Hurting Small Fish with Bigger Nets: Hubig Wants to Make Frivolous Lawsuits More Expensive and Time-Consuming
Changes to Intimidation Lawsuit Difficulty: Hubig's New Strategies
Caught in a deluge of lawsuits, ordinary citizens and organizations are often silenced by well-funded entities. In a bid to protect freedom of speech, German Federal Justice Minister Stefanie Hubig has proposed a new law that aims to counter this practice known as intimidation lawsuits.
Targeting organizations, journalists, scientists, and activists, these lawsuits drain resources and time, leaving little room for open debate. According to the SPD politician, such tactics are used to stifle dissent and suppress unwanted opinions.
Lawyers see intimidation lawsuits as unfounded legal actions, often initiated by companies, governments, or influential individuals, with the primary purpose of suppressing dissenting opinions in public discourse. These unwarranted legal attacks are referred to as SLAPP (Strategic Lawsuits Against Public Participation) in English.
The draft law proposed by Minister Hubig, expected to be published this Friday, intends to safeguard free public opinion. By imposing high fees and accelerating the resolution of such lawsuits, the legislation seeks to protect individuals and organizations from being overwhelmed and effectively silenced.
Under the new law, if a court deems a lawsuit abusive, the plaintiff may face punishment, such as paying a special court fee. Furthermore, the defendant may be eligible for reimbursement of their legal costs.
"We should not allow court proceedings to be used to harass people who are exercising their right to free speech," states Hubig, emphasizing that the right to sue remains with the new anti-SLAPP law.
With this law, Germany will align with the EU Anti-SLAPP Directive, which seeks to protect activists, whistleblowers, and organizations from SLAPPs. By providing early dismissal mechanisms, legal remedies, and safeguards against excessive legal costs, the Directive aims to foster freedom of expression and public participation.
Stefanie HubigFederal Ministry of JusticeLawsuits
- The new law proposed by Stefanie Hubig, the Federal Minister of Justice, aims to make frivolous lawsuits, often used to suppress dissenting opinions, more expensive and time-consuming, in line with the EU Anti-SLAPP Directive.
- Under the new anti-SLAPP law, individuals and organizations faced with abusive lawsuits may be eligible for reimbursement of their legal costs, and if a court deems a lawsuit unjustified, the plaintiff may face punishment such as paying a special court fee.
