Countering strategic lawsuits against public participation (SLAPPs): an imperative for a democratic society
Recommendation 2267
(2024)
- Author(s):
- Parliamentary Assembly
- Origin
- Assembly
debate on 25 January 2024 (6th sitting) (see Doc. 15869, report of the Committee on Culture, Science, Education
and Media, rapporteur: Mr Stefan Schennach; and Doc. 15879, opinion of the Committee on Legal Affairs and Human
Rights, rapporteur: Mr Davor Ivo Stier). Text
adopted by the Assembly on 25 January 2024 (6th sitting).
1. The Parliamentary Assembly, referring
to its
Resolution 2531
(2024) “Countering strategic lawsuits against public
participation (SLAPPs): an imperative for a democratic society”,
recalls that under Article 10 of the European Convention on Human
Rights (ETS No. 5), member States not only must refrain from interfering with
the right to freedom of expression, but they also have a positive
obligation to ensure a safe and favourable environment for participation
in public debate by everyone, without fear, even when the opinions
expressed run counter to those defended by official authorities
or a significant part of the public.
2. Recommendation CM/Rec(2016)4 of the Committee of Ministers
to member States on the protection of journalism and safety of journalists
and other media actors calls on member States to “exercise vigilance
to ensure that legislation and sanctions are not applied in a discriminatory
or arbitrary fashion against journalists and other media actors.
They should also take the necessary legislative and/or other measures
to prevent the frivolous, vexatious or malicious use of the law
and legal process to intimidate and silence journalists and other media
actors.”
3. Similarly, Recommendation CM/Rec(2018)2 of the Committee of
Ministers to member States on the roles and responsibilities of
internet intermediaries calls on member States to consider adopting
“appropriate legislation to prevent strategic lawsuits against public
participation (SLAPP) or abusive and vexatious litigation against
users, content providers and intermediaries which is intended to
curtail the right to freedom of expression”.
4. However, SLAPPs are prospering in the jurisdictions of too
many Council of Europe member States because of the lack of adequate
procedural mechanisms to prevent, remedy and sanction abusive lawsuits which
hinder the right to freedom of expression and public participation.
5. The Assembly is concerned by this phenomenon and warmly welcomes
the initiative taken by the Committee of Ministers to entrust its
Steering Committee on Media and Information Society (CDMSI) to draw up
a draft recommendation of the Committee of Ministers to member States
on countering the use of SLAPPs.
6. The Assembly commends the work accomplished by the CDMSI and
its Committee of Experts on Strategic Lawsuits against Public Participation
(MSI-SLP), to which the Assembly’s rapporteur on this issue also
contributed.
7. Therefore, the Assembly recommends that the Committee of Ministers:
7.1 adopt a bold recommendation
on countering the use of SLAPPs in accordance with CDMSI proposals;
7.2 encourage and monitor the prompt and effective implementation
by member States of the guidelines set forth by the recommendation,
including the wide range of safeguard mechanisms and remedies therein.