Implementation of the SLAPP Directive
The European Union’s Anti-SLAPP Directive (Directive (EU) 2022/2352) was adopted on 14 November 2022 to combat the misuse of legal proceedings to silence freedom of expression and information. SLAPPs (“strategic lawsuits against public participation”) are lawsuits that are intended to censor, intimidate, and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition.
The Anti-SLAPP Directive introduces a number of measures to protect freedom of expression and information, including:
- A presumption that proceedings are SLAPPs if they meet certain criteria, such as being brought against a person or organization that has made a statement on a matter of public interest
- A requirement that the defendant in SLAPP proceedings be able to seek an early dismissal of the case
- An award of costs and damages to the defendant if the SLAPP is successful
The Anti-SLAPP Directive is a significant step forward in the protection of freedom of expression and information in the EU. It will help to ensure that those who speak out on matters of public interest are not silenced by SLAPPs.
Germany Implements the Anti-SLAPP Directive
On 25 October 2024, Germany implemented the Anti-SLAPP Directive into its national law. The new law introduces a number of changes to the German Code of Civil Procedure, including:
- A new provision that defines SLAPPs and sets out the criteria for determining whether a proceeding is a SLAPP
- A new procedure for seeking an early dismissal of SLAPP proceedings
- A new provision that allows for the award of costs and damages to the defendant if the SLAPP is successful
The new law is expected to come into force on 1 January 2025.
Significance of the Anti-SLAPP Directive
The Anti-SLAPP Directive is a significant development in the protection of freedom of expression and information in the EU. It is the first EU-wide law to specifically address the problem of SLAPPs. The Directive sets out a clear definition of SLAPPs and introduces a number of measures to protect those who are targeted by them.
The implementation of the Anti-SLAPP Directive into German law is a welcome step forward. The new law will provide much-needed protection for those who speak out on matters of public interest in Germany.
Conclusion
The Anti-SLAPP Directive is a significant step forward in the protection of freedom of expression and information in the EU. The Directive sets out a clear definition of SLAPPs and introduces a number of measures to protect those who are targeted by them. The implementation of the Directive into German law is a welcome step forward and will provide much-needed protection for those who speak out on matters of public interest in Germany.
Umsetzung der SLAPP-Richtlinie
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Kurzmeldungen (hib) a new article on 2024-10-25 06:42 titled “Umsetzung der SLAPP-Richtlinie”. Please write a detailed article on this news item, including any relevant information. Answers should be in English.
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