"Council of Europe adopts Recommendation on countering the use of SLAPPs," 05 April 2024

On 5 April 2024, the Committee of Ministers of the Council of Europe adopted Recommendation CM/Rec(2024)2 on countering the use of strategic lawsuits against public participation (SLAPPs). ...

The newly adopted Recommendation provides a definition of SLAPPs, understood “as legal actions that are threatened, initiated or pursued as a means of harassing or intimidating their target, and which seek to preent, inhibit, restrict or penalise free expression on matters of public interest and the exercise of rights associated with public participation.” ...

...The notion of “everyone” encompasses all public watchdogs and contributors to public debate and all participants in public affairs. ...It is not limited to journalists and other media actors, but to all critical voices, such as civil society organisations, environmental associations and activists, academics and human rights defenders.

Its guidelines are intended to apply to civil lawsuits, as well as to administrative and criminal law contexts... Moreover, the Recommendation covers both domestic and other types of SLAPPs, such as cross-border, multiple or coordinated, and... anonymous public participation.

To facilitate the identification of SLAPPs, the Recommendation identifies a non-exhaustive list of 10 indicators. ...

The governments of the member States are recommended to further strengthen existing legislative and policy frameworks to counter SLAPPs...

The Recommendation is accompanied by an Explanatory Memorandum designed to further explain the context, reasoning and practical examples useful for the understanding and implementation of the Recommendation.