Strategic lawsuits against public participation (SLAPPs) are a tool often used to silence journalists working on matters of public interest. These attempts take various forms, including harassment, intimidation, lawsuits, and in Ukraine, recently, the issuing of summonses to men performing journalistic work.
To discuss the new standards and recommendations adopted in 2024, the European Anti-SLAPP Conference was held, bringing together 30 speakers and over 250 participants from 25 countries. Among the attendees were representatives of the Council of Europe, the European Union, judges, journalists, lawyers, experts, activists, scholars, ombudsmen, and civil society representatives. The conference aimed to promote and implement new legal instruments to combat SLAPPs.
The Council of Europe’s “Safeguarding Freedom of Expression and Freedom of Media in Ukraine” (SFEM-UA) project supported the participation of Yan Bernaziuk, judge of the Administrative Cassation Court and Vasyl Krat, judge of the Civil Cassation Court, both are members of the Supreme Court. They had the opportunity to engage with international experts and colleagues to exchange practices and approaches applicable to their work.
Participants discussed the effectiveness of key legal documents, including:
Flutura Kusari, an international consultant for the Council of Europe and legal advisor at the European Centre for Press and Media Freedom (ECPMF), who has made a significant contribution to the development of key recommendations for combating SLAPPs and implementing standards for the protection of freedom of expression in Europe, noted that the conference was a major success at the European level. “It highlighted at least six initiatives by member states to implement European standards on countering SLAPPs. Participants are now well-informed about the Council of Europe Recommendation on SLAPPs, and judges, prosecutors, and other legal professionals will be better equipped to identify such lawsuits,” Kusari stated.
The testimonies presented during the conference showcased the real personal, financial, and professional harm caused by SLAPPs. The role of civil society in mobilising member states to implement these standards was also emphasised. The conference additionally served as a platform for launching the Council of Europe’s Anti-SLAPP Training Programme and the European SLAPP Monitor, developed by the Coalition Against SLAPPs in Europe (CASE) and the European Centre for Press and Media Freedom (ECPMF).
A comprehensive training package for judges, prosecutors, and lawyers was presented, developed under the “Protecting Freedom of Expression and Media in the Western Balkans (PRO-FREX)” programme. Participants discussed the need for EU-wide anti-SLAPP legislation, legal platforms to support activists and journalists, and public awareness campaigns to highlight the impact of SLAPPs. Special attention was given to ensuring the right to a fair trial as guaranteed by Article 6 of the European Convention on Human Rights.
Under the SFEM-UA project, Flutura Kusari is collaborating with national experts on a working document for Ukraine addressing SLAPPs. Its presentation and discussion with key stakeholders, media professionals, lawyers, and members of parliament are planned for early 2025.
The Council of Europe Project “Safeguarding Freedom of Expression and Freedom of Media in Ukraine” (SFEM-UA) is implemented by the Council of Europe Division for Co-operation on Freedom of Expression in the framework of the Council of Europe Action Plan for Ukraine “Resilience, Recovery and Reconstruction” 2023-2026.
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Publish date : 2024-11-21 06:31:00
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