Protection of journalists and human rights defenders from manifestly unfounded or abusive court proceedings
11 submissions from 11 organizations told the European Commission what they think about this file. Here is what each of them said, in their own words.
The Commission lists 178 submissions on this file. Shown here: the 11 from organizations. Not shown, by design: submissions from private individuals, which we never publish, and anything filed since our last weekly refresh.
CommitteeJURIRapporteurTiemo Wölken (S&D)
Published in the Official Journal · 16 Apr 2024
Signed · 11 Apr 2024
Approval of the EP's first reading position by the Council (adoption of the legislative act) · 19 Mar 2024
Discussions within the Council or its preparatory bodies · 8 Mar 2024
Discussions within the Council or its preparatory bodies · 7 Mar 2024
Who showed up
1 submissions from industry — companies and their trade associations — against 9 from civil society: NGOs, consumer organizations, environmental groups and trade unions.
Industry 1Civil society 9Public authorities, academia, other 1
Groupings use the respondent type each organization selected when filing. Counting submissions, not organizations — a body that filed twice is counted twice.
The file, right now
The consultation closed on 29 Jun 2022 — it ran from 29 Apr 2022.
As an association representing (among other) publishers, news agencies and TV companies, we PERCEIVE the difficult situation of journalists in some of the EU member states. Therefore, we understand and support the objectives of the proposed directive against SLAPPs.
Filed in Czech · English published by the European Commission
Feedback from the PATFox consortium Pioneering Anti-SLAPP Training for Freedom of Expression (PATFox) is an EC-funded project that seeks to train the lawyers defending journalists and media organisations, NGOs and activists, historians and rights defenders against companies and governmental figures using lawfare to shut down legitimate criticism.
Justice and Environment (J&E) hereby provides in attachment its comments on the Commission´s proposal for a Directive of the European Parliament and the Council on protecting persons who engage in public participation from manifestly unfounded or abusive court proceedings (“Strategic lawsuits against public participation”) COM(2022)177 final (hereafter: the Draft Directive).
The Coalition Against SLAPPs in Europe (CASE) has developed an expert policy brief (attached) on the European Commission’s EU anti-SLAPP proposals. The brief highlights the EC initiative’s most ambitious solutions and advises on how to best build on the Commission’s proposals to work towards the strongest possible set of anti-SLAPP rules across the EU.
We would like to hand in this feedback on behalf of the Border Violence Monitoring Network (BVMN). The Border Violence Monitoring Network (BVMN, https://www.borderviolence.eu/) is a coalition of organisations working to document pushbacks, internal violence and other human rights violations along the EU’s external borders in the Western Balkans, Greece and Turkey since 2016.
As we are an active association in the social field, in the field of active citizenship, in the field of human rights and local democracy, this EU public consultation, which also involves third sector activists, is of direct interest to us. Our experience suggests a principle: Being alone, or isolated, is a huge disadvantage, as well as having territorial limitations.
Filed in Italian · English published by the European Commission
ENNHRI recommends the EU should: - include explicit reference to NHRIs as rights defenders in the legislative proposal, thereby ensuring consistency with EU policies, including the Charter Strategy and the Council Conclusions on application of the Charter; - cover legal harassment, such as SLAPPs, targeted at NHRIs, and put forward uniform safeguards in the legislative proposal regarding the personal and material…
>>Challenges: GISAD welcomes the European strategy against abusive litigation. The issue is a top priority for GISAD. The EU Commission have evidence that companies seeking to promote a civil liberties-friendly internet, are being severely hampered. Only then is it plausible that Europe has completely lost the B2C internet market to foreign gatekeepers.
Commission called for feedback to the a.m. initiative. We would like to elaborate more on a phenomenon which in the roadmap has been taken into account as follows: "SLAPPs can take many forms. The allegations most typically relate to defamation, but they may relate to breaches of other rules or rights (e.g. data protection)".
Our partners have faced lawsuits and threats of incarceration for their work in challenging the funding of disinformative and hateful websites and news platforms (UK), or for speaking against the funding of politically extremist organizations under the guise of COVID fundraising (USA and India).
In Spain, the practice of bringing legal proceedings against complainants of violations of EU law is widespread. Complaints are always made and always include violations of Human Rights. Fear is pursued among the population. The fear to denounce. And public scorn is made of everything that happens to whistleblowers when they denounce and dare to confront corruption.
Method. Every quote is verbatim from the organization’s own submission to the European Commission, trimmed to its opening passage and never summarized by a model. Where a submission was filed in another EU language we show the English text the European Commission publishes alongside it, labeled on the quote; the original is one click away at the source. Groupings use the respondent type the organization itself selected when filing. We deliberately do not label anyone “supportive” or “opposed” — you read what they wrote and draw your own conclusion. Organizations only, never individuals. Reused under Commission Decision 2011/833/EU; the European Commission is not liable for this reuse.