Across Europe, freedom of expression, independent journalism, and civic participation are increasingly challenged by abusive legal actions known as Strategic Lawsuits Against Public Participation (SLAPPs). These lawsuits are typically initiated by powerful actors to intimidate journalists, activists, researchers, and civil society members who speak on matters of public interest. Rather than seeking justice, such cases aim to create financial pressure, reputational damage, and psychological stress, ultimately discouraging public debate.
SLAPPs represent a growing threat to democratic systems because they weaken accountability and limit citizens’ ability to participate in public life. Investigative reporting, anti-corruption advocacy, environmental activism, and social justice campaigns are particularly vulnerable. Even when defendants eventually win in court, the long duration and high costs of litigation often achieve the intended silencing effect.
Recognising this concern, European institutions adopted a new legal framework in 2024 designed to provide minimum protection against cross-border abusive litigation. The directive introduces safeguards such as early dismissal of unfounded claims, financial compensation for defendants, and penalties intended to discourage misuse of courts. However, implementation across member states has been uneven, and many governments have struggled to transpose the rules into national legislation within the required timeframe.
Legal experts emphasise that legislation alone is insufficient. Effective protection requires judicial training, access to legal assistance, stronger safeguards for independent media, and broader awareness among citizens about their rights. Particular attention is also needed regarding gender-related impacts, as women journalists and activists often face compounded harassment through legal and online attacks.
Ultimately, protecting democratic participation requires coordinated action from governments, courts, media professionals, and civil society. Ensuring fair legal systems, safeguarding freedom of expression, and supporting independent journalism are essential for maintaining public trust and democratic resilience across Europe.
Rights Defenders Initiative calls on European governments to demonstrate stronger political sensitivity and commitment to ensuring that anti-SLAPP legislation is effectively adopted and implemented. Authorities should prioritise protecting journalists, human rights defenders, and civil society actors by creating accessible legal safeguards, preventing abuse of judicial systems, and reinforcing democratic participation. Meaningful implementation will help restore public confidence, protect fundamental freedoms, and ensure that laws designed to defend democracy deliver real and practical protection across Europe.
References
- Protecting journalists and human rights defenders from strategic lawsuits against public participation (SLAPPs) – European Commission
- Commission tackles abusive lawsuits against journalists and human rights defenders ‘SLAPPs’ – European Commission Representation in Cyprus
- extension://efaidnbmnnnibpcajpcglclefindmkaj/https://fra.europa.eu/sites/default/files/fra_uploads/franet_malta_civic_space_2021.pdf
- Council of Europe Platform for the Protection of Journalism – Safety of journalists reports
