This practice has existed for a long time, but until recently it remained confidential. The assassination of Maltese journalist Daphne Caruana Galizia in 2017 changed things. It was then discovered that she was the subject of about forty lawsuits, which were intended to suffocate her financially and prevent her from continuing her investigations into corruption in her country.
On Wednesday 27 April, the European Commission presented a proposal to combat these SLAPP procedures – or, as they are called in the Anglo-Saxon world, Strategic Lawsuits Against Public Participation (Slap). Launched most often for defamation, they have no other purpose, in fact, than to intimidate and silence journalists, whistleblowers and other activists. It doesn’t really matter what the outcome is, as long as they waste the time, energy and money of the people who are targeted.
“We worked on behalf of Daphne”, began the Vice-President of the Commission, Vera Jourova, who did not hide her difficulties in developing an effective mechanism. Brussels’ competences are limited on these subjects which affect freedom of expression and the legal systems of the Member States.
“It’s David versus Goliath”
In this context, the European executive can only aim to legislate on cross-border cases. This has the effect of reducing the scope of the future directive. The Coalition against Slapp in Europe, which brings together several NGOs, has identified, between 2010 and 2021, 570 cases of SLAPP procedures, of which only 10% were initiated in a country other than that where the journalist or activist is located. targeted.
“We have given a broad definition of the transnational nature of the case: if the subject is of general interest and concerns other countries than the one where the legal procedure is initiated, then the legislation of the Commission can apply”says a European civil servant, who cites the case of an activist from an NGO or a journalist who would be attacked for his work on climate change.
In this context, the Community executive would like judges to be able to very quickly reject abusive procedures launched by companies, businessmen or public authorities who have many more resources than the individual they attack.
“It’s David versus Goliath”, comments Vera Jourova. She cites the case of the British journalist Catherine Belton, author of the book Putin’s people (William Collins, 2020), which has been the subject of several legal attacks, in London and Australia, in particular by the oligarch Roman Abramovich.
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