Council of Europe urges member states to counter abusive litigation aimed at silencing journalists and other watchdogs

Alarming the chilling effect that abusive litigation has on freedom of expression and public participation, the Committee of Ministers issued the following recommendations to its 46 member states: Countering the use of strategic litigation against public participation (SLAPP), often used against journalists and media The same goes for other public watchdogs.Calling on Member States Devise a comprehensive and effective strategy to combat SLAPPsthreatened or initiated to harass or intimidate a target with the aim of preventing, inhibiting, restricting or punishing freedom of expression regarding matters of public interest and the exercise of rights related to public participation; It is understood as the legal action being pursued.

The Recommendation broadly interprets public participation and the public interest, extending it to everyone’s democratic right to participate in public debate and public affairs, both online and offline. It is therefore not limited to journalists and other media workers, but includes all public observers and contributors to public debate, such as civil society organizations and activists, human rights defenders, and academics. The recommendations include a set of guidelines intended to be applied in civil litigation, administrative and criminal law contexts, and legal intimidation tactics. This covers all stages of litigation, including the threat of initial litigation, which can have a chilling effect on freedom of expression and public participation.

In addition, we cover all types of slaps, including domestic and cross-border litigation, multiple collective litigation, and litigation with anonymous public participation. To assist in identifying SLAPPs, this advisory addresses abuses of power imbalances, partial or complete frivolity of the claimant’s claims, disproportionate, excessive or unreasonable requests for relief, and delay tactics. be involved in things. This Recommendation provides recommendations to combat SLAPPs with particular regard to structural and procedural safeguards, including allowing for early dismissal of SLAPPS, remedies, transparency, support for targets and victims, and the development of education. Encourage countries to further strengthen existing legal and policy frameworks. Training and awareness programs.

This recommendation was adopted at a meeting held in Vaduz on 5 April within the framework of the Liechtenstein Presidency of the Committee of Ministers of the Council of Europe.