Answer given by Vice-President Jourová on behalf of the European Commission
22.6.2020
The Commission shares the concern that Strategic Lawsuits Against Public Participation (SLAPPs) could result in an abuse of defamation laws, with the aim of threatening journalists and other citizens with ruinous law suits.
A plural, free and independent media is essential to a well-functioning democracy. Journalists play a vital role in European democracies and they should be able to operate freely, without threats and intimidation.
The Commission considers that this issue — which lies at the intersection of private international law, public policy and media freedom — deserves a thorough analysis.
As regards cross-border aspects, relevant private international law rules[1] will be subject to evaluation during this mandate. These evaluations will include the issue of defamation, which is currently excluded from the scope of Rome II Regulation.
The Commission will also present a European Democracy Action Plan by the end of 2020 to help to improve the resilience of our democracies and address the threats of external interference in European elections. The aim will be to counter disinformation and to adapt to evolving threats and manipulations, as well as to support free and independent media.
- [1] Brussels I Recast Regulation on jurisdiction and recognition and enforcement of judgments and Rome II Regulation on law applicable to non-contractual obligations.