FantasticSearch

(1) The Union has set itself the objective of maintaining and developing an area of freedom, security and justice in which the free movement of persons is ensured. To establish such an area, the Union is to adopt, among others, measures relating to judicial cooperation in civil matters having cross-border implications and which are needed for the elimination of obstacles to the proper functioning of civil proceedings. That objective should be pursued if necessary by promoting the compatibility of the rules on civil procedure that are applicable in the Member States.

(2) Article 2 of the Treaty on European Union (TEU) states that the Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities.

(3) Article 10(3) TEU states that every Union citizen has the right to participate in the democratic life of the Union. The Charter of Fundamental Rights of the European Union (the ‘Charter’) provides, inter alia, for the right to respect for private and family life, to the protection of personal data, to freedom of expression and information, which includes respect for the freedom and pluralism of the media, to freedom of assembly and of association and the right to an effective remedy and to a fair trial.

(4) The right to freedom of expression and information as established in Article 11 of the Charter includes the right to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. It is necessary to give to Article 11 of the Charter the meaning and scope of corresponding Article 10 of the European Convention on Human Rights (‘ECHR’) on the right to freedom of expression as interpreted by the European Court of Human Rights (‘ECtHR’).

(5) In its resolution of 11 November 2021 on strengthening democracy and media freedom and pluralism in the Union, the European Parliament called on the Commission to propose a package of both soft and hard law to address the increasing number of strategic lawsuits against public participation (‘SLAPPs’) concerning journalists, non-governmental organisations (NGOs), academics and civil society in the Union. The Parliament expressed the need for legislative measures in the areas of civil and criminal procedural law, such as an early dismissal mechanism for abusive civil lawsuits, the right to the full award of costs incurred by the defendant, and the right to compensation for damage. The resolution of 11 November 2021 also included a call for adequate training for judges and legal practitioners on SLAPPs, a specific fund to provide financial support for the victims of SLAPPs and a public register of court decisions on SLAPP cases. In addition, Parliament called for the revision of Regulation (EU) No 1215/2012 of the European Parliament and of the Council and of Regulation (EC) No 864/2007 of the European Parliament and of the Council in order to prevent ‘libel tourism’ or ‘forum shopping’.

(6) The purpose of this Directive is to eliminate obstacles to the proper functioning of civil proceedings, while providing protection for natural and legal persons who engage in public participation on matters of public interest, including journalists, publishers, media organisations, whistleblowers and human rights defenders, as well as civil society organisations, NGOs, trade unions, artists, researchers and academics, against court proceedings initiated against them to deter them from public participation.

(7) The right to freedom of expression is a fundamental right that is to be exercised with a sense of duty and responsibility, taking into account people’s fundamental right to obtain impartial information, as well as respect for the fundamental right to protect one’s reputation, protection of personal data and privacy. In cases of a conflict between those rights, all parties are to have access to courts with due respect for the fair trial principle. To that end, this Directive should leave the court or tribunal seised of the matter with the discretion to consider whether the application of the relevant safeguards is appropriate in a particular case. In exercising such discretion the court should not apply the relevant safeguards for example where the public participation is not in good faith such as in cases where, through the public participation, the defendant disseminated disinformation or fabricated allegations for the purpose of damaging the claimant’s reputation.

(8) Journalists play an important role in facilitating public debate and in the imparting and reception of information, opinions and ideas. They should be able to conduct their activities effectively and without fear in order to ensure that citizens have access to a plurality of views in European democracies. Independent, professional and responsible journalism, as well as access to pluralistic information, are key pillars of democracy. It is essential that journalists are afforded the necessary space to contribute to an open, free and fair debate and to counter disinformation, information manipulation and interference, in accordance with the ethics of journalism, and are afforded protection when acting in good faith.

(9) This Directive does not provide a definition of a journalist, since the aim is to protect any natural or legal person that engages in public participation. However, it should be underlined that journalism is carried out by a wide range of actors, including reporters, analysts, columnists and bloggers, as well as others who engage in forms of self-publication in print, on the internet or elsewhere.

(10) Investigative journalists and media organisations in particular play a key role in uncovering and combating organised crime, abuse of power, corruption, fundamental rights violations and extremism. Their work carries particularly high risks and they are experiencing a growing number of attacks, killings and threats, as well as intimidation and harassment. A robust system of safeguards and protection is required to enable investigative journalists to fulfil their crucial role as watchdogs on matters of public interest, without fear of punishment for searching for the truth and informing the public.

(11) Human rights defenders should be able to participate actively in public life and promote accountability without fear of intimidation. Human rights defenders include individuals, groups and organisations in civil society that promote and protect universally recognised human rights and fundamental freedoms. Human rights defenders are committed to promoting and safeguarding civil, political, economic, social, cultural, environmental, climate, women’s and LGBTIQ rights and to fighting against direct or indirect discrimination as set out in Article 21 of the Charter. Considering the Union’s environmental and climate policies, attention should also be given to environmental rights defenders as they play an important role in European democracies.

(12) Other important participants in public debate, such as academics, researchers or artists, also deserve adequate protection, since they may also be targeted by SLAPPs. In a democratic society, they should be able to teach, learn, research, perform and communicate without fear of reprisal. Academics and researchers contribute fundamentally to public discourse and dissemination of knowledge, ensure that democratic debate can take place on an informed basis and counter disinformation.

(13) A healthy and thriving democracy requires that people be able to participate actively in public debate without undue interference by public authority or other powerful actors, be they domestic or foreign. In order to ensure meaningful participation, people should be able to access reliable information which enables them to form their own opinions and exercise their own judgment in a public space in which different views can be expressed freely.

(14) To foster this environment, it is important to protect natural and legal persons from abusive court proceedings against public participation. Such court proceedings are not initiated for the purpose of access to justice, but to silence public debate and prevent investigation of and reporting on breaches of Union and national law, typically using harassment and intimidation.