35 Amendments of Jean-Paul GARRAUD related to 2021/2036(INI)
Amendment 22 #
Motion for a resolution
Citation 45 a (new)
Citation 45 a (new)
— having regard to Recommendation VIII of June 2015 of the Financial Action Task Force (FATF) on combating the abuse of non-profit organisations;
Amendment 23 #
Motion for a resolution
Citation 45 b (new)
Citation 45 b (new)
Amendment 32 #
Motion for a resolution
Recital A
Recital A
A. whereas independent journalism and, the safety of reporters, access to pluralistic information and freedom of expression are key pillars of democracy; whereas civil society is essential for any democracy to thrive;
Amendment 40 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. Whereas journalists, NGOs, civil society and media organisations are not above the law, nor should they be immune against legal action;
Amendment 42 #
Motion for a resolution
Recital A b (new)
Recital A b (new)
Amendment 45 #
Motion for a resolution
Recital A c (new)
Recital A c (new)
A c. Whereas NGOs and civil society organisations are exempt from most AMLD and DAC transparency and reporting requirements; whereas the European Court of Auditors’ Special Report No 35/2018 highlights that NGOs are prone to be used for money laundering purposes;
Amendment 50 #
Motion for a resolution
Recital B
Recital B
Amendment 56 #
Motion for a resolution
Recital B
Recital B
B. whereas Strategic Lawsuits Against Public Participation (SLAPPs) are lawsuits or other legal actions (e.g. injunctions, asset-freezing) based on civil and criminal law, as well as the threats of such actions, with the purpose of censor, intimidate, and silence critics by burdening them with high costs for legal defense until they abandon their criticism of opposition, thereby preventing reporting on alleged breaches of Union and national law, corruption or other fraudulent practices or of blocking or undermining public participation;
Amendment 73 #
Motion for a resolution
Recital C
Recital C
C. whereas SLAPPs have become an increasingly widespread practice used against journalists, academics, civil society and NGOs, 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 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 117 #
Motion for a resolution
Subheading 1
Subheading 1
Amendment 118 #
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Points out that SLAPPs are legal proceedings or actions based on civil and criminal law, as well as the threats of such actions, seeking to prevent reporting on breaches of Union and national law, corruption or other fraudulent practices or to block public participation;
Amendment 122 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Highlights that SLAPPs are a direct attack on the exercise of fundamental rights and freedoms; underlines that fundamental rights and democracy are linked to upholding the rule of law, and that undermining media freedom and public democratic participation threatens Union values as enshrined in Article 2 of the TEU; welcomes the fact that the rule of law report includes SLAPP lawsuits in its assessment of media freedom and pluralism across the Union, and points to best practices in countering them; calls for the annual report to include a thorough assessment of the legal environment for the media, and investigative journalism in particular;
Amendment 135 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Stresses that NGOs, civil society organisations, journalists and media organisations are not public prosecutors or judges, and that any allegation made by such organisations should be verified before an independent court of law, including examination by the plaintiff;
Amendment 140 #
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Recognizes that NGOs, civil society organisations, journalists and media organisations could both be the defendant and the plaintiff in SLAPPs, given the fact that many such organisations are multi-billion euro multinationals;
Amendment 147 #
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 alleged breaches of Union law, corruption and other practices threatening the proper functioning of the internal market are made known to the public, and can play an important role in legal proceedings;
Amendment 176 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. HighlightBelieves that ian recent years online hate speech has become increasingly widespread against journalists, NGOs, academics and civil society, including those defending LGBTQI rights, thoverly broad and imprecise definition of 'hate speech' could be ineffective and lead to the disproportionate and arbitrary use thereatening media freedom,of, undermining freedom of expression, media freedom and public safety given that online hate speech can incite real-world violenceand compromising the original intentions;
Amendment 181 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Highlights that in recent years online hate speech has become increasingly widespread against journalists, NGOs, academics and civil society, including those defending LGBTQI rights and those reporting on criminal acts by migrants, thus threatening media freedom, freedom of expression and public safety given that online hate speech can incite real-world violence;
Amendment 187 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Points out that hate speech laws could be used as a legal basis to file SLAPPs against NGOs, civil society organisations and journalists for providing politically incorrect information to the public;
Amendment 199 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that SLAPPs are often without 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, academics, civil society and NGOs, with the ultimate objective of blackmailing and forcing them into silenceubmission to imposed narratives 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 205 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Points out that litigants that resort to SLAPPs use and abuse criminal defamation laws, civil lawsuits for libel, protection of one’s reputation or based on intellectual property rights such as copyright, but also that a variety of other instruments is used to silence public participation, such as labour sanctions (dismissal), or criminal charges of tax fraud, tax audit procedures and abuse of data protection rules;
Amendment 217 #
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, academics, civil society and NGOs and to ensure that fundamental rights are upheld in the Member State that all Member States should uphold fundamental rights;
Amendment 220 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses, with regard toBelieves that, in accordance with thise problem, that all Member States lack harmonised minimum standards toinciples of subsidiarity and proportionality, Member States are primarily responsible for addressing concerns regarding freedom of expression in the media and press, disinformation and propaganda and for protecting journalists, academics, civil society and NGOs and to ensure that fundamental rights are upheld in the Member Staterepresentatives and NGOs;
Amendment 232 #
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 237 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Regrets that no Member State has so far enacted targeted legislation to provide protection against SLAPPs; notes however that anti-SLAPP legislation is particularly well-developed in the states of the United States, in Australia and Canada; encourages the Commission to analyse anti-SLAPP best practices currently applied outside the EU which could provide valuable inspiration for Union legislative and non-legislative measures on the matter; underlines the importance of committing to the most ambitious legislation and best-practices currently in force which would discourage the use of SLAPPs in the Uniona potential Union measures on the matter, if a duly executed impact assessment would deem such an initiative fit; underlines the importance of enacting measures that are fit for purpose, and that fully respect the competences of Member States;
Amendment 239 #
Motion for a resolution
Subheading 7
Subheading 7
Amendment 240 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Encourages Member States to adopt clear and effective and clear legislation that ensures the transparency of media ownership and to pay particular attention to the funding, transparency and objectives of traditional media outlets;
Amendment 241 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Agrees with the numerous academics, legal practitioners and victims who point to the need for legislative action against the growing problem of SLAPPs; urgently calls, therefore, for the Brussels I and Rome II Regulations to be amendments in order to prevent ‘libel tourism’ or ‘forum shopping’; urgently calls for the introduction of a uniform choice of law rule for defamation, as well as for proposals for binding Union legislation on harmonised and effective safeguards for victims of SLAPPs across the Union, including through a directive; argues that without such legislative action, SLAPPs will continue to threaten the rule of law and the fundamental rights of freedom of expression, association and information in the Union; is concerned that if measures only address lawsuits regarding information, actSuggests that the lack of national measures regulating the use of SLAPPs can be taken on board in the assessment in the framework of the Commission´s based on other civil matters or criminal procedures may still be usedannual Rule of Law Report;
Amendment 242 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Agrees with the numerous academics, legal practitioners and victims who point to the need for legislative action against the growing problem of SLAPPs; urgently calls, therefore, for the Brussels I and Rome II Regulations to be amendments in order to prevent ‘libel tourism’ or ‘forum shopping’; urgently calls for the introduction of a uniform choice of law rule for defamation, as well as for proposals for binding Union legislation on harmonised and effective safeguards for victims of SLAPPs across the Union, including through a directive; argues that without such legislative action, SLAPPs will continue to threaten the rule of law and the fundamental rights of freedom of expression, association and information in the Union; is concerned that if measures only address lawsuits regarding information, actions based on other civil matters or criminal procedures may still be used;
Amendment 264 #
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 of 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 distortions; asserts that the latter measure could also address attempts to prevent investigation and reporting on breaches of Union law using the same legal base as Directive (EU) 2019/1937 (the ‘Whistleblower Directive’);
Amendment 270 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that it is essential to adopt a legislative measure protecting the role of journalists, academics, civil society and NGOs in preventing breaches of Union law and 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 280 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Points out that the definition of the rule of law implies that it is binding on those who enact it and that freedom of expression must therefore be protected at European institutional level also, meaning that Union bodies must not seek to muzzle those opposed to their policies and practices through legal proceedings or the threat of prosecution;
Amendment 317 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Underlines the urgent need for a robust fund for supporting victims of SLAPPs; stress the importance for victims and potential victims of SLAPPs to have easy and accessible information about these type of cases, legal aid and support;
Amendment 331 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Welcomes the Union Strategy to tackle Organised Crime 2021-2025, and calls for efforts to be stepped up efforts in this regard; notes that legislative and soft law measures cannot be effective in Member States where there are concerns about the independence of the judiciary, such as Germany20a, or the fight against corruption; _________________ 20aOJ EU of 3 June 2019, C 187, p. 52, cases C-272/19 and C-276/2020; CJEU judgment of 27 May 2019, OG and PI, joined cases C-508/18 and C-82/19 PPU, ECLI:EU:C:2019:456; Beschluss vom 18. Februar 2020 - 2 BvR 2082/19.
Amendment 337 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses that Union level measures to combat SLAPPs should be complementary and consistent with other available tools, such as the mechanism for the protection of democracy, the rule of law and fundamental rights, policies on combating corruption and current financial programmes to support civil society and justice systems;
Amendment 340 #
Motion for a resolution
Paragraph 23
Paragraph 23