The Council of Europe must combat abusive lawsuits targeting critical expression
Joint statement - 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 attached memorandum.
SIGNED BY
- AJK - The Association of Journalists of Kosovo
- Alternatif Bilişim, Turkey (Alternative Informatics Association)
- Amis de la Terre France / Friends of the Earth France
- Apache
- ARA - Arbeitsgemeinschaft Regenwald und Artenschutz, Germany
- Arena for Journalism in Europe
- ARTICLE 19
- Articolo 21 + Articolo 21 Campania
- Association Justice and Environment, z.s.
- Association Media-Guard, Republic of Moldova
- Bangladesh NGOs Network for Radio & Communication
- BankTrack
- Barys Zvozskau Belarusian Human Rights House
- Blueprint for Free Speech
- Bruno Manser Fonds, Basel, Switzerland
- Centre for Law and Democracy
- Civil Liberties Union for Europe
- Civil Society Europe
- ClientEarth
- COMMIT - Community Medien Institut für Weiterbildung, Forschung und Beratung
- Committee to Protect Journalists
- Community Media Forum Europe (CMFE)
- Czech center for investigative journalism
- Daphne Caruana Galizia Foundation
- Denkhausbremen e.V., Germany
- Digital Rights Ireland
- English PEN
- Environmental Investigation Agency, UK
- Environmental Paper Network
- European Association of Lawyers for Democracy and World Human Rights
- European Centre for Press and Media Freedom
- European Environmental Bureau
- European Federation of Journalists
- European Federation of Journalists (EFJ)
- Festival “Imbavagliati”
- FNSI, Federazione Nazionale Stampa Italiana
- Forum Ökologie & Papier, Germany
- Forum trentino per la pace e i diritti umani
- Foundation Libera Informazione
- Free Press Unlimited
- Friends of the Earth Europe
- Friends of the Earth Netherlands / Milieudefensie
- Fundacja Reporterów (Poland)
- Global Forum for Media Development (GFMD)
- GRAIN
- Greenpeace International
- Guardian News and Media Limited (as publishers of the Guardian, the Observer and theguardian.com)
- Helsinki Foundation for Human Rights, Warsaw, Poland
- Hermes Center for Transparency and Digital Human Rights
- Homo Digitalis
- Human Rights Centre, Ghent University
- Human Rights House Foundation (HRHF)
- IFEX
- ILGA-Europe (European Region of the International Lesbian, Gay, Bisexual, Trans & Intersex Association)
- In Difesa Di
- Index on Censorship
- International Consortium of Investigative Journalists (ICIJ)
- International Federation of Human Rights (FIDH), in the framework of the Observatory for the Protection of Human Rights Defenders
- International Media Support (IMS)
- International Partnership for Human Rights (IPHR)
- International Press Institute
- International Service for Human Rights (ISHR)
- Investigative Journalists NGO, Armenia
- Iuridicum Remedium, z.s.
- Journalismfund.eu
- Justice for Journalists Foundation
- Kif Kif vzw
- KRIK
- Lawyers for Lawyers
- Legal Human Academy
- Liga voor mensenrechten
- Ligue des droits humains
- Mighty Earth
- Netherlands Helsinki Committee
- Network for Affirmation of NGO Sector (MANS), Montenegro
- Network of Concerned Historians
- Neuer Weg, Romania
- NGO Shipbreaking Platform
- OBC Transeuropa
- Organized Crime and Corruption Reporting Project (OCCRP)
- Ossigeno per l’Informazione (Ossigeno.info)
- PEN International
- Progress Lawyers Network
- Protection International
- Radio B138, Community Radio Station Austria
- Radio Helsinki 92.6 - Freies Radio Graz
- Rainforest Action Network
- Rainforest Rescue (Rettet den Regenwald e.V.), Germany
- ReAct - Réseau pour l'Action Transnationale, France
- Reporters Without Borders
- RISE Moldova
- Rory Peck Trust
- Salva la Selva, Spain
- SAR Europe
- Sherpa
- Society for Threatened Peoples
- Spotlight on Corruption
- Studio Monitor
- Towarzystwo Dziennikarskie (Society of Journalists) Warsaw
- Umweltinstitut München
- Verband Freier Rundfunk Österreich (Association of Austrian Community Broadcasters)
- Whistleblowing International Network (WIN)
- World Organisation Against Torture (OMCT), in the framework of the Observatory for the Protection of Human Rights Defenders
- Xnet Spain