First test of ‘Daphne’s Law’ begins as Greenpeace challenges $666m US suit

'We will be watching', MEP David Casa says

An anti-SLAPP directive inspired by the legal challenges faced by slain journalist Daphne Caruana Galizia is facing its first test case over a $666 million US court judgement against Greenpeace.

Greenpeace International, headquartered in Amsterdam, is challenging the $666 million ruling delivered in the US.

The environmental NGO was ordered to pay US oil company Energy Transfer the sum for allegedly defaming the company and interfering with a pipeline project by coordinating high-profile protests.

Greenpeace denies the claims and argues that the case was a clear example of a SLAPP case, which is intended to punish dissent and deter public advocacy.

Last year, the EU adopted minimum standards intended to protect journalists and other public watchdogs from abusive litigation across the EU.

The directive was inspired by Caruana Galizia's experience with vexatious lawsuits, as she was facing 48 cases at the time of her assassination in October 2017.

Greenpeace’s case is expected to test whether Article 17 of the new directive can be used to reject and potentially reverse foreign judgments considered contrary to EU public policy and freedom of expression.

MEP David Casa, who helped steer through the anti-SLAPP directive, said the European Parliament will be watching the application of the new directive closely.

“Freedom of the press is fundamental to our democracy. This is why we fought so hard for Daphne’s Law to address SLAPPs against journalists and activists,” Casa said.

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