Daphne's Law to protect journalists from abusive lawsuits

Today, the Legal Affairs Committee will adopt measures to better protect journalists and civil society representatives against unfounded claims or abusive court proceedings. “This law stands for zero tolerance on silencing people speaking out on issues of public interest. We are facing an issue that is undeniably disruptive to the freedom of the media, expression and assembly, and thus to the essence of democracy. For us, this is also ‘Daphne’s Law’, in memory of the brave Maltese journalist who was murdered because of her investigations”, said Magdalena Adamowicz MEP who negotiated the law on behalf of the EPP Group against abuses of the legal systems through instituting strategic lawsuits against public participation (so-called SLAPPs).

The EPP Group managed to advocate firmly for a number of procedural safeguards and protections for SLAPP victims. “When media freedom and fundamental civil rights, such as the right to information and expression, are being unceremoniously attacked, the issue of countering SLAPPs is of vital importance to ensure a level playing field for democratic elections. Journalists and civil society representatives are the democratic backbone of the EU. They must be able to do their job free of fear and legal oppression. It is high time that the EU adopts binding measures to counteract the threat that SLAPPs pose”, Adamowicz stated.

The draft law sets minimum standards for protection of those engaged in public participation and provides strong safeguards against manifestly unfounded and abusive court proceedings, including through the possibility for Member States to impose penalties on those who abuse the judicial system to their own advantage. Furthermore, the EPP Group successfully managed to introduce a broad understanding of matters with cross-border implications in order to ensure higher effectiveness of the Directive, as well as targeted trainings for judges and lawyers to identify abusive cases as soon as possible. The high costs of such proceedings, which are often used as a weapon to intimidate journalists, must then be paid by the claimant. “Europe must stand with the truth-seekers and our values must be protected by our laws", Adamowicz concluded.

Today’s vote in the Legal Affairs Committee will pave the way for inter-institutional negotiations.