News and developments
SLAPP: What’s new
Although still without a set deadline for implementation, the SLAPP directive, when it finally arrives will be of significant importance for Poland, as Poland is at the forefront of countries suffering from excessive numbers of frivolous lawsuits filed, according to a CASE foundation report. Work on the SLAPP Directive continues and it is difficult to predict when it will be finalised.
The directive, aimed at safeguarding free speech and civic engagement, seeks to counteract the misuse of legal proceedings to silence or intimidate individuals, organizations, and journalists who express critical opinions on matters of public interest. Of growing concern are the numbers of Strategic Lawsuits Against Public Participation – or ‘SLAPP’ lawsuits filed, often by those in positions of authority, aimed at stifling investigations into high status entities or individuals in the public interest. Journalists exposing high level corruption are often too mired in defending spurious claims to effectively follow through on their investigations into corruption at high levels, and as a result, perpetraitors often walk away without any consequences of their actions.
Although the deadline for the Directive to enter into national law is still three years away, there are positive signs that it will pass without significant problems. In May, the EU Council invited agreement on the text of the proposal and recommending a general approach is reached on the text.
Joint EU Council proposal
Article 3 of the draft Anti-SLAPP Directive provides protection for persons concerned with matters of public interest are protected according to Article 3 of the draft Anti-SLAPP directive, which cover matters of legitimate public interest such as fundamental rights, public health, safety, the environment, the climate or the actions of public figures.
Procedural safeguards will be introduced in cross border cases, where the defendant and the claimant are domiciled in different EU Member States. Article 5 of the Directive provides for the following common procedural safeguards:
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- security for procedural costs required from the claimant
- early dismissal of manifestly unfounded proceedings
- procedural costs awarded against the claimant
- the possibility for the court to impose dissuasive penalties or other appropriate measures on abusing parties