17 Amendments of Ralf SEEKATZ related to 2021/2036(INI)
Amendment 79 #
Motion for a resolution
Recital C
Recital C
C. whereas SLAPPs have become an increasingly widespread practice used against journalists, publishers, academics, civil society and NGOs which engage in the protection of media freedom, as demonstrated by many cases throughout the Union, such as the chilling case of investigative journalist Daphne Caruana Galizia, who was reportedly facing 47 civil and criminal defamation lawsuits, (resulting in the freezing of her assets) on the day of her strongly condemned assassination on 16 October 2017, and the lawsuits her heirs continue to face; whereas other illustrative and alarming cases against independent journalists and media include Realtid Media, which was repeatedly threatened with a lawsuit in a different jurisdiction from where the reporting in question took place, and Gazeta Wyborcza, which continues to be sued by a number of public entities and officials on a regular basis;
Amendment 152 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises that public participation also has an important role to play in the proper functioning of the internal market, as it is often through public participation that breaches of Union law, corruption and other unlawful practices threatening the proper functioning of the internal market are made known to the public;
Amendment 163 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Points out that SLAPPs constitute a misuse of Member States’ justice systems and legal frameworks, especially for successfully addressing ongoing common challenges outlined in the Justice Scoreboard, such as caseload administration and case backlogs; recalls that a properly functioning justice system delivers judgements without undue delay, and manages judicial resources so as to maximise efficiency, and that this is only possible where judges and judicial bodies are not burdened with the handling of unfounded claims that are later on dismissed as abusive and lacking in legal merit;
Amendment 196 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that SLAPPs are often meritless, frivolous or based on exaggerated claims, and that they are not initiated for the purposes of obtaining a favourable judicial outcome but rather only to intimidate, harass, tire out, put psychological pressure on or consume the financial resources of journalists, publishers, academics, civil society and NGOs which engage in the protection of media freedom, with the ultimate objective of blackmailing and forcing them into silence through the judicial procedure itself; points out that this chilling effect can lead to self-censorship, suppressing participation in democratic life, and also discourages others from similar actions, from entering into these professions or from proceeding with relevant associated activities;
Amendment 223 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses, with regard to this problem, that all Member States lack harmonised minimum standards to protect journalists, publishers, academics, civil society and NGOs which engage in the protection of media freedom, and to ensure that fundamental rights are upheld in the Member States;
Amendment 259 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Affirms that legislative measures at Union level could be based on Article 81 of the TFEU (for cross-border civil lawsuits) and Article 82 of the TFEU (for threats ofcriminal lawsuits in cross-border cases), and separately on Article 114 of the TFEU to protect public participation in order to ensure the proper functioning of the internal market by exposing corruption and other distorunlawful actions; asserts that the latter measure could also address attemptsgenuine, present and sufficiently serious threats made in order to prevent investigation and reporting on breaches of Union law using the same legal base as Directive (EU) 2019/1937 (the ‘Whistleblower Directive’);
Amendment 273 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that it is essential to adopt a legislative measure protecting the role of journalists, publishers, academics, civil society and NGOs which engage in the protection of media freedom in preventing breaches of Union law and, thus also ensuring the proper functioning of the internal market; urges the Commission to present a proposal for legislation that sets out safeguards for persons investigating and reporting on these matters of public interest;
Amendment 292 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Urges the Commission to present a proposal for a measure that develops judicial cooperation in civil matters so as to address cross-border SLAPP cases by providing for rules on the dismissal of abusive lawsuits and other actions in court that have the clear purpose of preventing public participation, which should include sanctions, consideration of abusive motives even if the lawsuit or action is not dismissed, costs and damages; calls on the Commission, further, to address questions giving rise to forum shopping and libel tourism in a forthcoming review of the Brussels I and Rome II Regulations;
Amendment 302 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges the Commission to present a proposal for measures to ensure that defamation, libel and slander, which constitute criminal offences in most Member States, cannot be used for SLAPPs, including through private prosecution; underlines the calls of the Council of Europe and OSCE for the decriminalisation of defamation; invites the Commission to address the question of thegenuine, present and sufficiently seriousness of threats of SLAPPs in a legislative proposal; notes that defendants often face criminal charges while at the same time being sued for civil liability allegedly arising from the same conduct;
Amendment 307 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Declares that the protection of legitimate rights arising from Union law must be ensured by Member State courts and cannot be jeopardised, including the rights which are routinely cited in abusive lawsuits; defends at the same time and without prejudice to such protectionunderlines, therefore, that the anti-SLAPP measures should be without prejudice to legitimate court actions and claimants' right of access to justice; defends at the same time, that it is necessary to prevent any abusive use of those rights in a manner which is manifestly contrary to the legislators’ intention when conferring them upon natural or legal persons; considers that, to that end, safeguards are needed not only in order to protect the victims of SLAPPs, but also to prevent and sanction the abuse and/or misuse of those safeguards provided against SLAPPs; notes that preventing such abuse is equally necessary for the correct and uniform application of Union law, thereby safeguarding its effectiveness;
Amendment 323 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Considers that support for independent bodies that can hear complaints and provide assistance to potential victims of SLAPPs and adequate training of judges and lawyers can substantively contribute to building knowledge and capacity in how to detect and deal with SLAPPs and the threat of SLAPPs that are to be considered genuine, present and sufficiently serious;
Amendment 355 #
Motion for a resolution
Annex – point 1 – part II – indent 3
Annex – point 1 – part II – indent 3
Amendment 378 #
Motion for a resolution
Annex – point 2 – part I – point b
Annex – point 2 – part I – point b
(b) unlawful practices that threaten the proper functioning of the internal market.
Amendment 382 #
Motion for a resolution
Annex – point 2 – part II – point b
Annex – point 2 – part II – point b
(b) the prohibition of retaliation and effective penalties against SLAPP actions and against the abuse of the anti-SLAPP safeguards;
Amendment 400 #
(a) the obligation for the claimant in cases concerning public participation to specify and provide means of proofjustification of why the action is not abusive;
Amendment 405 #
(d) the possibility for third parties to intervene and subrogate to the defendant’s rights and obligations according to national procedural law;
Amendment 425 #
Motion for a resolution
Annex – point 4 – point b
Annex – point 4 – point b
(b) specify that private prosecution cannot be used to silence journalists, publishers, academics, civil society and NGOs;