17.02.2025 Law in media
SLAPP Lawsuits in Europe. How Journalists and Activists Are Silenced
Krzysztof Fiedorek
The number of strategic lawsuits aimed at intimidating journalists, activists, and civil society organizations is increasing in Europe. According to the CASE SLAPPs Report 2024, as many as 1,049 such cases were identified between 2010 and 2023.
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illustration: DALL-ESLAPP stands for Strategic Lawsuit Against Public Participation. It is a type of legal action used by influential individuals, corporations, or institutions to intimidate and silence critical voices in public debate.
SLAPPs are not filed with the goal of winning in court but rather as a tool of repression. The aim is to discourage journalists, activists, and social organizations from addressing topics inconvenient for the plaintiffs.
Despite progress in combating this phenomenon, SLAPP lawsuits remain a tool for silencing dissenting voices in many countries. CASE monitors the scale of the issue and publishes annual reports on the legal suppression of public debate.
Europe Under Pressure. The Rise of SLAPP Lawsuits
In 2023, the highest number of such lawsuits were recorded in Italy (26), Romania (15), Serbia (10), and Turkey (10). Compared to previous years, there is a clear increase in the number of lawsuits, especially considering that only verified cases are included in the report. Over the last 14 years, according to the data collected by CASE, Poland is the leader (135), clearly ahead of Malta and France.
| Country | Number of Lawsuits (2010-2023) |
|---|---|
| Poland | 135 |
| Malta | 91 |
| France | 90 |
| Italy | 62 |
| Serbia | 56 |
| Croatia | 55 |
| Bosnia and Herzegovina | 54 |
| Slovenia | 42 |
| Romania | 40 |
| Turkey | 38 |
The report indicates that the number of reported lawsuits is just the "tip of the iceberg," as many individuals fear reporting such cases due to concerns over further repression. In countries with limited press freedom, many cases remain outside official statistics.
Who Are the Victims of SLAPP? Journalists and Activists Targeted
Investigative journalists and media outlets that expose corruption and abuses of power are the most common SLAPP targets. Lawsuits have also been filed against activists, NGOs, and academics.
The most frequently targeted groups include:
- Investigative journalists – e.g., the Bulgarian outlet Bivol, sued for €500,000 over an article about insurance sector abuses.
- Media organizations – e.g., Greek Mediapool, facing bankruptcy due to a €500,000 lawsuit.
- Environmental activists – e.g., Greenpeace, sued by Shell for $2.1 million over protests against North Sea oil extraction.
- Whistleblowers – individuals exposing corruption and misconduct who often face legal retaliation.
In Greenpeace’s case, Shell not only sought compensation but also imposed a global protest ban on its infrastructure, threatening additional claims of up to $8.6 million. This illustrates how large corporations use legal systems to intimidate opponents.
Who Files These Lawsuits? Politicians and Businesspeople on the Offensive
According to the CASE Report 2024, the main plaintiffs are businesses and corporations (45.2% of cases) and politicians and government officials (35.5% of cases).
The highest compensation claims in SLAPP lawsuits reach several million euros. In Greece, journalists covering a spy scandal were sued for €3.3 million by Grigoris Dimitriadis, a former advisor to the prime minister.
The vast majority of SLAPP lawsuits are civil cases, but in many countries, criminal law is still used to prosecute journalists and activists.
| Type of Proceedings | SLAPP Cases (%) |
|---|---|
| Civil Lawsuits | 64.3% |
| Criminal Proceedings | 21.7% |
| Mixed Lawsuits (Civil + Criminal) | 2.1% |
| Administrative Lawsuits | 0.9% |
| Injunctions | 5.8% |
Some lawsuits also have political motivations. In Bosnia and Herzegovina, after the reintroduction of criminal defamation laws in 2023, over 50 lawsuits against journalists were filed in March 2024 alone. Organizations like the UN and OSCE warn that these changes could be used to suppress critical voices.
Censorship Under the Guise of Law
In 64.3% of cases, SLAPP lawsuits were civil, while 21.7% involved criminal proceedings. Some countries still impose prison sentences for defamation:
- Italy – up to 3 years in prison for defamation.
- Slovakia – 2 to 8 years in prison for slander.
- Turkey – up to 5 years in prison for defaming a public figure.
The main topics triggering SLAPP lawsuits include corruption, government actions, and environmental protection.
| SLAPP Case Topics | Share of Cases (%) |
|---|---|
| Corruption | 36.1% |
| Business Affairs | 22.7% |
| Environmental Protection | 16.3% |
| Government Affairs | 12.4% |
| Human Rights | 7.5% |
| Other | 5.0% |
The United Nations has repeatedly stated that imprisonment for defamation is unacceptable, yet many countries maintain such laws. UNESCO warns of a growing trend to reintroduce criminal prosecution for slander, potentially escalating SLAPP cases.
How Is Europe Fighting SLAPPs?
In April 2024, the European Union adopted the anti-SLAPP directive to prevent the abuse of legal systems to silence critics. The directive includes:
- The possibility of early dismissal of SLAPP lawsuits by courts.
- Sanctions against those who misuse the legal system.
- Protection of journalists and activists from financial repression.
However, the directive applies only to cross-border cases, meaning most domestic lawsuits remain unaffected. Therefore, civil society organizations are urging national governments to extend anti-SLAPP measures to all cases.
The full SLAPPs in Europe report and tools for reporting new cases are available on the-case.eu.
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