https://www.the-case.eu/latest/how-slapps-increasingly-threaten-democrac...
Since 2019 CASE has worked with Amsterdam Law Clinics to catalogue and analyse SLAPP cases across Europe. In March 2022, the CASE published research findings based on the analysis of over 500 SLAPP cases identified in 29 European countries – the first such broad and thorough report examining the scale and impact of abusive litigation in Europe.
As CASE continues to map SLAPP cases on a rolling basis, the 2023 report provides the most recent overview of the data we collect. The updated analysis comprises 200+ abusive lawsuits filed after the first reporting period and a broader regional scope: this report reviews the situation in 35 countries, including Georgia and Greece that see a particularly alarming number of lawsuits identified as SLAPPs.
Key research findings
- Year after year, SLAPPs are increasingly a worrying threat to democracy across Europe – CASE’s database has increased from 570 cases in 2022 to over 820 cases in 2023.
- Most lawsuits are based on national defamation laws or similar provisions on insult or honour.
- The median value of damages claimed was €15,150.
- The most likely targets of a SLAPP are journalists, media outlets, editors, activists and NGOs.
- Abusive legal actions are most commonly launched against individuals, which shows how critical it is for a support network to be available.
- The most common SLAPP litigants are those in positions of power, namely, businesses and politicians.
- A notable number of SLAPP lawsuits were mapped in Malta, France, Croatia, Greece, the United Kingdom, Turkey, and Georgia.
- SLAPPs mostly target actions or publications on corruption, government, business and environmental issues.
We are a coalition of non-governmental organisations from across Europe united in recognition of the threat posed to public watchdogs by SLAPPs (Strategic Lawsuits Against Public Participation). Pursued by wealthy and powerful litigants, SLAPPs are an abuse of the legal system and a threat to democracy. They attempt to intimidate and silence public watchdogs through lengthy and expensive litigation that drains a target’s resources and chills critical voices. On behalf of journalists, activists, whistle blowers, rights defenders and other watchdogs targeted by these tactics, we work to expose legal harassment and intimidation, protect the rights of those who speak out, and advocate for comprehensive protective measures and reform. We work to expose the worst SLAPP offenders and their preferred techniques. By exposing SLAPP offenders to public scrutiny and criticism, we aim to deter the use of these abusive practices and fight back against a culture of legal harassment. We provide resources to public watchdogs on how to best protect themselves from being targeted by a SLAPP, and on what to do if they are. We connect SLAPP targets to those who can assist, drawing on a wide network of lawyers, NGOs and advocacy organisations to provide legal expertise, campaign assistance and emergency funding where circumstances permit. We urge policy makers to protect public watchdogs from SLAPP suits and advocate for stronger safeguards in law. CASE is currently funded by the Open Society Foundations (OSF). This is the first round of funding the coalition received. The grant is for a total of €258,242 ($300,000) that is used for advocacy work of the coalition. This includes funding for the coordination of the coalition, making technical assessments of the European Commission’s anti-SLAPP initiative, gathering intel from EU institutions on SLAPPs and organising the European anti-SLAPP conference, among other things. Here is how the fund was allocated to sub-grantees: In January 2023, CASE was awarded a further €40,000 by Fondation Charles Léopold Mayer (FPH) for legal work and advocacy on the EU Anti SLAPP Directive. The Steering Committee (SC) is responsible for securing the governance structures so as to ensure that the coalition’s work is coordinated, strategically aligned, and conducted in an inclusive and transparent manner. The SC includes: For more information, please contact CASE’s Steering Committee at: steeringcommittee@the-case.eu
COALITION AGAINST SLAPPS IN EUROPE
OUR APPROACH IS THREE-FOLD
Exposing SLAPPs and those who use them
Building resilience to SLAPPS
Advocating for law reform
HOW ARE WE FUNDED
HOW ARE WE GOVERNED
