The European Commission has launched a public debate on its plan to protect journalists and human rights activists from court cases aimed at restricting their work.
The information from the public discussion will be used for the upcoming initiative of the European Commission on the so-called Strategic Lawsuits Against Public Participation (SLAPP) are often used by businesses, governments or individuals to silence media or human rights activists.
"Journalists and human rights defenders should be the guardians of our democracy and not be legally harassed in order to be controlled by those in power. The public hearing will help us understand what we need to do to protect them," she said on the occasion of the launch of the public hearing. Vice President of the European Commission for Values and Transparency Vera Jurova.
The proposed SLAPP initiative was announced in December 2020 as part of the Action Plan for European Democracy, a broad package of measures aimed at strengthening free elections, protecting media freedom and combating disinformation.
The use of SLAPP lawsuits against journalists is increasing in Europe and calls for the EU to take action against such lawsuits have increased since the murder of Maltese investigative journalist Daphne Caruana Galizia in 2017. 47 SLAPP lawsuits were filed against her.
Earlier this year, more than 100 organizations signed an open letter to the Council of Europe asking for recommendations to combat the increasing use of SLAPPs on the continent, in EU countries and those outside the bloc.
SLAPP lawsuits "abuse the legal and judicial systems to censor, intimidate and silence journalists and human rights activists," European Justice Commissioner Didier Reynders said, describing them as "a threat to democratic values and fundamental rights."
"The initiative of the European Commission will deal with this threat and help to ensure the proper functioning of the control," added the European Commissioner.
The public discussion began on October 4 and will last until January 10, 2022, and the adoption of the initiative is expected during the spring.
Among the recent actions of the Commission under the auspices of the Action Plan for Democracy are the introduction of the Recommendation for the safety of journalists and the incentive for wider support when it comes to updating the Code of Practice on Disinformation from 2018.
MEP Timo Wölken, EP Legal Affairs Committee (JURI) rapporteur for SLAPP claims, told EURACTIV that "we need to develop stronger judicial cooperation by providing common rules on how to deal with SLAPPs".
"This must include, but is not limited to, a clear definition of SLAPP, rules on the confidentiality of investigations and reports, including sources of information, and rules that give victims the opportunity to be fired," Rejnders added.
Welken said non-legislative measures would also be introduced, "eg introducing much-needed and more robust SLAPP victim support funds or introducing effective one-stop help, information and practical advice and support as 'first aid' for SLAPP victims".
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