41 Amendments of Fabienne KELLER related to 2021/2036(INI)
Amendment 27 #
Motion for a resolution
Recital A
Recital A
A. whereas independent journalism and access to pluralistic information are key pillars of democracy; whereas a vibrant civil society operating in an enabling legal and political environment allowing it to play its fundamental role in monitoring the situation of the rule of law and fundamental rights, corruption and promoting good governance, accountability and transparency is essential for any democracy to thrive;
Amendment 57 #
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 preventing acts of public participation including investigating and reporting on breaches of Union and national law, corruption or other fraudulent practices or of blocking public participationengaging in advocacy or activism through the exercise of legally guaranteed civil liberties;
Amendment 63 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas SLAPPs claims arise from the public participation of the defendant, on matters of public interest, which lack legal merits, are manifestly unfounded, and are characterised by the abuse of rights or of process by the plaintiff, exerting excessive claims in matters in which the defendant is exercising a legally protected right, therefore using the judicial process for purposes other than genuinely asserting, vindicating or exercising a right;
Amendment 78 #
Motion for a resolution
Recital C
Recital C
C. whereas SLAPPs have become an increasingly widespread practice used against journalists, academics, civil society and NGOsctors, NGOs and other actors engaging in public participation, 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, or the Slovenian investigative news outlet Necenzurirano recently hit by 39 lawsuits, amongst others;
Amendment 89 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas SLAPPs are increasingly being used across the EU to target NGOs, civil society activists and rights defenders, including environmental activists, LGBTQI and women's rights defenders
Amendment 107 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas non-cross-border SLAPP cases are increasingly more used within the Member States, by both private companies and public entities, aiming to limit free speech and the right to information, producing a chilling effect against journalists, academics, civil society and NGO representatives, relying on psychologically and financially draining their targets in order to force them to abandon exposing matters of public interest;
Amendment 120 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Highlights that SLAPPs intend to censor, intimidate, and silence critics such as media outlets journalists, NGOs, activists and other actors engaging in public participation, by burdening them with the cost and time of a legal defense until they abandon their criticism or opposition, therefore SLAPPs are a direct attack on the exercise of fundamental rights and freedoms, particularly the freedom of expression; 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; is of the opinion that SLAPPs are particularly concerning if they are funded directly or indirectly from state budgets and are combined with other indirect and direct state measures against independent media outlets, independent journalism and civil society including unlawful state aid to government friendly outlets, financing disinformation and GONGOs; 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; as well as a comprehensive analysis of the regulatory and political environment in which civil society organisations operate;
Amendment 123 #
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, including freedom of expression, of information, of assembly and of association, 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; calls on the Commission to also issue country-specific recommendations within the framework of the annual rule of law report for future years, including for issues concerning the situation of media freedom within the Member States;
Amendment 153 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Highlights that the use of SLAPPs has a negative impact on the enjoyment of internal market freedoms by individuals and organisations engaging in public participation and vulnerable to such claims, such as journalists or civil society activists, as the absence of the same level of protection against these claims, within the jurisdictions of certain Member States, discourages them to operate confidently all across the Union;
Amendment 160 #
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 claims that are later on dismissed as abusive and lacking in legal merit; stresses therefore that SLAPPs constitute an severe hampering of the effective access to justice;
Amendment 182 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Highlights that in recent years online hate speech has become increasingly widespread against journalists, NGOs, rights defenders, academics and other civil society actors, including those defending LGBTQI or women's rights, thus threatening media freedom, freedom of expression and public safety given that online hate speech can incite real-world violence;
Amendment 190 #
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, academics, civil society and NGOs, with the ultimate objective of blackmailing and forcing them into silence through the judicial procedure itself; stresses that SLAPPs cause not only a financial burden but also bear dire psychological consequences for their targets as well as their family members, aggravated by the fact that the latter may also inherit those abusive proceedings upon the target’s death, as it happened to the husband and sons of Daphne Caruana Galizia; 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 200 #
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 those targeted, such as journalists, academics, civil society and NGOs, 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 212 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Underlines that an imbalance of power between the claimant and the defendant in terms of financial resources is a common feature of SLAPPs; highlights that unpredictably large damages' award claims in matters such as libel, are capable of producing a strong chilling effect against their targets and therefore the admissibility of laying such claims should require highly careful scrutiny and very strong justifications;
Amendment 219 #
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, academiclegislation on and harmonization of minimum standards to sufficiently protect SLAPP targets such as journalists, academics, rights defenders, activists, civil society actors and NGOs and to ensure that fundamental rights are upheld in the Member States;
Amendment 247 #
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 Ia and Rome II Regulations to be amendmentsed in order to prevent ‘libel tourism’ or ‘forum shopping’; urgently calls for the introduction of a uniform and predictable choice of law rule for defamation, as well as for proposals for binding Union legislation on establishing minimum standards, harmonised and effective safeguards for victims of SLAPPs across the Union, including through a directive or a regulation; argues that without such legislative action, SLAPPs will continue to threaten the rule of law and the fundamental rights tof freedom of expression, association and information in the Union; is concerned that if measures only address lawsuits regarding infordefamation, actions based on other civil matters or criminal procedures may still be used;
Amendment 260 #
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 asa similar approach to the one that led to the adoption of Directive (EU) 2019/1937 (the ‘Whistleblower Directive’);
Amendment 267 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that it is essential to adopt a legislative measure protecting the role of actors engaging in public participation, such as 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 or exposing these matters of public interest; highlights that such a proposal shall include rules on the early dismissal of abusive lawsuits, alongside deterrent measures aiming to disincentivise claims intended to suppress public participation such as civil penalties or administrative fines, including cost- shifting sanctions; underlines that these measures should apply to both cross- border and non-cross border cases of SLAPPs;
Amendment 291 #
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 early dismissal of abusive lawsuits and other actions in court that have the purpose of preventing public participation, which should include dissuasive cost-shifting 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 Ia and Rome II Regulations;
Amendment 318 #
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, including psychological support for victims and their family members;
Amendment 336 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Recalls the importance of Regulation (EU, Euratom) 2020/2092 on a general regime of conditionality for the protection of the Union budget, which has applied to all commitment and payment appropriations since 1 January 2021; calls on the Commission to make use of existing legal provisions within the Regulation and implement a regime of conditionality immediately, once conditions are met in any Member State;
Amendment 348 #
Motion for a resolution
Annex – point 1 – part II – indent 1a (new)
Annex – point 1 – part II – indent 1a (new)
support for the creation of dedicated national networks of specialised lawyers, legal practitioners and psychologists, easily available for victims of SLAPPs and their families;
Amendment 348 #
Motion for a resolution
Annex – point 1 – part II – indent 1a (new)
Annex – point 1 – part II – indent 1a (new)
support for the creation of dedicated national networks of specialised lawyers, legal practitioners and psychologists, easily available for victims of SLAPPs and their families;
Amendment 350 #
Motion for a resolution
Annex – point 1 – part II – indent 3
Annex – point 1 – part II – indent 3
the creation of a specific Union fund to provide financial support to victims of SLAPPs and their family members, including in terms of financial aid, legal assistance and psychological support;
Amendment 350 #
Motion for a resolution
Annex – point 1 – part II – indent 3
Annex – point 1 – part II – indent 3
the creation of a specific Union fund to provide financial support to victims of SLAPPs and their family members, including in terms of financial aid, legal assistance and psychological support;
Amendment 357 #
Motion for a resolution
Annex – point 1 – part II – indent 4
Annex – point 1 – part II – indent 4
support for independent bodies (such as ombudspersons) able to deal with complaints from persons threatened or faced with SLAPP suits, and to provide assistance to them, and support for media self-regulatory bodies dealing with ethical complaints by the public and promoting the importance of ethics and professional journalistic practices;
Amendment 357 #
Motion for a resolution
Annex – point 1 – part II – indent 4
Annex – point 1 – part II – indent 4
support for independent bodies (such as ombudspersons) able to deal with complaints from persons threatened or faced with SLAPP suits, and to provide assistance to them, and support for media self-regulatory bodies dealing with ethical complaints by the public and promoting the importance of ethics and professional journalistic practices;
Amendment 362 #
Motion for a resolution
Annex – point 1 – part II – indent 6
Annex – point 1 – part II – indent 6
a ‘one-stop-shop’/support hub which victims of SLAPPs can contact and where they can receive guidance and easy access to information on and support against SLAPPs, including regarding ‘first aid’, legal aid, financial and psychological support, including through peer exchange networks;
Amendment 362 #
Motion for a resolution
Annex – point 1 – part II – indent 6
Annex – point 1 – part II – indent 6
a ‘one-stop-shop’/support hub which victims of SLAPPs can contact and where they can receive guidance and easy access to information on and support against SLAPPs, including regarding ‘first aid’, legal aid, financial and psychological support, including through peer exchange networks;
Amendment 369 #
Motion for a resolution
Annex – point 2 – part I – introductory part
Annex – point 2 – part I – introductory part
A legislative proposal for a general protection measure would have the dual aim of protecting persons investigating or report, reporting, or exposing matters of public interest concerning:
Amendment 369 #
Motion for a resolution
Annex – point 2 – part I – introductory part
Annex – point 2 – part I – introductory part
A legislative proposal for a general protection measure would have the dual aim of protecting persons investigating or report, reporting, or exposing matters of public interest concerning:
Amendment 372 #
Motion for a resolution
Annex – point 2 – part I – point a
Annex – point 2 – part I – point a
(a) possible breaches of Union law;
Amendment 372 #
Motion for a resolution
Annex – point 2 – part I – point a
Annex – point 2 – part I – point a
(a) possible breaches of Union law;
Amendment 395 #
A proposal for a civil procedure measure applicable in both cross-border and non- cross-border cases should include:
Amendment 397 #
A proposal for a civil procedure measure applicable in both cross-border and non- cross-border cases should include:
Amendment 400 #
(b) the obligation for courts to summarily dismiss abusive lawsuits; at a very early stage;
Amendment 402 #
(b) the obligation for courts to summarily dismiss abusive lawsuits at a very early stage;
Amendment 409 #
Motion for a resolution
Annex – point 3 – part II – point a
Annex – point 3 – part II – point a
(a) a bespoke rule concerning claims arising from public participation, distinguishing jurisdiction in such cases from ordinary torts, whereby the habitual residence of the defendant as the sole forum;
Amendment 410 #
Motion for a resolution
Annex – point 3 – part II – point a
Annex – point 3 – part II – point a
(a) a bespoke rule concerning claims arising from public participation, distinguishing jurisdiction in such cases from ordinary torts, whereby the habitual residence of the defendant as the sole forum;
Amendment 416 #
Motion for a resolution
Annex – point 3 – part II – point b
Annex – point 3 – part II – point b
(b) that the applicable law is the law of the place where the investigation or reporting took placeto which a publication is directed and, supplementary, the place of editorial control.
Amendment 418 #
Motion for a resolution
Annex – point 3 – part II – point b
Annex – point 3 – part II – point b
(b) that the applicable law is the law of the place where the investigation or reporting took placeto which a publication is directed and, supplementary, the place of editorial control.