Background and general objectives
Courts are designed to right wrongs—to achieve justice. But courts can be abused. Vexatious litigation has been around for as long as courts have, but the 2000s have seen an epidemic of a new kind of legal harassment, “strategic litigation against public participation” (SLAPP) suits, commonly directed at journalists (or their media organisations) or rights-defending activists (or their NGOs). Plaintiffs have no reasonable path to victory, but victory isn’t the point; scaring the defendant into silence via costly litigation, bankrupting pesky opponents of exploitative companies or corrupt government agencies, and pre-emptively chilling would-be future exposure of wrongdoing are SLAPPs’
There is no right more fundamental than the right to Freedom of Expression under Article 10 of the European Convention on Human Rights
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers…
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.
The right to freedom of expression is also reiterated in Article 19 of the International Covenant on Civil and Political Rights:
1. Everyone shall have the right to hold opinions without interference.
2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.
Article 10 of the Convention also contains positive obligations of the States that are signatories to the Convention “to create a favourable environment for participation in public debate by all the persons concerned, enabling them to express their opinions and ideas without fear” (ECtHR 29 January 2015, Uzeyir Jafarov v. Azerbaijan).
This provides an onus on the part of member countries to required to establish an effective mechanism for the protection of authors and journalists in order to create a favourable environment for participation and to ensure that legislation is not used to intimidate media professionals and journalists.
In the light of this, the project seeks to upskill the lawyers defending media and journalists against companies and governmental figures suing to shut down legitimate criticism. PATFox will identify and train in “defence against SLAPPs” techniques to the 10-20 lawyers in each partner country most likely to find themselves facing SLAPP suits. The partners are NGOs active in Bulgaria, Slovakia, Croatia, Hungary, Romania, Cyprus, Poland, Slovenia and Malta.
§ Develop and deploy SLAPP defence curriculum
§ Monitor and evaluate in-country SLAPP workshops
The project partners will develop and continuously refine a SLAPP defence training curriculum, including optional seminars, and also gather feedback from workshop participants.
§ Conduct in-country SLAPP-defence workshop(s) for 10-20 domestic lawyers
Each project partner will develop a country-specific part of the SLAPP defence curriculum, identity and train lawyers in each of 11 countries, and share materials within the network.
Attention all Law & Media Students: Do you want to know what a SLAPP is? What is the draft Directive everyone is talking about? How will it effect Maltese law and lawyers? Join us on the 17th November 2023 at the University of Malta.
Earlier in 2023, the Chamber of Advocates and aditus Foundation delivered an information session on the growing phenomenon of litigation aimed at stifling public participation, more commonly called SLAPPs. Since that date, the European Parliament has approved a first draft of the Anti-SLAPP Directive (Directive 2022/0117), which was subsequently referred to the European Council – which in turn appears to favour a watered-down version of the proposed directive. The final text of the Directive is not yet approved, and will depend read more
Event Outline: Earlier in 2023, the Chamber of Advocates and aditus foundation delivered an information session on the growing phenomenon of litigation aimed at stifling public participation, more commonly called SLAPPs. Since that date, the European Parliament has approved a first draft of the Anti-SLAPP Directive (Directive 2022/0117), which was subsequently referred to the European Council – which in turn appears to favour a watered-down version of the proposed directive. The final text of the Directive is not yet approved, read more
On 28 February 2023, the PATFox’s consortium organised a conference Anti-SLAPP Legal training: Experiences from the PATFox Project, at the premises of the European Parliament. The project Pioneering anti-SLAPP Training for Freedom of Expression (PATFox), co- funded by the European Commission, is pioneering the Europe’s first anti-SLAPP training, upskilling the lawyers representing journalists and human rights defenders against those litigating to shut down legitimate criticism in 11 EU member states (Spain, Germany, Malta, Bulgaria, Hungary, Croatia, Romania, Slovakia, Cyprus, Poland read more
This week aditus foundation, together with the Chamber of Advocates, held a training for lawyers to defend victims of Strategic litigation against public participation (SLAPPs). This three-hour workshop, a first of its kind in Malta, used both local and European practitioners and academics to examine existing local and European legislation that can be used by practising lawyers to defends journalists and media organisations, NGOs and activists when threatened or faced with a SLAPP.
In January 2023, aditus foundation together with the Chamber of Advocates Malta, will be offering training to lawyers defending journalists and media organisations, NGOs and activists, against companies and governmental figures using lawfare to shut down legitimate criticism. The training is being carried out within the ambit of the Pioneering anti-SLAPP Training for Freedom of Expression (PATFox) project is co-funded by the European Commission-DG Justice.
Strategic Lawsuits against Public Participation (SLAPPs) are commonly identified as abusive lawsuits that are used as a particular form of harassment used primarily against journalists and human rights defenders. SLAPPs can be manifestly unfounded claims, or they could also present other forms of abuse, where the claim is not unfounded but there is an exaggerated use of legal procedures or other aspects of the legal system to harass and deter the person being litigated against. The assasination of Daphne Caruana read more
EC funded project Pioneering Anti-SLAPP Training for Freedom of Expression (PATFox) to provide training to legal professionals from autumn 2022 PATFox will design Europe’s first Anti-SLAPP curriculum for training across member states. Materials will be made freely available to all on project website antislapp.eu Project showcase at digital rights conference RightsCon on Tuesday 7 June 12.30 CEST Strategic Lawsuits against public participation (SLAPPs) are a growing threat to freedom of expression across the European Union, designed to scare journalists and human rights defenders into read more
We are extremely excited to start working on a transnational project which has been approved for funding by the EU Justice Programme. This project will focus on increasing the capacity of professionals that would be likely to face or defend against strategic litigation against public participation (SLAPP) suits. SLAPPs are designed to scare defendants into silence, pre-emptively chilling future exposure of wrongdoing. PATFox will pioneer Europe’s first anti-SLAPP training, upskilling the lawyers representing journalists and human rights defenders against those litigating to read more