronger laws and protections, the bottom line is that a government antagonistic to press freedom is harmful for our democracy.”
PN leader Bernard Grech said the PN's work in Malta and in Euroepan institutions led to this acquisition. The work of the Nationalist MEPs had been instrumental for this victory for journalists and democracy, he said.
Malta must now transport law into national legislation - Daphne Foundation
The Daphne Foundation welcomed the European Parliament’s adoption of the directive and said Malta must now transpose Daphne’s Law into national legislation as a first step to ensuring that abusers will no longer be able to weaponise the law to silence their critics.
"The legislation must be designed to close off any opportunity for the legal system to be abused and the enactment of legislation must be accompanied by measures such as training of the judiciary and lawyers, in line with the European Commission’s anti-SLAPP Recommendation and the upcoming Council of Europe Recommendation, to ensure the system of anti-SLAPP protection is robust.
Daphne’s Law was brought about by a coalition of the willing in Malta and beyond, inspired by the horrific experience of Daphne Caruana Galizia who faced 48 abusive lawsuits at the time of her assassination, some of which are still active more than six years after her death.
In September 2021, Malta had promised to be the first European country to introduce anti-SLAPP legislation. It is now up to our government to make this happen. We believe that this is achievable without compromising the spirit and standards of Daphne’s Law."