BCSDN welcomes the adoption of the Anti-SLAPP Directive – also known as Daphne’s Law – by the European Parliament during its first reading. The Directive sets a minimum standard for protecting media and public watchdogs from strategic lawsuits against public participation (SLAPPs) across the EU. The final text includes provisions on early dismissal of manifestly unfounded cases, a broad definition of what constitutes a ‘cross-border’ case and provides for compensatory damages for the defendant. EU member states must implement the directive by 2026.
On the path to adoption, the Directive had to navigate two key steps: the European Parliament and the European Council. This significant achievement reflects the collaborative advocacy efforts of CSOs operating across the EU, particularly within the Coalition Against SLAPPs in Europe (CASE), instrumental in exposing SLAPPs and their users, building resilience against SLAPPs, and advocating for law reform. The CASE Coalition welcomes the adoption of the Anti-SLAPP Directive, highlighting the responsibility now lies with Member States to build on the foundation set by the Anti-SLAPP Directive and draft effective national legislation.
The Anti-SLAPP Directive and Its Origin
The Anti-SLAPP Directive of the EU, commonly referred to as Daphne’s Law, represents a critical advancement in protecting individuals and organizations involved in public participation. Stemming from the tragic case of Maltese investigative journalist Daphne Caruana Galizia, who faced numerous defamation lawsuits before her untimely death, this directive aims to prevent similar abuses of the legal system in the future. By introducing procedural safeguards, providing support for defendants, implementing early dismissal mechanisms, and offering protection against foreign judgments, Daphne’s Law seeks to safeguard the rights of journalists, rights defenders, and CSOs.
BCSDN’s Work on the Anti-SLAPP Directive and Future Commitment
In response to the alarming prevalence of SLAPPs across the Western Balkans and Turkey, BCSDN has intensified its efforts to tackle this pressing issue. Recognizing the threat posed by these lawsuits to public participation, particularly their targeting of CSOs and activists, BCSDN has mobilized regional stakeholders and facilitated mutual learning and exchange. Additionally, the network has allocated financial resources to support initiatives aimed at preventing the proliferation of SLAPPs, and started the process of developing in-depth research on SLAPPs in the Western Balkans
BCSDN is committed to supporting the implementation of the Anti-SLAPP Directive and will continue collaborating with European NGOs to address SLAPPs effectively. Considering that this legislation impacts not only EU member states but also aspiring members such as the Western Balkans and Turkey, BCSDN views it as a crucial example for broader international efforts to combat SLAPPs.
Interested in learning more about our efforts on SLAPPs? Stay tuned as we have some exciting developments on the horizon. Be sure to keep up with our communication channels for the latest updates!
Want to learn more about SLAPPs and CSOs’ efforts to oppose this trend? Check out these links: