04 September 2024
From Zero to Hero
Poland, once a country with one of the highest numbers of Strategic Lawsuits Against Public Participation (SLAPPs), might now be an example of how to deal with them. With third sector actors experienced in helping SLAPP victims and a willing Minister of Justice, Poland may have found the recipe for success. With Poland set to take over the EU Presidency, the effective implementation of the Anti-SLAPP Dircetive could transform the country into a model of progress after years of shamefully using abusive proceedings to suppress freedom of expression among government critics. Continue reading >>
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02 August 2024
Recht für rechts
SLAPP – dieses Kürzel steht für strategic lawsuits against public participation und befasst sich mit einem Phänomen, das sich steigender Beliebtheit erfreut: Klagen, die in erster Linie erhoben werden, um unliebsame Kritik zu unterdrücken. Insbesondere bei rechten Akteuren sind SLAPPs zuletzt immer beliebter geworden. Anfang des Jahres hat die EU eine Richtlinie gegen SLAPPs erlassen, die allerdings gerade gegen SLAPPs von rechts nicht viel ausrichten können wird. Continue reading >>16 June 2023
The GDPR’s Journalistic Exemption and its Side Effects
On 25 May 2023, we mark the fifth anniversary of the General Data Protection Regulation’s (GDPR) full application in the European Union (EU). While the Regulation is primarily known for its impact on business, it also fostered significant changes to data processing by media outlets, which are often overlooked in discussions about data protection. This blog post analyzes what is commonly called the ”journalistic exemption” under Article 85 of the GDPR that requires Member States to regulate the extent to which GDPR applies to journalists and others writing in the public interest. Further, this contribution reflects on how exactly that journalistic exemption is implemented across the Member States, and considers the problematic consequences of the GDPR’s uneven application to the media sector, including instrumentalization of GDPR in the strategic litigation (SLAPPs) against journalists. 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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20 January 2023
#DefendingTheDefenders – Episode 6: The European Union
In the sixth episode of our rule of law podcast #DefendingTheDefenders with Deutscher Anwaltverein, we talk about the European Union and the state of the professional freedom of attorneys there. We want to hear from attorneys professional organisations as well as from regulators, and have spoken to both sides. Continue reading >>
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05 May 2022