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74 civil society organizations have written to the European Commission, the rapporteur of the European Parliament, the Spanish Presidency of the Council of the EU and the Ministers of Justice of all EU Member States to reiterate their concerns regarding the trilogue process of the Anti-SLAPP Directive. CASE urges European institutions to negotiate the strictest possible anti-SLAPP directive that effectively protects public monitoring bodies.
The letter was sent on November 8, 2023.
The European Union is about to miss a crucial opportunity to demonstrate that it is on the side of those demanding accountability. The trilogue negotiations concerning the directive intended to combat strategic SLAPP suits against public participation (SLAPP) are nearing their end and the 74 undersigned organizations are sounding the alarm: in the absence of certain key provisions, the directive against -SLAPP will fail to counter the growing problem of SLAPP suits in the EU.
Above all, these provisions include a robust early dismissal mechanism for all SLAPP suits. While the directive does not ensure that all complaints against public participation are subject to a rigorous preliminary test from the start of the procedure, as is the case with the general orientation document of the Council of the European Union, the directive will be a meaningless instrument.
Second, if the definition of “cross-border” SLAPP cases were deleted, then the notion of cross-border cases would implicitly refer to cases in which the parties are domiciled in different Member States. This means that the directive will only be applicable in a handful of cases; thousands of actual and potential SLAPP targets will not be able to invoke any of the anti-SLAPP protections introduced by the Directive.
Finally, provisions relating to compensation for damages risk being left entirely to the discretion of Member States and courts, leading to unequal compensation mechanisms depending on the country. It would be shameful to leave out a minimum standard of compensation, given that full compensation for damages is essential in any anti-SLAPP legislation worthy of the name. We cannot ignore the restorative function for victims of SLAPP and its deterrent effect on powerful actors considering initiating similar abusive proceedings.
In recent years, member organizations of the Coalition Against Slaps in Europe (CASE) have brought solid, evidence-based expertise and in-depth knowledge to fuel debates on the law, and always in a constructive spirit, at the Commission. , in the European Parliament. Parliament and Member States. At this crucial point, it appears our input has been ignored.
We refuse to let this be a missed opportunity.
We will not support a watered-down directive that offers no meaningful protection to journalists, media, activists and civil society organizations in Europe, instead serving as a model for ambitious anti-SLAPP legislation across Europe and beyond.
As we enter the final stages of the trilogue discussions, we urge the Council and Parliament, with the support of the Commission, to make this legislation a solid instrument that serves its purpose and not a tick-box exercise.
Sign:
Access Info Europe
Aditus Foundation
Amnesty International
ARTICLE 19Europe
Association of European Journalists-Bulgaria
BIRN, Balkan Investigative Reporting Network
Plan for Freedom of Expression (B4FS)
Bruno Manser Fund (BMF)
Center for Environmental Democracy FLOROZON, North Macedonia
Center for European Volunteering (CEV)
Center for Peace Studies, Croatia
Civic initiatives, Serbia
Civil Liberties Union for Europe (Liberties)
Civil rights defenders
Citizen Monitoring Network Poland
Coalition for Women in Journalism (CFWIJ)
Italian Coalition for Freedom and Civilian Leaders (CILD)
Committee to Protect Journalists
Croatian Journalists Association
Estonian Human Rights Center (EHRC)
Eurocadres
European Anti-Poverty Network
European Center for Non-Profit Law (ECNL)
European Center for Press and Media Freedom (ECPMF)
European Civic Forum
European Environmental Bureau (EEB)
European Legal Assistance Center (ELSC)
European Federation of Journalists (EFJ)
European Trade Union Confederation (CES)
International food watch
Community Transformation Workshop Foundation – ACT (BiH)
FIBGAR
Unlimited free press
Civic Front (Portugal)
Global Forum for Media Development (GFMD)
Greenpeace European Unit
Helsinki Foundation for Human Rights (HFHR, Poland)
Center for Human Rights, Ghent University
Human Rights House Foundation (HRHF)
Hungarian Civil Liberties Union (HCLU)
IFEX
ILGA-Europe
Censorship Index
International Press Institute (IPI)
Association of Journalists of Serbia (UNS)
Justice Foundation for Journalists (JFJ)
Legal Human Academy (Denmark)
HOUSE OF WHISTLEBLOWERS
Mirovni inštitut (Peace Institute), Ljubljana
Netherlands Helsinki Committee
OBC Transeuropa (OBCT)
Open Knowledge Foundation Germany (OKF)
Organized Crime and Corruption Reporting Project (OCCRP)
PEN International
PEN Malta
Protect
Pichtaljka
Public eyes
Reporters Without Borders (RSF)
Republic (Malta)
Rettet den Regenwald, Germany
Sherpa
SOLIDARITY
SOS Malta
South East European Network for Media Professionalization (SEENPM)
South East European Media Organization (SEEMO)
The Daphné Caruana Galizia Foundation
Transparency International EU
Transparency International Finland
Transparency International Ireland
VolontEurope
International Whistleblowing Network
Wildes Bayern eV
Wikimedia Europe
Xnet, Institute for Democratic Digitization
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