EU Approves 'Daphne's Law' to Protect Journalists
In a significant decision aimed at bolstering press freedom and protecting journalists' rights, the European Parliament has given its final approval for the European Anti-SLAPP Directive. This landmark legislative measure, informally referred to as Daphne's Law in honor of the late journalist Daphne Caruana Galizia, is designed to combat Strategic Lawsuits Against Public Participation (SLAPPs) within the European Union.
SLAPPs are vexatious lawsuits intended to intimidate and silence journalists and media organizations by burdening them with exorbitant legal costs and protracted litigation. The approval of the Anti-SLAPP Directive represents a crucial step towards safeguarding journalists' safety and working environments across the EU.
While the directive primarily addresses SLAPP cases that cross national borders, it also includes provisions to address purely domestic cases. MEP David Casa, a key advocate for the directive, emphasized the importance of ensuring that EU member states transpose the directive into national law and extend its provisions to domestic cases.
Casa highlighted the initial challenge of finding a legal basis empowering the EU to legislate the directive, noting that the Commission issued a recommendation alongside the directive to clarify that its provisions should apply to purely domestic cases as well.
The need for such legislation was underscored by a report from the Coalition Against SLAPPs in Europe, which found that Malta had the highest rate of SLAPP cases per capita among the 47 countries analyzed. This finding was largely attributed to the Maltese government's numerous court challenges against freedom of information requests filed by media outlet The Shift, leading to Malta being dubbed "SLAPP Country of the Year" by CASE.
In addition to targeting SLAPPs within the EU, the directive also addresses non-enforcement of such suits originating from non-EU countries, such as the US and UK, which are often chosen for their high legal fees.
The approval of the European Anti-SLAPP Directive marks a significant victory for press freedom and represents a crucial step towards fostering a safe and conducive environment for journalists to carry out their work without fear of harassment or intimidation. As Europe continues to uphold its commitment to democratic values and human rights, the implementation of Daphne's Law will serve as a beacon of protection for journalists across the continent.
