The European Commission’s Proposed Model Law on Strategic Lawsuits against Public Participation (SLAPPs) – How Far Does It Go?

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 Galizia in 2017 sparked called from civil society activists and a group of European MEPs to call on the EU Commisssion to draft an anti-SLAPP directive. At the time of her assasination, she had 47 libel suits, including one in the United States, and she had recieved multiple threats from London-based law firms. A recent report by the Coalition Against SLAPPs in Europe (CASE) found that Malta had the highest rate of SLAPPs per capita, whilst it also noted that the number of SLAPP cases across Europe have been increasing year on year.

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