111 Amendments of Marie TOUSSAINT related to 2021/2036(INI)
Amendment 1 #
Motion for a resolution
Citation 2
Citation 2
— having regard to the Treaty on the Functioning of the European Union (TFEU) and in particular Articles 50, 56, 70, 81, 82, 114 and 352 thereof,
Amendment 2 #
Motion for a resolution
Citation 3
Citation 3
— having regard to the Charter of Fundamental Rights of the European Union, and in particular Articles 11, 12, 15, 47, 48 and 54 thereof,
Amendment 4 #
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
— having regard to Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law 2a, _________________ 2a OJ L 305, 26.11.2019, p. 17
Amendment 7 #
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
— having regard to its resolution of 13 February 2019 on experiencing backlash in women’s rights and gender equality in the EU 1a, _________________ 1a Texts adopted, P8_TA(2019)0111
Amendment 8 #
Motion for a resolution
Citation 23 a (new)
Citation 23 a (new)
— having regard to its resolution of 11 March 2021 on the declaration of the EU as an LGBTIQ Freedom Zone 1b, _________________ 1b Text adopted, P9_TA(2021)0089
Amendment 9 #
Motion for a resolution
Citation 23 b (new)
Citation 23 b (new)
— having regard to its resolution of 19 May 2021 on the effects of climate change on human rights and the role of environmental defenders on this matters 1c, _________________ 1c Text adopted: P9_TA(2021)0245
Amendment 10 #
Motion for a resolution
Citation 26 a (new)
Citation 26 a (new)
— having regard to LGBTIQ Equality Strategy (2020-2025) (COM(2020)698),
Amendment 11 #
Motion for a resolution
Citation 27
Citation 27
— having regard to the Commission communication of 30 September 2020 on the 2020 Rule of Law Report – the rule of law situation in the European Union (COM(2020)0580), and its 27 accompanying country chapters on the rule of law in the Member States(SWD(2020)0300-0326),
Amendment 12 #
Motion for a resolution
Citation 27 a (new)
Citation 27 a (new)
— having regard to the Commission communication ‘A Union of Equality: Gender Equality Strategy 2020-2025’,
Amendment 13 #
Motion for a resolution
Citation 27 b (new)
Citation 27 b (new)
— having regard to LGBTIQ Equality Strategy (2020-2025) (COM(2020)698),
Amendment 14 #
Motion for a resolution
Citation 27 c (new)
Citation 27 c (new)
— having regard to the study entitled “SLAPP in the EU context” of 29 May 2020 by Petra Bárd, Judit Bayer, Ngo Chun Luk and Lina Vosyliute 1d, _________________ 1d https://ec.europa.eu/info/sites/default/files /ad-hoc-literature-review-analysis-key- elements-slapp_en.pdf
Amendment 16 #
Motion for a resolution
Citation 32 a (new)
Citation 32 a (new)
— having regard to the info note of the UN Special Rapporteur on the rights to Freedom of Peaceful Assembly and of Association on SLAPPs and FoAA rights,
Amendment 18 #
Motion for a resolution
Citation 36 a (new)
Citation 36 a (new)
— having regard to the Council of Europe Commissioner for Human Rights ‘Human Rights Comment: Time to take action against SLAPPs’ issued on 27 October 2020,
Amendment 20 #
Motion for a resolution
Citation 36 b (new)
Citation 36 b (new)
Amendment 25 #
Motion for a resolution
Recital A
Recital A
A. whereas independent and quality journalism, ands well as access to pluralistic information are key pillars of democracy; whereas a vibrant civil society is essential for any democracy to thriveand the right to public participation are essential for any democracy to thrive; whereas human rights and environmental defenders have a crucial role to reach the environmental objectives set by the European Union; whereas no one shall be persecuted or harassed in any way for their involvement in activities to protect human rights or the environment; whereas independent journalism, civil society organizations, human rights and environmental defenders play a crucial role in holding power to account and performing their functions as watchdogs for democracy and the rule of law;
Amendment 30 #
Motion for a resolution
Recital A
Recital A
A. whereas independent journalism and access to pluralistic information are key pillars of democracy; whereas civil society is essential for any democracy to thrive and the shrinking of the space available for civil society work can negatively impact democracies;
Amendment 37 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. Whereas the shrinking space for civil society is an increasingly concerning issue in the Union, and disproportionately affects journalists, academics, NGOs, human rights and environmental defenders who are working on environmental issues, increasingly questioning their role as public watchdogs; whereas in recent years, environmental defenders have been subjected to ever increasing incidences of killings, threats, harassment, intimidation, smear campaigns, criminalisation and judicial harassment;
Amendment 41 #
Motion for a resolution
Recital A b (new)
Recital A b (new)
A b. whereas public participation lies at the heart of the very notion of democracy, and can express itself in a variety of behaviours of a natural or legal person directed at engaging on a matter of public interest; whereas public participation could include the exercise of public scrutiny and public information, such as journalistic communications, publications or works, including editorial content, communications, publications or works of a political, scientific, academic, artistic, commentary or satirical nature including when those concerned are, among others, figures open to public scrutiny, in the context of broader interests in open discussion of political issues; whereas public participation include actions and activities resulting from the exercise of the right to freedom of expression and of information, the right to freedom of association and peaceful assembly, the right to good administration and the right to an effective remedy;
Amendment 53 #
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 a variety of legal bases mostly of civil and criminal law, as well as the threats of such actions, with the purpose of preventing reporting on breaches of Union and national law, corruption or other fraudulent practices or of blocking acts of public participation, including investigating and reporting on breaches of Union and national law, corruption or other fraudulent practices, promoting democratic debate or engaging in advocacy or activism including through the exercise of civil liberties such as freedom of association, freedom of peaceful assembly and freedom of expression, of information and of assembly ;
Amendment 60 #
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 reporting on breaches of Union and national law, corruption or other fraudulent practices or of blocking public participation; and freedom of expression and of assembly
Amendment 62 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas targets of SLAPPs can be sued for expressing critical views on the behaviour, or denouncing wrongdoings, of corporates or authorities through publications, leaflets, artworks or other online or offline forms of expression, or in retaliation for their involvement in campaigns, judicial claims, actions or protests; whereas journalists, media outlets, bloggers, civil society organizations, NGOs, rights defenders, whistleblowers, campaigners, academics, demonstrators, activists and artists are bigger targets to SLAPPs; whereas this situation severely undermines democratic public participation;
Amendment 74 #
Motion for a resolution
Recital C
Recital C
C. whereas SLAPPs have become an increasingly widespread practice used against journalists, academics, civil society and NGOspublic watchdogs and other actors engaging in public participation, including journalists, academics, civil society organizations, NGOs and activists, human rights and environmental defenders and whistleblowers , 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, and the Slovenian investigative news outlet Necenzurirano recently hit by a barrage of 39 lawsuits;
Amendment 83 #
Motion for a resolution
Recital C
Recital C
C. whereas SLAPPs have become an increasingly widespread practice used against journalists, academics, civil society andhuman rights defenders and civil society organisations, including 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 85 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas the LGBTIQ Equality Strategy acknowledges that civil society organisations protecting and advancing the rights of LGBTIQ people increasingly report that they face hostility, coinciding with the rise of the anti-gender (and anti- LGBTIQ) movement; whereas LGBTI activists are often the targets of defamation campaigns due to their advocacy work for LGBTI equality; whereas Polish activists such as the ‘Atlas of Hate’ group and the creator of the ‘LGBT-free zone’ photo project (Bart Staszewski) are currently facing several SLAPP cases and are liable for dozens of thousands of euros if they lose them;
Amendment 86 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas SLAPPs against civil society, journalists and human rights defenders often serve the purpose of harassing them and their activities, often causing them to consider whether to continue exercising their freedom of expression or to instead exercise self- censorship and restraint in order to avoid legal repercussions; whereas many civil society organisations, including NGOs, journalists and human rights defenders may consider the trade-off to be too costly and instead opt for self-censorship; whereas this illustrates the ‘chilling effect’ SLAPPs have on those seeking to exercise rights freely;
Amendment 87 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas according to a recent study on SLAPP in the EU commissioned by the Commission, SLAPPs are increasingly used across the EU to target NGOs, activists and rights defenders, including environmental activists and LGBTQI rights defenders; whereas journalists, human rights defenders and civil society organizations are facing an increasingly hostile environment; whereas examples of SLAPPs include cases in the fields of civil rights, environmental interests, land use rights, urban and suburban development, as well as animal welfare, among others;
Amendment 92 #
Motion for a resolution
Recital C b (new)
Recital C b (new)
Amendment 95 #
Motion for a resolution
Recital C c (new)
Recital C c (new)
C c. whereas the objective of the SLAPPs is not to bring justice but rather to impose a burden on critical voices by discouraging and silencing them, and to exert a chilling effect on other potential critics; whereas SLAPPs are deliberately initiated with the intent to make the litigation expensive, long-lasting and complicated for the defendants, which include the purpose of intimidating and draining the financial and psychological resources of their targets; whereas SLAPPs not only have a detrimental impact on victims, but also on their families;
Amendment 99 #
Motion for a resolution
Recital D
Recital D
D. whereas SLAPPs within the Union are often cross-border in nature, which results in reporting delays as illustrated in many cases, often relating to cases of human rights and environmental protection, financial fraud and/or corruption, where they constitute a clear attempt to delay publication of information by halting or discrediting the work of individual journalists and publishing entities, hence depriving citizens of their right to information; whereas SLAPPs and SLAPPs threats may be brought against watchdogs within the Union also by claimant established in third countries;
Amendment 105 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. Whereas in recent years online hate speech has become increasingly widespread against journalists, NGOs, academics and civil society organisations, human rights defenders, including those defending women’s rights, gender equality and LGBTQI rights, thus threatening media freedom, freedom of expression and of association, and can have a chilling effect; recalls that online hate speech is often spilled over into reality offline; stresses that hate speech is rooted in social biases and stereotypes, and highlights that they are the result of systemic and social discrimination, including gender, racial and economic discrimination, patriarchal structures and the unequal distribution of power in society, which are reproduced and magnified online and result in more extreme consequences for some individuals and groups in vulnerable situations;
Amendment 121 #
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 and of information, media freedom and the rights to peaceful assembly and associpation threatens Union values as enshrined in Article 2 of the TEU; welcomes the fact that the 2020 rule of law report includes SLAPP lawsuits in its assessment of media freedom and pluralism across the Union, and points to concrete measures and best practices in countering them; calls foron the annual report to includeCommission to include in the 2021 and subsequent rule of law reports a thorough assessment of the legal environment for the media, and investigative journalism in particular, and to look more thoroughly at challenges affecting civil society such as the chilling effect on public democratic participation, including as regards SLAPPs targeting NGOs, activists and rights defenders, and include relevant indicators in order to measure progress;
Amendment 128 #
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 freedom of expression, freedom of assembly, 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 as well as the chilling effect that SLAPPs can have on civil society, human rights defenders and activists;
Amendment 134 #
1 a. Underlines that SLAPPs are, in essence, attempts to abuse the law and the courts to undermine the right of individuals or organisations to engage in public participation by expressing their views on issues of public interest; is deeply concerned about the severe chilling effect on democratic debate and participation that SLAPPs have;
Amendment 137 #
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Stresses that public participation is the bedrock on which democracy rests, it ensures public scrutiny and better decision-making by holding power account; points out that public participation can be expressed in a variety of behaviours of a natural or legal person directed at engaging on a matter of public interest which can include the exercise of public scrutiny and public information, including actions and activities resulting from the exercise of the right to freedom of expression and of information, the right to freedom of association and peaceful assembly, the right to good administration and the right to an effective remedy;
Amendment 142 #
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1 c. Expresses serious concern about the shrinking space for civil society organisations, and the threat to journalists and human rights defenders, who communicate on important matters within the public interest that are critical of powerful members of society, and the growing use of SLAPPs as a way to silence and intimidate independent media and journalists, civil society organisations, human rights defenders such as women’s and LGBTIQ+ rights defenders, activists such as environmental activists, whistleblowers, academics and artists;
Amendment 143 #
Motion for a resolution
Paragraph 1 d (new)
Paragraph 1 d (new)
1 d. Recalls that the States’ positive obligation to facilitate the exercise of the rights of freedom of expression, peaceful assembly and association includes the duty to establish and maintain a favorable environment for public participation and public watchdogs; stresses the importance that public watchdogs, civil society actors and other actors engaging in public participation are able to operate freely, without fear that they may be subjected to any threats, acts of intimidation or violence;
Amendment 151 #
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, including fundamental rights, corruption and other practices threatening the proper functioning of the internal market are made known to the public;
Amendment 154 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Underlines that SLAPPs cases, or the threat of SLAPPs, runs counter the objective of freedom of establishment and the free movement of services, as it has a ‘chilling effect’ notably on journalists that might exercise self-censorship instead of reporting on matters of public interest occurring in other Member States, risking then to face SLAPPs in different and unknown legal systems;
Amendment 156 #
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Considers to this end that, by contributing to the enforcement of Union law, enhancing the legal protection of rights under Union law, safeguarding the effectiveness of Union law, facilitating the enjoyment of internal market freedoms and preserving the effective functioning of national justice systems and of the common space of judicial cooperation, protection from abusive SLAPPs lawsuits would substantively contribute to the proper functioning of the internal market;
Amendment 157 #
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2 c. Highlights that although Directive (EU) 2019/1937 (the ‘Whistleblower Directive’) grants a certain level of protection to natural persons who provide confidential advice to whistleblowers, known as ‘facilitators’, such as journalists or any other intermediaries, such protection needs further regulatory clarification, in order to cover circumstances where journalists need protection going beyond the mere risk of reprisals and act independently and outside the scope of the Whistleblower Directive; further emphasizes that legal persons, such as NGOs, are not covered by the Whistleblower Directive;
Amendment 159 #
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 the length of proceedings and the quality of justice systems, as well as caseload administration and case backlogs; recalls that a properly functioning and independent 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 perform their duties with complete independence and in an impartial manner and are not burdened with the handling of claims that are later on dismissed as abusive and lacking in legal merit;
Amendment 164 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that judicial independence is integral to judicial decision-making and is a requirement resulting from the principle of effective legal protection set out in Article 19 of the TEU; recalls the concerns voiced in the Commission 2020 rule of law report regarding the independence of the judiciary in several Member States and condemns the efforts of the governments of some Member States to weaken the separation of powers and the independence of the judiciary, as well as to use SLAPPs to silence critical voices;
Amendment 166 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Underlines that the current disparity of protection deriving from the multiple sets of rules applicable in the Member States has detrimental consequences for the proper functioning of the common space of judicial cooperation established by Union law; stresses indeed that, in most SLAPPs cases, the cross-border elements are taken advantage of for forum shopping, in order to select the jurisdiction where the likelihood of achieving the desired result is the greatest; insists additionally on the fact that the absence of harmonized protection affects mutual trust and impacts on the recognition and enforcement of judgments between Member States;
Amendment 169 #
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Highlights that the purpose of SLAPPs is not to produce a judgment in favour of the claimant, but to use litigation or the threat of litigation to silence or coerce the respondent into acting in a manner which they might not otherwise accept; underlines the great imbalance of power between the parties where one has the resources and capacity to effectively silence the other through litigation techniques which magnify legal costs and the psychological and economic burden of prolonged proceedings; is concerned that the imbalance of power and resources between the parties undermines the right to a fair trial and to an effective remedy, and recalls that SLAPPs represent in essence an abuse of justice systems;
Amendment 171 #
Motion for a resolution
Subheading 4
Subheading 4
Amendment 172 #
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 177 #
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 organisations, including NGOs, and human rights defenders, including those defending LGBTQIQ rights, thus threatening media freedom, freedom of expression and assembly, as well as public safety given that online hate speech can incite real-worldoffline violence;
Amendment 188 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that SLAPPs are often meritless, frivolous or based on exaggerated, often abusive 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 itselfpublic watchdogs and other actors engaging in public participation, including journalists, academics, civil society organizations, NGOs and activists, human rights and environmental defenders, and whistleblowers, 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 197 #
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,organisations, including NGOs, and human rights defenders 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 214 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Underlines that an imbalance of power between the claimant and the defendant, notably in terms of financial resources, is a common feature of SLAPPs;
Amendment 216 #
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 NGOspublic watchdogs and other actors engaging in public participation, including journalists, academics, civil society organizations, NGOs and activists, human rights and environmental defenders, and whistleblowers, and to ensure that fundamental rights are upheld in the Member States;
Amendment 224 #
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 NGOorganisations, including NGOs, and human rights defenders and to ensure that fundamental rights are upheld in the Member States;
Amendment 236 #
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, such as the procedures applied to ensure early dismissal of abusive cases including the proportionality tests articulated by Courts, 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 Union;
Amendment 246 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Agrees with the numerous civil society organisations, 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, including the introduction of a uniform choice of law rule for defamation, as well as for; urgently calls the Commission to present 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 infordefamation, actions based on other civil matters or criminal procedures may still be used, at the initiative of claimants based in or outside the EU;
Amendment 251 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Agrees with the numerous civil society organisations, 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, assembly, 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 256 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Considers that the Commission shall harmonise the relevant legal rules, and shall give guidance to Member States as to how to upgrade their respective criminal laws in order to reach the objective of deterring SLAPPs across the EU;
Amendment 257 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Affirms that legislative measures at Union level could be based primarily 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 distortions114 TFEU in order to ensure the proper functioning of the internal market and to protect public participation in a harmonised way across the EU, and should have additional specific legal bases in order to cover the fields that rely, notably, on Articles 19, 50, 56, 192 and, 325 TFEU; asserts that the latterse measure cs should also aim to address attempts to prevent investigation and reporting on breaches of Union law, and should aim to ensure the highest level of protection for victims of SLAPPs, using the same legal base as Directive (EU) 2019/1937 (the ‘Whistleblower Directive’); these legislative measures could be based secondly on Articles 81 and 82 TFEU addressing particularly cross-border civil and criminal lawsuits; considers that certain safeguards, including procedural safeguards, could be harmonized to ensure that they apply not only for cross- border SLAPP cases, but also for domestic cases;
Amendment 266 #
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 NGO, including NGOs and activists, human rights and environmental defenders 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, including procedural safeguards common to both civil and criminal cases, such as rules on the early dismissal of abusive lawsuits against SLAPP victims or their family members and other actions in court that have the purpose of preventing public participation; insists that such rules should cover sanctions, consideration of abusive motives even if the lawsuit or action is not dismissed, costs and damages;
Amendment 275 #
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 andhuman rights defenders and civil society organisations, including 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 279 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Considers that the harmonisation of certain procedural aspects, such as the procedure for ensuring early dismissal of abusive cases, the effects of a dismissal decision and the application of penalties, could be beneficial to enhance protection for victims of SLAPPs; calls on the Commission to explore this possibility and to make sure that safeguards, including procedural safeguards, do not only apply to cross-border SLAPP cases, but also to domestic cases;
Amendment 287 #
Motion for a resolution
Subheading 10
Subheading 10
Civil justice and private international law
Amendment 290 #
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 purpose of preventing public participation, which should include sanctions, consideration of abusive motives even if the lawsuit or action is not dismissed, costs and damagesharmonised rules on SLAPPs arising from claims of civil law,; 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, with the support from judicial practitioners such as the Hague Conference on Private International Law;
Amendment 298 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges the Commission to present a proposal forto address the seriousness of SLAPPs brought through criminal proceedings by calling on member States to adopt 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 and calls on the Commission to address the question of the seriousness of threats of SLAPPs in a legislative proposalrespond to them; notes that defendants often face criminal charges while at the same time being sued for civil liability allegedly arising from the same conduct and invites the Commission to explore the possible introduction of harmonised procedural safeguards against those combined SLAPPs;
Amendment 304 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Recalls that inherent to and at the very core of the right to a fair trial under Article 47 of the Charter is the concept of equality of arms between parties in criminal proceedings; is concerned that the imbalance of power and resources between parties in SLAPPs cases undermines equality of arms, and thus the right to a fair trial;
Amendment 305 #
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15 b. Expresses concern that SLAPPs brought through criminal proceedings often have a big impact on victims and their families;
Amendment 306 #
Motion for a resolution
Subheading 12
Subheading 12
Amendment 308 #
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 protection, 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 preventing such abuse is equally necessary for the correct and uniform application of Union law, thereby safeguarding its effectivenessright to access to justice, the right to a fair trial, and the right to have access to a quality and public legal representation, as well as to information and to documentation in a language that the victim can understand, must be ensured by Member State courts and cannot be jeopardised; defends a that it is necessary to prevent any abusive use of justice systems and to ensure judicial independence to guarantee the right to a fair trial; considers that preventing such abuse is equally necessary for the correct and uniform application of Union law, thereby safeguarding its effectiveness; recommends that proportionality tests could be performed by Courts to ensure early dismissal of SLAPP cases; considers, however, that measures such as the remedy of early dismissal of SLAPP cases should not be framed in a manner which denies the claimant the opportunity to state their claim;
Amendment 313 #
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Recalls that the claimants of SLAPPs are often companies or powerful individuals, including public authorities, who seek to protect their interests by silencing critical voices; underlines that the interests of the claimant cannot be deemed legitimate where these are considered matters of public interest; emphasises the particularly important role of public watchdogs in safeguarding the public interest and in promoting a culture of public accountability and integrity, and reminds that their main functions include to hold power account, report wrongdoings and inform about matters of public interests;
Amendment 316 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Underlines the urgent need for a robust fund for financially supporting all victims of SLAPPs, including in cases where SLAPPs or the threat of SLAPPs originate from claimants established in a third country; stresses the importance for victims and potential victims of SLAPPs and their families to have easy and accessible information and sensibilisation about these types of cases, legal aid and moral support, both within and outside the judicial process;
Amendment 322 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Underlines the urgent need for a robust fund for supporting victims of SLAPPs; stresses 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 324 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Considers it necessary to collect data on SLAPP cases and raise awareness about the nature and detrimental effects of SLAPPs; to this end, considers that the EU should establish a priority list of Member States where its protective action in favour of victims of SLAPPs, notably concerning human rights and environmental defenders, should be intensified;
Amendment 330 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. WelcomesConsiders that the new anti- SLAPP legislative and non-legislative measures should be complementary with other EU instruments and policies, such as the European Democracy Action Plan, the EU LGBTIQ Equality Strategy 2020- 2025, the EU Gender Equality Strategy, the EU anti-racism action plan, and 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 or the fight against corruption; reiterates, in this regard, the critical need for an EU mechanism on democracy, the rule of law and fundamental rights as proposed by Parliament, including an annual independent, evidence-based and non-discriminatory review assessing all Member States' compliance with Article 2 TEU;
Amendment 341 #
Motion for a resolution
Annex – title
Annex – title
Amendment 341 #
Motion for a resolution
Annex – title
Annex – title
Amendment 344 #
Motion for a resolution
Annex – point 1 – part I– indent 1
Annex – point 1 – part I– indent 1
for general rules providing protectionfor procedural safeguards, common to both civil and criminal cases, aimed at protecting victims against SLAPPs;
Amendment 344 #
Motion for a resolution
Annex – point 1 – part I – indent 1
Annex – point 1 – part I – indent 1
for general rules providing protectionfor procedural safeguards, common to both civil and criminal cases, aimed at protecting victims against SLAPPs;
Amendment 345 #
Motion for a resolution
Annex – point 1 – part I – indent 2
Annex – point 1 – part I – indent 2
specifically addressing questions of civil justice and private international law, including judicial cooperation and forum shopping;
Amendment 345 #
Motion for a resolution
Annex – point 1 – part I – indent 2
Annex – point 1 – part I – indent 2
specifically addressing questions of civil justice and private international law, including judicial cooperation and forum shopping;
Amendment 347 #
Motion for a resolution
Annex – point 1 – part I– indent 3
Annex – point 1 – part I– indent 3
addressing in particular issues of criminal justice and equality of arms in access to justice
Amendment 347 #
Motion for a resolution
Annex – point 1 – part I – indent 3
Annex – point 1 – part I – indent 3
addressing in particular issues of criminal justice and equality of arms in access to justice
Amendment 359 #
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, both within and outside the judicial process, 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 359 #
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, both within and outside the judicial process, 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 365 #
Motion for a resolution
Annex – point 1 – part II – indent 6a (new)
Annex – point 1 – part II – indent 6a (new)
the establishment of a priority list of Member States where EU action against SLAPPs, notably concerning human rights and environmental defenders, should be intensified.
Amendment 365 #
Motion for a resolution
Annex – point 1 – part II – indent 6a (new)
Annex – point 1 – part II – indent 6a (new)
the establishment of a priority list of Member States where EU action against SLAPPs, notably concerning human rights and environmental defenders, should be intensified.
Amendment 370 #
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 repor, reporting or otherwise exposing matters of public interest pointing to:
Amendment 370 #
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 repor, reporting or otherwise exposing matters of public interest pointing to:
Amendment 373 #
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 373 #
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 380 #
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;
Amendment 380 #
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;
Amendment 385 #
Motion for a resolution
Annex – point 2 – part II – point c – subpoint ii
Annex – point 2 – part II – point c – subpoint ii
(ii) legal, moral and financial aid;
Amendment 385 #
Motion for a resolution
Annex – point 2 – part II – point c – subpoint ii
Annex – point 2 – part II – point c – subpoint ii
(ii) legal, moral and financial aid;
Amendment 386 #
Motion for a resolution
Annex – point 2 – part II – point d
Annex – point 2 – part II – point d
(d) the prohibition of retaliation and the establishment of effective measures to protect against such retaliation.
Amendment 387 #
Motion for a resolution
Annex – point 2 – part II – point d
Annex – point 2 – part II – point d
(d) the prohibition of retaliation and the establishment of effective measures to protect against such retaliation.
Amendment 389 #
Motion for a resolution
Annex – point 2 – part III
Annex – point 2 – part III
The legislative proposal should lay down common minimum standards on procedural safeguards and other preventive, supporting and deterrent measures providing protection from abusive lawsuits against public participation. In particular, the proposal should include: (-a) a comprehensive definition of public participation; (a) the obligation for the claimant in cases concerning public participation to specify and provide means of proof of why the action is not abusive; (b) the obligation for courts to summarily dismiss abusive lawsuits at an early stage in the judicial process; (c) the obligation for courts to consider the abusive element in any final decision; (d) the possibility for third parties to intervene and subrogate to the defendant’s rights and obligations; (e) the obligation for courts to consider the public interest when assessing costs and the award of damages; (f) means to protect victims against SLAPPs brought outside the Union; (g) the right to the full award of costs; (h) the right to damages for material or immaterial harm.
Amendment 390 #
Motion for a resolution
Annex – point 2 – part III
Annex – point 2 – part III
Amendment 392 #
Motion for a resolution
Annex – point 3 – title
Annex – point 3 – title
3. Civil procedure and private international law
Amendment 393 #
Motion for a resolution
Annex – point 3 – part I
Annex – point 3 – part I
A legislative proposal for a civil procedure measure applicable in cross-border cases should include: (a) the obligation for the claimant in cases concerning public participation to specify and provide means of proof of why the action is not abusive; (b) the obligation for courts to summarily dismiss abusive lawsuits; (c) the obligation for courts to consider the abusive element in any final decision; (d) the possibility for third parties to intervene and subrogate to the defendant’s rights and obligations; (e) the obligation for courts to consider the public interest when assessing costs and the award of damages; (f) means to protect victims against SLAPPs brought outside the Union; (f) the right to the full award of costs; (g) the right to damagesdevelop judicial cooperation in civil matters so as to address cross-border SLAPP cases by providing for harmonised rules on SLAPPs arising from claims of civil law.
Amendment 393 #
Motion for a resolution
Annex – point 3 – title
Annex – point 3 – title
3. Civil procedure and private international law
Amendment 395 #
Motion for a resolution
Annex – point 3 – part I
Annex – point 3 – part I
A legislative proposal for a civil procedure measure applicable in cross-border cases should include: (a) the obligation for the claimant in cases concerning public participation to specify and provide means of proof of why the action is not abusive; (b) the obligation for courts to summarily dismiss abusive lawsuits; (c) the obligation for courts to consider the abusive element in any final decision; (d) the possibility for third parties to intervene and subrogate to the defendant’s rights and obligations; (e) the obligation for courts to consider the public interest when assessing costs and the award of damages; (f) means to protect victims against SLAPPs brought outside the Union; (f) the right to the full award of costs; (g) the right to damagesdevelop judicial cooperation in civil matters so as to address cross-border SLAPP cases by providing for harmonised rules on SLAPPs arising from claims of civil law.
Amendment 408 #
Motion for a resolution
Annex – point 3 – part II – introductory part
Annex – point 3 – part II – introductory part
Amendment 409 #
Motion for a resolution
Annex – point 3 – part II – introductory part
Annex – point 3 – part II – introductory part
Amendment 411 #
Motion for a resolution
Annex – point 3 – part II – point a
Annex – point 3 – part II – point a
(a) establish the habitual residence of the defendant as the sole forum;
Amendment 413 #
Motion for a resolution
Annex – point 3 – part II – point a
Annex – point 3 – part II – point a
(a) establish the habitual residence of the defendant as the sole forum;
Amendment 415 #
Motion for a resolution
Annex – point 3 – part II – point b
Annex – point 3 – part II – point b
(b) determine that the applicable law is the law of the place where the investigation or reporting took placen cases of defamation is the law of the place to which the publication is directed, and, supplementarily, the place of editorial control and/or the place in which the main elements of harm are situated.
Amendment 417 #
Motion for a resolution
Annex – point 3 – part II – point b
Annex – point 3 – part II – point b
(b) determine that the applicable law is the law of the place where the investigation or reporting took placen cases of defamation is the law of the place to which the publication is directed, and, supplementarily, the place of editorial control and/or the place in which the main elements of harm are situated.
Amendment 420 #
Motion for a resolution
Annex – point 4 – point a
Annex – point 4 – point a
(a) specify that defamation, libel and slander constitute criminal offences in most Member States, and cannot be used for SLAPPs, in particular through private prosecution, and recommends Member States to decriminalize defamation as stated by the Council of Europe and OSCE;
Amendment 421 #
Motion for a resolution
Annex – point 4 – point a
Annex – point 4 – point a
(a) specify that defamation, libel and slander constitute criminal offences in most Member States, and cannot be used for SLAPPs, in particular through private prosecution, and recommends Member States to decriminalize defamation as stated by the Council of Europe and OSCE;
Amendment 422 #
Motion for a resolution
Annex – point 4 – point b
Annex – point 4 – point b
(b) specify that prosecution cannot be used to silence journalists, academics, civil societypublic watchdogs, civil society actors and other actors engaging in public participation, including journalists, academics, human rights and environmental defenders, whistleblowers, activists, civil society organizations and NGOs;;
Amendment 422 #
Motion for a resolution
Annex – point 4 – point b
Annex – point 4 – point b
(b) specify that prosecution cannot be used to silence journalists, academics, civil societypublic watchdogs, civil society actors and other actors engaging in public participation, including journalists, academics, human rights and environmental defenders, whistleblowers, activists, civil society organizations and NGOs;
Amendment 431 #
Motion for a resolution
Annex – point 4 – point ca (new)
Annex – point 4 – point ca (new)
(ca) explore possible harmonised procedural safeguards to protect defendants facing SLAPPs based on combined criminal charges and civil liability actions allegedly arising from the same conduct;