Tomasz Wroblewski: What are SLAPPs and how can they be defended against?

Freedom of expression and freedom of public debate are at the heart of modern democracies. The ability to provide information, express opinions and present views is crucial for the development of an informed civil society. These core values guide action to prevent strategic lawsuits against public participation (SLAPPs).

The use of legal and judicial institutions to harass and intimidate journalists, social activists, human rights defenders, whistleblowers and ordinary citizens engaging in public affairs has been increasing in recent years. The EESC therefore welcomes the Commission's initiative to provide adequate tools to defend against the instrumentalisation of justice, which limits the flow of information and the opportunity to present opinions and views.

The mechanisms proposed by the Commission are highly appropriate, but to comprehensively address the problem it is worth considering extending their list. As the envisaged directive is of a cross-border nature, there is a need for simultaneous action by individual countries to review existing legal measures and to implement national solutions that provide appropriate protection against SLAPPs also at that level.

At the same time, we must not forget the extremely important issue of appropriate education. Awareness of the threat posed by SLAPPs and the possibilities for defence offered by the directive and national legislation should be raised both among legal professionals and also participants in the public debate.

Tomasz Wróblewski is a member of the EESC