Protection of journalists and human rights defenders from manifestly unfounded or abusive court proceedings
TA-9-2023-0264 · P9_TA(2023)0264 · PE745.170
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Parliament's amended version of a proposed directive sets minimum rules to protect people who engage in public participation from manifestly unfounded or abusive court proceedings, known as SLAPPs.¶¶¶ It covers journalists, media organisations, whistleblowers, human rights defenders, NGOs, trade unions, artists, researchers and academics, and those who support them, in civil and commercial matters with cross-border implications.¶¶ Defendants can ask for security for costs, early dismissal, and remedies including full costs, compensation and penalties; courts must act expeditiously and may act ex officio.¶¶¶ It adds rules on jurisdiction and applicable law for defamation and publication claims, and lets targets of third-country proceedings seek damages where they are domiciled.¶¶¶ Member States must provide support, legal aid, psychological support, awareness-raising, training, national registers and data collection, and the Commission a Union register and reports.¶¶¶
Key points
- The directive lays down minimum standards of protection against manifestly unfounded or abusive civil court proceedings, and threats of them, with cross-border implications.¶¶
- It protects natural and legal persons engaging in public participation, including journalists, publishers, media organisations, whistleblowers, human rights defenders, NGOs, trade unions, artists, researchers and academics.¶
- It also protects those who support, assist or provide goods or services to a targeted person, such as lawyers, family members, internet providers, publishing houses or print shops.¶
- Public participation covers statements and activities on matters of public interest, including complaints, petitions, claims, public hearings, and journalistic, political, scientific, academic, artistic or satirical works.¶
- Matters of public interest include fundamental rights, public health, safety, environment and climate, activities of public figures, allegations of corruption, fraud, money laundering and other offences, and fighting disinformation.¶¶¶
- Abusive proceedings are fully or partially unfounded and misuse the judicial process to prevent, restrict or penalise public participation, indicated by imbalance of power, intimidation, bad-faith tactics or forum shopping.¶¶¶
- Member States shall allow courts to act ex officio on procedural safeguards, and shall ensure courts use the most expeditious procedures available.¶¶
- Member States shall ensure access to information and advice, legal aid, financial assistance and psychological support for those targeted.¶
- Courts may accept associations, organisations, trade unions and other bodies with a legitimate interest to take part in proceedings on behalf of or in support of the defendant, with his or her approval.¶
- Courts may require the claimant to provide security for costs and damages, and shall set reasonable time limits for applying for early dismissal.¶¶
- A claimant who brought abusive proceedings is ordered to bear all costs, including full legal representation costs, and the harmed person can obtain full compensation for material and non-material harm without separate proceedings.¶¶
- Member States shall establish a publicly accessible national register of relevant court decisions, and the Commission a Union register; Member States shall collect data and the Commission report every five years.¶¶¶
Who is affected
- Journalists, media organisations, whistleblowers, human rights defenders, NGOs, trade unions, artists, researchers and academics: protected from abusive proceedings.¶
- Lawyers, family members, internet providers, publishing houses and print shops supporting targeted persons: also protected.¶
- Member States: must transpose the rules, provide support and legal aid, and set up registers and data collection.¶¶¶
- Courts and tribunals: must act expeditiously, may act ex officio, and may order security, costs, compensation and penalties.¶¶¶
- Claimants who bring abusive proceedings: face cost orders, compensation and penalties.¶¶¶