Strategic lawsuits against public participation (SLAPPs)

On 29 November 2023, the European Parliament and the Council of the EU reached a compromise on the proposed directive to protect journalists and human rights activists from abusive cross- border civil proceedings, known as strategic lawsuits against public participation (SLAPPs). The directive's aim is to enable judges to identify SLAPPs and order their early dismissal, and thus spare the journalists or activists targeted by such proceedings the need to defend the manifestly unfounded claim brought against them in bad faith with the sole purpose of harassing them. The main changes to the original proposal include a broadening of the scope of application of the directive through two new inclusive definitions – for 'cross-border implications' and 'public participation' – and the introduction of a rule on reimbursement of legal costs incurred by a SLAPP victim, unless it is shown that such costs were excessive. Although journalists are also targeted by criminal SLAPPs, this directive would only apply to civil litigation, and only in cross-border cases. Parliament is expected to approve the compromise text during its session in the week of 26 February 2024, which would allow it to be published in the Official Journal in the spring. The EU Member States will then have 2 years to implement the directive, that is, by 2026. Fourth edition. The first two editions were written by Micaela Del Monte and Maria Díaz Crego, and the third was updated by Rafał Mańko. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.