In April, the European Union adopted an Anti-SLAPP Directive in April and issued recommendations on combating the use of such lawsuits.
However, it’s not enough. One of its limitations, explained Urso, is that it only takes into consideration cross-border cases and does not consider domestic cases.
The Council of Europe also issued a recommendation in April, setting out a more robust framework for deterring and remedying SLAPPs.
This one includes the domestic cases as well, and provides clear indicators on how to evaluate a legal case.
The Council of Europe recommendation is also “more outspoken” when it comes to the protection of targets. “Its recommendation really goes into detail on compensation of damages, while in the EU directive it’s much more focused on the penalties,” Urso said.
She argued that the EU should review its recommendations to include more support to the victims of such strategic lawsuits.
“It’s essential if you’re confronted with a SLAPP case that you have immediate access to the right resources, such as a lawyer familiar freedom of expression or human rights, but also to the financial assistance to pay for that lawyer,” she said.
Urso added that EU member countries should also do their part by applying the Council of Europe recommendations into national law, and opening dialogue with civil society organizations that cover this topic.