Punishment by Process: The Development of Anti-SLAPP legislation in the European Union

Strategic litigation against public participation (‘SLAPPs’) are abusive lawsuits that seek to suppress communications on matters of public interest. This article analyses the proposed Anti-SLAPP Directive which aims to protect human rights defenders and journalists throughout the European Union. The article analyses the diverging positions adopted by the Council and Parliament in June resp. July 2023, addressing concerns that the final Anti-SLAPP Directive’s scope will be limited to such an extent as to render it largely ineffective to protect civil society actors against abusive court proceedings.