Strategic Lawsuits Against Public Participation (SLAPPs) are legal actions used by powerful entities—such as corporations, politicians, or lobby groups— against non governmental persons, organizations, journalists or citizens to suppress public debate. These lawsuits often exploit financial or political imbalances, creating a chilling effect on free expression. While not always present, such power asymmetry amplifies the harm on defendants, especially when claims lack legal merit.
To address the issue of SLAPPs, EU Directive 2024/1069 came into force on May 1, 2024, establishing safeguards for individuals and organizations targeted by abusive court proceedings.
This Directive applies to civil cases with cross-border implications, protecting those engaged in public participation from manifestly unfounded claims. It covers civil and commercial matters, including civil proceedings, interim measures, injunctions, and counterclaims, regardless of the court’s level of jurisdiction.
However, the Directive does not apply to purely domestic cases where both parties reside in the same EU member state and all related elements are confined within that state.
According to the Directive, the safeguards for defendants facing SLAPPs include:
- Security for costs: Courts can require claimants to provide financial security to cover legal expenses.
- Early dismissal of unfounded claims: Defendants can request the dismissal of manifestly baseless lawsuits at an early stage.
- Remedies against abusive litigation: Courts may impose sanctions on abusive claimants, such as ordering them to cover all legal costs, pay compensation, or publish the court’s decision.
EU member states must incorporate Directive 2024/1069 into their national legal systems by May 7, 2026. Implementing the Directive in Greece may require amendments to procedural rules and other relevant legislation to ensure comprehensive protection against SLAPPs. Clear provisions addressing abusive lawsuits with cross-border impact and expanding legal safeguards for public participation may be necessary. Such legal reforms are complex and time-consuming, requiring careful alignment with both legal and procedural standards.
Implementing the Directive marks a solid step in combating SLAPPs, as the Directive provides a basic framework for protecting individuals and organizations engaged in public participation from strategic legal intimidation.
However, while this is a noticeable measure, it is not sufficient to address purely domestic SLAPP cases. The Directive applies only to cross-border disputes, meaning that SLAPPs occurring within a single country remain unaddressed. Given that most SLAPP cases in several member states—including Greece—are purely domestic, failing to adopt additional safeguards could leave many defendants with weaker protections compared to those involved in cross-border cases.
To effectively deter SLAPPs, member states – including Greece – should also implement the non-binding recommendations outlined by the EU, which complement the Directive. This is particularly important in countries where defamation laws are frequently misused to silence public debate and to restrict the right of freedom of expression.
Edited by Michales Kamposos