SLAPPs, Daphne's law, and the future of journalism

Abstract

Media freedom has many dimensions. Whereas the EMFA deals directly with media oversight bodies and the likes, the proposed anti-SLAPP (strategic lawsuits against public participation) directive weighs into a more niche but crucially important topic: the silencing of journalists through bogus litigation. Such bogus litigation – or SLAPPs – does not intend to „win” cases but to slowly but steadily dry out journalists financially, emotionally, and socially. Currently, the Council of the European Union and the European Union Parliament are working on their proposals of the directive. While, the Council’s work seeks to lower the scope of protection offered by the proposed directive, the parliament wants to extend the level of protection. At this step, I argue, it is crucial that the Commission’s proposal will not be watered down and journalists are comprehensively protected from SLAPPs.