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Protecting Public Watchdogs across the EU: A Proposal for an EU ANTI-SLAPP Law

1 December 202028 August 2023 EU_CSO_2024Campaign, Democracy, Press releaseTagged civic space, democracy, justice, Rule of Law, SLAPP, watchdog

Civil Society Europe has joined forces with 66 civil society organisations from across Europe that have been working together over the past years to raise awareness and urge policy makers to protect public watchdogs such as journalists, rights defenders, activists and whistleblowers from Strategic Lawsuits Against Public Participation (SLAPPs) to present a paper with a proposal for anti SLAPP Law.

SLAPP suits are a form of legal harassment. Pursued by law firms on behalf of powerful in-dividuals and organisations who seek to avoid public scrutiny, their aim is to drain the tar-get’s financial and psychological resources and chill critical voices to the detriment of public participation.

Currently, no EU country has enacted targeted rules that specifically shield against SLAPP suits. EU-wide rules providing for strong and consistent protection against SLAPP suits would mark a crucial step forward towards ending this abusive practice in EU Member States and serve as a benchmark for countries in the rest of Europe and beyond. Together with other legislative and non-legislative measures, it would contribute to secure a safer environment for public watchdogs and public participation in the EU.

This is why civil society has engaged a wide range of experts including academics, lawyers, practitioners, SLAPP targets and policy and advocacy specialists, to look into the value added, the feasibility and the key components of possible EU anti-SLAPP legislation. The paper is the result of this collaborative work: a model EU anti-SLAPP law proposing a set of rules which, if in place, would make sure that in each EU country SLAPPs are dismissed at an early stage of proceedings, SLAPP litigants pay for abusing the law and the courts, and SLAPP targets are given means and assistance to defend themselves.

As democracy and the rule of law come increasingly under pressure in a number of EU countries, this paper supports the call on EU policymakers by the undersigned organisations to urgently put forward an EU anti-SLAPP Directive to protect public watchdogs that help hold the powerful to account and keep the democratic debate alive.

Read here our proposal for an EU Anti-SLAPP Law.

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