Freedom of expression has declined by around 10% worldwide since 2012, according to the latest UNESCO report on press freedom. Journalists today face increasing pressure, not only in the form of violence or online threats, but also through so-called SLAPP lawsuits. SLAPP, or "Strategic Lawsuit Against Public Participation", refers to legal actions brought by politicians or companies with the aim of intimidating journalists through costly and drawn-out court proceedings.
In response to the growing problem of abusive lawsuits, a new European Union directive and a draft law in Luxembourg aim to put a stop to SLAPP cases.
Over the past 15 years, 1,300 SLAPP lawsuits have been recorded across Europe. In Luxembourg, such lawsuits remain a significant challenge, says Misch Pautsch, President of the Luxembourg Press Council. He cites a recent example where someone was sued for €15,000 simply because they had used an incorrect job title for another person in an article, which the plaintiff tried to frame as defamation. Ultimately, the person being sued won the case, but the process dragged on for two and a half years, raising questions about how the accused can be protected against such lawsuits.
To ensure that abusive lawsuits can be dismissed more quickly, the EU adopted an anti-SLAPP directive in spring 2024. However, the key challenge is now political will: EU Member States must implement these rules in their own legal systems, explains Flutura Kusari from the European Centre for Press and Media Freedom. So far, only nine Member States have done so, with Luxembourg being a positive example, as its draft law is among the best models in Europe."
However, it is important to note that the EU directive only applies when a case involves cross-border elements, explains Anne Calteux, the European Commission's representative in Luxembourg, as the EU cannot interfere in national jurisdictions or court cases that are purely domestic. As soon as there is a cross-border aspect, the EU can intervene and legislate, Calteux says.
To provide better protection for journalists, the Luxembourg government has tabled its own bill to counter abusive lawsuits within the country. According to Prime Minister Luc Frieden, this is crucial for guaranteeing press freedom as a "fundamental part of our democracy [...], the rule of law, and European values here in Luxembourg". He emphasises that there "can be no room for compromise".
The Press Council President is generally satisfied with the Luxembourg draft law, but points out that the law focuses primarily on civil proceedings, which remains a key loophole because what is now prevented on the civil side can simply be pursued through criminal proceedings if those are not amended too.
Whether the new European rules will actually offer better protection ultimately depends on how rigorously each country implements them in practice.
It should be noted that SLAPP lawsuits do not target the press alone. Roughly a quarter of these cases are brought against NGOs that expose uncomfortable truths.
