SAR Europe joins 103 civil society organisations calling on the Council of Europe to act urgently on the growing threat of Strategic Lawsuits Against Public Participation (SLAPPs).

SLAPPs are abusive lawsuits filed by powerful individuals and companies as a means of silencing critical expression (e.g. journalism, peaceful protest or whistleblowing). They typically use long and costly legal procedures, or the threat thereof, to intimidate and harass critics into silence.

As the statement below explains, the problem of SLAPP suits is growing in Europe. The EU has promised action, but the scope of its effort remains unclear, and SLAPPs are a problem across the continent. The Council of Europe is well-equipped to take action, by issuing a recommendation to its member states with clear guidance on measures needed in national law and practice to discourage SLAPPs.

This statement was originally published on the website of the Coalition Against Slapps in Europe (CASE).

Statement on The Need for a Council of Europe Recommendation on Combatting SLAPPs

The undersigned groups, representing a range of different public watchdogs (including journalists, activists, NGOs, lawyers, trade unions, workers’ representatives, scholars and whistleblowers), call on the Council of Europe (CoE) to act on the growing threat of Strategic Lawsuits Against Public Participation (SLAPPs).

SLAPPs are abusive lawsuits filed by powerful individuals and companies as a means of silencing critical expression (e.g. journalism, peaceful protest or whistleblowing). They typically use long and costly legal procedures, or the threat thereof, to intimidate and harass critics into silence.

A growing body of evidence – including from ECPMF, Greenpeace EU, and Index on Censorship – shows a rise in the use of SLAPPs across the continent, and highlights the devastating impact such abusive tactics can have on public watchdogs.

The EU has recognised the problem and is exploring steps to address it. At present, however, no dedicated European human rights standards exist to guide the EU in enacting anti-SLAPP measures. SLAPPs are also a major problem in many European states that are not EU members.

The CoE has already spoken out against SLAPPs in the context of issues such as defamation. However, its statements consist of brief references in existing policy documents that do not add up to a coherent set of guidelines on how national law and practice should prevent SLAPPs.

The European Court of Human Rights (ECtHR) has dealt with the issue indirectly on a number of occasions. These cases point to a requirement under the European Convention on Human Rights for governments to deter SLAPPs and support those targeted, as part of States’ duty to enable free speech and create a favourable environment for participation in public debate by all.

Despite the growth in SLAPPs, no specific anti-SLAPP laws exist in Europe, and safeguards against procedural abuse are often limited. It falls to the CoE to address this gap and guide its members to ensure the full and consistent application of the principles advanced by the ECtHR.

Urgent action is needed. Given the scale and nature of the problem, we are asking the CoE to act at the earliest possible opportunity.

In particular, a self-standing recommendation should be issued with clear guidance on measures needed to discourage SLAPPs and dismiss them at an early stage, to sanction those who use SLAPPs or threaten to do so, and to provide financial and legal support to those targeted by SLAPPs. It should also give guidance on how to prevent the use of forum shopping, whereby cases are brought in jurisdictions that maximise the cost and inconvenience for the defendant.

This recommendation would be of huge importance in positively influencing laws and policies across CoE member states, as well as shaping EU anti-SLAPP legislation. The case for a CoE recommendation is set out in more detail in the CASE SLAPP long MEMO .

SIGNED BY

ARTICLE 19

Arena for Journalism in Europe

Articolo 21

Articolo 21 Campania

Centre for Law and Democracy

Civil Liberties Union for Europe

Civil Society Europe

Committee to Protect Journalists

European Centre for Press and Media Freedom

European Federation of Journalists

Environmental Paper Network

Festival “Imbavagliati”

FNSI, Federazione Nazionale Stampa Italiana

Foundation Libera Informazione

Greenpeace International

Homo Digitalis

Human Rights Centre, Ghent University

Human Rights House Foundation (HRHF)

Index on Censorship

International Partnership for Human Rights (IPHR)

International Press Institute

International Service for Human Rights (ISHR)

Legal Human Academy

Network of Concerned Historians

Progress Lawyers Network

Journalismfund.eu

Kif Kif vzw

KRIK

Liga voor mensenrechten

Ligue des droits humains

NGO Shipbreaking Platform

Digital Rights Ireland

Xnet Spain

OBC Transeuropa

Reporters Without Borders

Global Forum for Media Development (GFMD)

Blueprint for Free Speech

International Federation of Human Rights (FIDH), in the framework of the Observatory for the Protection of

Human Rights Defenders

Association Justice and Environment, z.s.

Free Press Unlimited

Protection International

The Daphne Caruana Galizia Foundation

European Association of Lawyers for Democracy and World Human Rights

BankTrack

Apache

European Federation of Journalists (EFJ)

ClientEarth

Ossigeno per l’Informazione (Ossigeno.info)

Community Media Forum Europe (CMFE)

Guardian News and Media Limited (as publishers of the Guardian, the Observer and theguardian.com)

COMMIT – Community Medien Institut für Weiterbildung, Forschung und Beratung

Bangladesh NGOs Network for Radio & Communication

World Organisation Against Torture (OMCT), in the framework of the Observatory for the Protection of Human

Rights Defenders

Forum trentino per la pace e i diritti umani

Radio Helsinki 92.6 – Freies Radio Graz

Verband Freier Rundfunk Österreich (Association of Austrian Community Broadcasters)

Organized Crime and Corruption Reporting Project (OCCRP)

Radio B138, Community Radio Station Austria

Alternatif Bilişim, Turkey (Alternative Informatics Association)

Lawyers for Lawyers

SAR Europe

Iuridicum Remedium, z.s.

Netherlands Helsinki Committee

ILGA-Europe (European Region of the International Lesbian, Gay, Bisexual, Trans & Intersex Association)

Mighty Earth

Friends of the Earth Europe

International Consortium of Investigative Journalists (ICIJ)

Hermes Center for Transparency and Digital Human Rights

Amis de la Terre France / Friends of the Earth France

International Media Support (IMS)

Czech center for investigative journalism

Fundacja Reporterów (Poland)

Network for Affirmation of NGO Sector (MANS), Montenegro

Association Media-Guard, Republic of Moldova

RISE Moldova

Investigative Journalists NGO, Armenia

Studio Monitor

Towarzystwo Dziennikarskie (Society of Journalists) Warsaw

PEN International

Whistleblowing International Network (WIN)

Justice for Journalists Foundation

Spotlight on Corruption

Rory Peck Trust

Sherpa

In Difesa Di

English PEN

Helsinki Foundation for Human Rights, Warsaw, Poland

IFEX

The Barys Zvozskau Belarusian Human Rights House

Blueprint for Free Speech

AJK – The Association of Journalists of Kosovo

Umweltinstitut München

Rainforest Rescue (Rettet den Regenwald e.V.), Germany

Rainforest Action Network

Environmental Investigation Agency, UK

Society for Threatened Peoples

Neuer Weg, Romania

Bruno Manser Fonds, Basel, Switzerland

GRAIN

Friends of the Earth Netherlands / Milieudefensie

Denkhausbremen e.V., Germany

Forum Ökologie & Papier, Germany

Salva la Selva, Spain

ARA – Arbeitsgemeinschaft Regenwald und Artenschutz, Germany

ReAct – Réseau pour l’Action Transnationale, France

European Environmental Bureau