| Author (Corporate) | Council of the European Union, European Parliament |
|---|---|
| Series Title | Official Journal of the European Union |
| Series Details | (L) 2024/1069 |
| Publication Date | 16/04/2024 |
| Content Type | Blog & Commentary, Legislation, News, Policy-making |
Summary:Directive (EU) 2024/1069 - adopted by the co-legislators on 11 April 2024 - concerning the protection of persons who engage in public participation from manifestly unfounded claims or abusive court proceedings (strategic lawsuits against public participation - SLAPPs). Further information:Strategic lawsuits against public participation (also known as SLAPPs) are seen as a particularly harmful form of harassment and intimidation used against those involved in protecting the public interest. They are groundless or exaggerated court proceedings typically initiated by powerful individuals, lobby groups, corporations and state organs against parties who express criticism or communicate messages that are uncomfortable to the claimants, on a matter of public interest. Their purpose is to censor, intimidate and silence critics by burdening them with the cost of a legal defence until they abandon their criticism or opposition. he ultimate goal is to achieve a chilling effect, silence the defendants and deter them from pursuing their work. Many SLAPPs occur in domestic context and do not have cross-border implications. However, SLAPPs often have a cross‑border nature and where cross-border implications exist, they add an extra layer of complexity and costs, with even more adverse consequences for defendants. The fact that online media content is accessible across jurisdictions may open the way for forum shopping and hamper effective access to justice and judicial cooperation. Defendants may face multiple court proceedings at the same time and in different jurisdictions. This Directive provides safeguards against manifestly unfounded claims or abusive court proceedings in civil matters with cross-border implications brought against natural and legal persons on account of their engagement in public participation. By developing a common understanding of what constitutes a SLAP and by introducing procedural safeguards, the Act seeks to provide courts with effective means to deal with SLAPPs and targets with the means to defend themselves. It applies in cases with cross-border implications. The draft law was adopted by the European Commission on 27 April 2022 as one of the actions under the European Democracy Action Plan, and alongside a related and complementing Commission Recommendation. The Council of the European Union adopted its general approach to the text on 9 June 2023. The plenary of the European Parliament endorsed a negotiating position on 11 July. An informal agreement between the co-legislators on a compromise text for this file was reached on 29 November. This was formally endorsed by Parliament on 27 February 2024 and by the Council on 19 March. The Act was signed by the co-legislators on 11 April 2024 and published in the Official Journal on 16 April 2024. |
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| Source Link | http://data.europa.eu/eli/dir/2024/1069/oj |
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| Subject Categories | Justice and Home Affairs, Law |
| Subject Tags | Audiovisual | Media Services, Democracy, Fundamental | Human Rights, Information Society, Justice Systems, Police | Judicial Cooperation |
| Keywords | Freedom of Press, Public Communication | Narratives |
| International Organisations | European Union [EU] |
