BFMI Welcomes European Parliament’s Anti-SLAPP Legislation; Stresses Need for Balkan Focus

The Balkan Free Media Initiative (BFMI) welcomes the European Parliament’s decision to endorse draft legislation to protect journalists and activists in the European Union from abusive lawsuits aimed at silencing their voices. The legislation specifically targets strategic lawsuits against public participation (SLAPPs), which are tactics employed to intimidate and penalise individuals and organisations involved in matters of public interest, such as exposing corruption or highlighting the activities of public officials. BFMI has been particularly concerned about the increase in the use SLAPPs in the Balkans, including the EU-members states of Bulgaria, Croatia and Greece. 

The proposed rules apply to cross-border cases, cases involving multiple EU member states, and acts of public participation accessible electronically. The draft directive includes crucial safeguards for victims of SLAPPs. Notably, victims will have the right to request the early dismissal of baseless lawsuits, shifting the burden of proof onto claimants. Additionally, claimants will be required to bear the full costs of the legal proceedings, including the defendant's legal representation. Penalties may also be imposed on claimants to deter the abuse of SLAPPs

The legislation also emphasises the importance of training legal practitioners to effectively handle SLAPP cases, to ensure victims receive adequate representation and support throughout the legal process. Additionally, member states will be asked to set up one-stop shops to provide comprehensive support for SLAPP victims, including information, advice, and financial assistance.

The European Parliament's overwhelming backing of the draft legislation, with 498 votes in favour, 33 against, and 105 abstentions, underscores the crossparty for support to shield journalists and human rights defenders from the chilling effect of SLAPPs. The draft legislation will now move to the European Council to conclude the final wording of the directive. 

BFMI calls on EU member states to approve comprehensive and effective legislation that genuinely safeguards journalists. As RSF notes, the Council has already watered down the European Commission’s proposed version and risks undermining protections against attacks. The scope of the directive – cross-border cases –  means that it will apply to only those cases where the involved parties are located in different Member States, which is not the case in the vast majority of SLAPPs.

Moreover, BFMI calls on the European Commission and Council to ensure that such legislation also considers Accession countries. BFMI expresses concern about the rise of SLAPPs in EU Accession countries located in the Balkans and believes that alignment with EU protective measures must be made a condition for accession.