SLAPP lawsuits are an increasingly common tool for exhausting journalists: Solidarity and public support are key to defense.

The event was organized by the Center for Media Pluralism and Media Freedom of the European University Institute and the International Federation of Journalists, bringing together researchers, legal experts, and journalists who discussed trends in Europe, anti-SLAPP regulations, and the experiences of newsrooms facing the abuse of legal proceedings.

According to data from the Coalition Against SLAPP lawsuits in Europe, 167 new abusive lawsuits were added to their database in 2024, bringing the total number of documented SLAPP cases to 1,303. Participants warned that, despite the responses from the European Union and the Council of Europe, the number of such proceedings remains at an extremely high level.

Sofia Verza from the Center for Media Pluralism and Media Freedom pointed out that SLAPP lawsuits in Europe are still most commonly initiated based on national defamation laws, but there is also an increase in the use of other legal mechanisms, particularly under data protection regulations. According to her, in 20 EU countries, defamation is still not decriminalized, and the targets of the lawsuits are most often individual journalists investigating sensitive topics, such as corruption and environmental protection.

She specifically highlighted the limitations of the European anti-SLAPP directive, which applies only to cross-border civil proceedings, even though such cases constitute a small proportion of abusive lawsuits. "Only 8.5 percent of SLAPP cases in Europe have a cross-border nature, which is why it is crucial to focus on domestic abusive lawsuits," Verza emphasized.

Speaking about resistance strategies, Simon Benazo from the Free University of Brussels assessed that the fight against SLAPP lawsuits cannot be purely legal but must involve the public, civil society, and media self-regulatory bodies. He noted that journalists often feel shame when faced with a lawsuit or begin to question their own work, even though it is pressure and not a professional failure.

"Sometimes journalists feel ashamed because they are the targets of a SLAPP lawsuit and start to think that maybe something is wrong with their work," Benazo said, adding that awareness-raising campaigns should be initiated even before specific SLAPP cases arise.

Participants pointed out that in some countries, SLAPP lawsuits are part of a broader pressure on independent media. Silke Kelner from OBC Transeuropa assessed that Italy is an important example for understanding the connection between legal harassment of journalists and the actions of political actors who normalize a hostile attitude towards independent media. She stated that Italy, according to data from the CASE coalition, has had the highest recorded number of SLAPP cases in Europe for two consecutive years, while the MFRR has registered 112 legal incidents in that country since 2020.

Paulina Milevska from the European University Institute spoke about the experience of Poland, noting that during the period of democratic backsliding from 2015 to 2023, more than 300 SLAPP cases against journalists and media outlets were recorded. She particularly highlighted the abuse of the right of reply, which, she said, has proven to be the most commonly used means of pressure on independent media.

Regarding the experience in Germany, Joška Selinger from the Society for Civil Liberties (GFF) stated that one of the biggest problems is that SLAPP lawsuits in that country are often not recognized as a domestic issue. According to him, the dominant view among lawyers, judges, and part of the academic community is that SLAPP lawsuits either do not exist in Germany or are a problem of other countries.

Experiences of Journalists

A special part of the workshop was dedicated to the experiences of journalists who faced abusive lawsuits. Bojan Elek from KRIK assessed that the fight against SLAPP lawsuits in Serbia is particularly difficult because it takes place in an environment of captured institutions, where journalists cannot count on effective judicial proceedings and protection against the abuse of rights.

He noted that KRIK at one point in 2024 had 19 active SLAPP proceedings, while it currently has 13, and that powerful individuals connected with the regime exploit the peculiarities of the Serbian legal system to exhaust newsrooms with an almost unlimited number of lawsuits.

He added that in Serbia, SLAPP lawsuits fit into a broader pattern of pressure on independent journalists, which includes threats, intimidation, smear campaigns, attempts at phishing, and endangering digital security. "When the situation becomes really tough, solidarity is what keeps us going. You call colleagues, journalistic associations, and try to do something together," Elek emphasized.

Katherine Belton from The Washington Post spoke about her experience following the publication of her book "Putin's People," when she was simultaneously sued by four Russian billionaires and the Russian state company Rosneft. She noted that although the book underwent legal review before publication, the lawsuits were initiated with the aim of discrediting her work and discouraging investigations into powerful actors.

Sesilia Anesi from IrpiMedia pointed out that SLAPP proceedings represent a significant financial burden for independent media even when there is support from pro bono lawyers, as legal costs, taxes, travel, and time spent on proceedings can still last for years. She particularly warned about cases that are litigated in multiple jurisdictions, when one plaintiff simultaneously initiates proceedings in different states.

She added that international networks of independent media and organizations are important not only for legal and advocacy support but also for the exchange of experiences and the presence of independent observers in trials. "It is important for a neutral body to be present in the courtroom and monitor what is happening," Sesilia said.

In closing remarks, participants emphasized that SLAPP lawsuits should not be viewed merely as individual legal proceedings but as a systemic mechanism of pressure on the public interest, the right of citizens to be informed, and democratic oversight of powerful actors. It was noted that the response to such pressures must include legal protection, public advocacy, international cooperation, and solidarity among journalists, newsrooms, and journalistic organizations.

Source: NUNS, I.K.