THE NEED FOR A COUNCIL OF EUROPE RECOMMENDATION ON SLAPPs
TAKE ACTION TO SUPPORT THIS INITIATIVE!
As democracy and the rule of law come increasingly under pressure across Europe, our call is meant to inspire the Council of Europe to urgently publish a self-standing Recommendation to protect public watchdogs, which help hold the powerful to account and keep the democratic debate alive, from legal intimidation and SLAPPs.
If you share our cause, show your support by endorsing this initiative!
UPDATE: the Council of Europe has now launched measures to address SLAPPs, including establishing an Expert Group tasked with drafting a Recommendation on SLAPPs by the end of 2023. See here for our statement on these measures
There is a growing body of evidence of a rise in SLAPPs in Europe – including from the Council of Europe’s safety of journalists platform – but no specific recommendation has been issued by the Council of Europe (CoE) on the issue. Our statement on the need for a Council of Europe anti-SLAPP recommendation calls on the CoE to issue guidance on the measures needed to tackle SLAPPs in Europe.
What is the Council of Europe?
The Council of Europe is an international organisation that was set up in 1949 to promote human rights, democracy, and the rule of law in Europe. It is entirely distinct from the European Union (EU). The CoE’s most famous body is the European Court of Human Rights, which enforces the European Convention on Human Rights (ECHR). The CoE can issue non-binding recommendations on issues relating to human rights to guide member states in the application of the ECHR. Given the expertise of the CoE, these recommendations are considered highly authoritative and can help shape legislation on both a regional and national level.
Why is a Council of Europe recommendation needed?
For one thing, all fully recognised European states (except Belarus, Kazakhstan and the Vatican) are members of the Council of Europe, and so the reach of the recommendation would go far beyond the 27 member states covered by any EU legal reform. More broadly, a CoE recommendation can provide detailed guidance to European member states as to what human rights standards require from any anti-SLAPP law. This would both galvanise national legislatures to act on SLAPPs and ensure the content of any anti-SLAPP law provides full protection to SLAPP victims. This is, of course, particularly relevant in the context of the EU – where the European Commission has promised to present an “initiative” to tackle SLAPPs by the end of the year, without providing details of its form or content.
Why is the Council of Europe an appropriate body to act on SLAPPs?
The CoE has already spoken out against SLAPPs in the context of issues such as defamation and freedom of expression on the internet. The European Court of Human Rights (ECtHR) has also dealt with the issue in a number of cases: e.g. holding that unreasonably high compensation claims in defamation cases have a chilling effect on freedom of expression. However, apart from the indirect legal standards provided by the ECtHR and brief references in existing policy documents and calls by its Commissioner for Human Rights, the Council of Europe lacks a coherent set of guidelines on how national law and practice should prevent SLAPPs. Last year, the Council of Europe Commissioner for Human Rights called on member states to take action against SLAPPs.
What exactly is CASE asking for from a CoE recommendation?
CASE is asking the CoE to issue a self-standing recommendation on how to protect the right to freedom of expression and other acts of public participation from the threat of SLAPPs. Such a recommendation should provide clear guidance to member states on:
● Ensuring national procedural law provides a mechanism enabling SLAPP-type suits that are filed to be dismissed at an early stage, before they become a major drain on the defendant’s resources.
● Making available full financial and legal support to defendants.
● Preventing the use of forum shopping in conjunction with SLAPPs.
● Putting in place a system of sanctions for those who bring SLAPPs.
Details of the problem of SLAPPs in Europe, the existing Council of Europe standards as well as our recommendation for a self-standing CoE Recommendation against SLAPPs can be found here.
Who supports our call to the Council of Europe?
The following 106 groups have signed onto our statement asking the CoE to act on SLAPPs:
AJK (The Association of Journalists in Kosovo) • Alternatif Bilişim, Turkey (Alternative Informatics Association) • ARA (Arbeitsgemeinschaft Regenwald und Artenschutz, Germany) • Amis de la Terre France / Friends of the Earth France (Les Amis de la Terre France) • Apache • Arena for Journalism in Europe • ARTICLE 19 • Articolo 21 • Articolo 21 Campania • Association Justice and Environment, z.s. • Association Media-Guard, Republic of Moldov • Bangladesh NGOs Network for Radio & Communication • BankTrack • Blueprint for Free Speech • Bruno Manser Fonds, Basel, Switzerland • Centre for Law and Democracy • COMMIT – Community Medien Institut für Weiterbildung, Forschung und Beratung • Civil Liberties Union for Europe • Civil Society Europe • ClientEarth • Committee to Protect Journalists • Community Media Forum Europe (CMFE) • Czech Center for Investigative Journalism • Denkhausbremen e.V., Germany • Digital Rights Ireland • English PEN • Environmental Paper Network • Environmental Investigation Agency, UK • European Association of Lawyers for Democracy and World Human Rights • European Centre for Press and Media Freedom • European Environmental Bureau • European Federation of Journalists • Festival “Imbavagliati” • FIAN Belgium • Forum Ökologie & Papier, Germany • Forum trentino per la pace e i diritti umani • FNSI, Federazione Nazionale Stampa Italiana • Foundation Libera Informazione • Free Press Unlimited • Friends of the Earth Europe • Friends of the Earth Netherlands / Milieudefensie • Fundacja Reporterów (Poland) • Global Forum for Media Development (GFMD) • GRAIN • Greenpeace International • Guardian News and Media Limited (as publishers of the Guardian, the Observer and theguardian.com) • Helsinki Foundation for Human Rights, Warsaw, Poland • Hermes Center for Transparency and Digital Human Rights • Homo Digitalis • Human Rights Centre, Ghent University • Human Rights House Foundation (HRHF) • In Difesa Di • IFEX • ILGA-Europe (European Region of the International Lesbian, Gay, Bisexual, Trans & Intersex Association) • Index on Censorship • International Consortium of Investigative Journalists (ICIJ) • International Federation of Human Rights (FIDH), in the framework of the Observatory for the Protection of Human Rights Defenders • International Media Support (IMS) • International Partnership for Human Rights (IPHR) • International Press Institute • International Service for Human Rights (ISHR) • Investigative Journalists NGO, Armenia • Journalismfund.eu • Justice for Journalists Foundation • Kif Kif vzw • KRIK • Lawyers for Lawyers • Legal Human Academy • Liga voor mensenrechten • Ligue des droits humains • Iuridicum Remedium, z.s. • Mighty Earth • Netherlands Helsinki Committee • Network for Affirmation of NGO Sector (MANS), Montenegro • Network of Concerned Historians • Neuer Weg, Romania • NGO Shipbreaking Platform • OBC Transeuropa • Organized Crime and Corruption Reporting Project (OCCRP) • Ossigeno per l’Informazione (Ossigeno.info • PEN International • Progress Lawyers Network • Protect • Protection International • Radio B138, Community Radio Station Austria • Radio Helsinki 92.6 – Freies Radio Graz • Rainforest Action Network • Rainforest Rescue (Rettet den Regenwald e.V.), Germany • ReAct – Réseau pour l’Action Transnationale, France • Reporters Without Borders • RISE Moldova • Rory Peck Trust • Salva la Selva, Spain • SAR Europe • Sherpa • Society for Threatened Peoples • Spotlight on Corruption • Studio Monitor • Terra Cypria – The Cyprus Conservation Foundation • Towarzystwo Dziennikarskie (Society of Journalists) Warsaw • The Barys Zvozskau Belarusian Human Rights House • The Daphne Caruana Galizia Foundation • Umweltinstitut München • Verband Freier Rundfunk Österreich (Association of Austrian Community Broadcasters) • World Organisation Against Torture (OMCT), in the framework of the Observatory for the Protection of Human Rights Defenders • Whistleblowing International Network (WIN) • Xnet Spain