Pesticide SLAPP in Südtirol / Alto Adige ends in victory for freedom of expression
On May 6th 2022, in a landmark win for advocacy efforts combating SLAPPs (Strategic Lawsuits Against Public Participation), anti-pesticide activist Karl Bär was acquitted of all charges in the SLAPP case against him.
The court acquitted Bär after each of the original 1,376 complainants withdrew their criminal charges following international public pressure in January 2022. Still, the accusation of trademark infringement related to the provocative change of the trademark “Suedtirol” into “Pestizidtirol” would have remained as a so-called “ex officio” offense even after the withdrawal of the charges. However, during the last day of the trial on May 6th 2022, the public prosecutor acknowledged that there was no commercial purpose in the alleged trademark infringement and requested that the charges for this alleged offense be changed to defamation, which led to the immediate acquittal of Bär and Umweltinstitut München.
The reason given by the judge was the inadmissibility of the proceedings. After more than two years of investigation and twenty months of proceedings, this brought an end to one of the most well-known abusive SLAPP lawsuits against an environmental organization in Europe. The environmentalists at Umweltinstitut München view this verdict as a significant victory for freedom of expression.
“South Tyrol does have a pesticide problem. The high use of chemicals in apple cultivation harms the environment and people’s health. The attempt of the regional government to suppress criticism of the use of pesticides through the weaponization of the justice system has failed. This verdict is groundbreaking for all in Europe who stand up for a healthy environment and nature,” comments Karl Bär, currently on leave of absence from Umweltinstitut München because of his election to the German national parliament, on his acquittal before the Bolzano Regional Court.
“In October 2020, the Council of Europe classified the lawsuits against my client in South Tyrol as a SLAPP and, thus, as an attack on freedom of expression. Today we have confirmation of this also in court,” says lawyer Nicola Canestrini, who represented Bär together with lawyer Francesca Cancellaro. “The ruling must be a reminder to all powerful individuals and companies to stop abusing the judiciary to intimidate critics with time-consuming and costly legal proceedings, confirming that public opinion can be the game changer in such cases.”
“No plaintiff, no judge: The withdrawal of all 1,376 charges has shown that public pressure is the best remedy against SLAPPs – as long as there is no legal protection against them,” explains Fabian Holzheid, political director of the Umweltinstitut München. “We sincerely thank everyone who supported us during this trial. Our work against dangerous pesticides continues – now outside the courtroom,” says Holzheid.
In 2017, Karl Bär, an employee of the Umweltinstitut München, was charged with defamation and trademark infringement. The charges were brought by the provincial minister for agriculture of the Autonomous Region of Bolzano Arnold Schuler, a nominee in the European SLAPP contest 2021 (category: SLAPP politician of the year), along with more than 1,370 farmers. They based their complaints on Bär’s criticism of the high use of pesticides in the region’s apple cultivation. After public protest throughout Europe, all of the complainants withdrew their charges against the environmentalist, who has since been elected to the German Bundestag. By changing the charges, the court ruled directly in Bär’s favor In Italy, a withdrawal of all charges in alleged defamation trials leads to an immediate acquittal. This is in contrast to trademark infringements, which are prosecuted as an “official offense” even after the charges have been withdrawn.
The judgment acquitting Bär came shortly after the EU Commission presented its anti-SLAPP initiative, the core of which is an ambitious EU Anti-SLAPP directive. The number of people and organizations affected by SLAPP lawsuits in the EU is steadily increasing, as a comprehensive report by CASE has shown.
PRESS CONTACTS
Veronika Feicht
Umweltinstitut München +49 89 307749-24
vf@umweltinstitut.org