24 April 2024
The Ball is in the Game
In 2017 strategic lawsuits against public participation (SLAPPs) became an important topic on the EU level. As a result, the EU adopted the anti-SLAPP Directive, which shall protect journalists from abusive lawsuits that do not serve justice but only the sinister aim of silencing free press. However, there is important litigation as well. In 2024 the Real Madrid Club de Fútbol vs Le Monde case addressed the problem of exorbitant damages targeting press and introducing a deterrent effect on freedom of speech in transnational cases. From a rule of law and, especially, freedom of the press angle, the case is of paramount importance as it forwards a simple but groundbreaking argument: two of EU law’s most fundamental principles, mutual recognition and freedom of speech, are a strong basis to fight SLAPPs. Continue reading >>
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15 June 2023
SLAPPs, Daphne’s Law, and the Future of Journalism
Media freedom has many dimensions. Whereas the EMFA deals directly with media oversight bodies and the likes, the proposed anti-SLAPP (strategic lawsuits against public participation) directive weighs into a more niche but crucially important topic: the silencing of journalists through bogus litigation. Such bogus litigation - or SLAPPS - does not intend to „win” cases but to slowly but steadily dry out journalists financially, emotionally, and socially. Currently, the Council of the European Union and the European Union Parliament are working on their proposals of the directive. It is crucial that the Commission’s proposal will not be watered down. Continue reading >>
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