The major campaign group Campaign Against SLAPPs in Europe (CASE) – which includes the AEJ – has welcomed the Council of Europe’s Recommendation on SLAPPs saying it “could significantly limit the damage caused by SLAPPs”, if genuinely implemented.
On 5 April 2024, the Council of Europe committee of ministers adopted a major recommendation to counter the use of SLAPPs (strategic lawsuits against public participation), capping a two-year drafting and consultation process.
The CoE ministers said it was “alarmed by the chilling effect that SLAPPs have on freedom of expression and public participation” and urged CoE member states to devise comprehensive and effective strategies to counter SLAPPs.
CASE said the Recommendation establishes robust and authoritative standards that member states must meet in order to ensure compliance with their human rights obligations.
It said it “will prove crucial as European Union member states transpose the new anti-SLAPP directive into national law, and provide a roadmap for non-EU members of the Council of Europe (CoE) to introduce effective anti-SLAPP protections of their own”.
CASE includes a large number of media freedom and human rights organisations.
It noted that the recommendation should be understood as establishing minimum standards for anti-SLAPP protection and helps flesh out these standards and provide the detail needed for anti-SLAPP laws to provide meaningful protection.
It also noted “several ambiguities in the text – in particular in relation to the early dismissal mechanism – that could, if interpreted in a restrictive manner, hinder efforts to counter the use of SLAPPs. Member states should clarify and fortify these provisions to ensure the law is comprehensive, leaving no room for exploitable loopholes or circumvention.”
CoE adopts Recommendation to counter use of SLAPPs
Wording of CoE Recommendation
CASE says Recommendation is milestone in fight againts SLAPPs
International Press Institute on CoE Recommendation
Reporters Without Borders (RSF) on CoE Recommendation
