European Commission's Anti-SLAPP Directive is a Positive Advance, Yet Member States Require Enactment of Anti-SLAPP Legislation as Well
The European Union (EU) is encouraging its member states to pass their own anti-SLAPP laws to address domestic cases, as part of a broader effort to combat abusive lawsuits aimed at silencing journalists, activists, and human rights defenders. This push comes following the adoption of the EU Anti-SLAPP Directive (Directive 2024/1069) in April 2022, which aims to establish a harmonized minimum standard across member states.
The Directive, which sets a deadline of 7 May 2026 for national implementation, offers early dismissal procedures for Strategic Lawsuits Against Public Participation (SLAPPs), measures to protect journalists, media, environmental activists, human rights defenders, and public watchdogs, and safeguards against abusive litigation tactics that hinder freedom of expression and public participation.
However, the current state of national anti-SLAPP laws in EU member states is generally in flux. Many countries are yet to fully transpose the EU Anti-SLAPP Directive into their domestic legal frameworks. Progress has been slow, with some countries, like Poland, only recently drafting legislation to comply, while others, such as the Netherlands, have already started applying protections under existing laws.
The Netherlands is leading the way in practical application, as demonstrated by Greenpeace International's 2025 lawsuit invoking these protections in a landmark case against Energy Transfer, a US oil company pursuing SLAPP suits after protests against the Dakota Access Pipeline. This case is considered the first test of the Directive in practice.
Poland, on the other hand, has drafted legislation implementing the Directive, with the Civil Law Codification Commission presenting the draft in early 2025. However, civil society groups welcome the effort but call for revisions, expressing concerns that overly restrictive criteria for early dismissal could undermine the protection's effectiveness. Poland’s draft reflects many promising elements but requires stronger safeguards to align fully with the Directive’s intent.
Other EU countries have not yet fully transposed or developed comprehensive anti-SLAPP laws, despite advocacy by over 40 organizations across 15 countries pushing for rapid adoption. The EU's regulation of SLAPPs at the level will likely reduce forum shopping, deterring powerful actors from abusing defamation law and protecting journalists, activists, academics, and others in Europe from legal battles intended to stop their work.
In conclusion, the European Union has taken a significant step with the Anti-SLAPP Directive to protect freedom of expression and public participation. However, the full impact depends on effective and timely national implementation, which is currently a work in progress with varying levels of preparedness and quality among member states. The Directive establishes a baseline of protections, but national transposition is still ongoing and uneven across the EU.
- The adoption of the EU Anti-SLAPP Directive (Directive 2024/1069) in April 2022 aims to establish a harmonized minimum standard for anti-SLAPP laws across member states, offering protection to journalists, media, activists, and human rights defenders from abusive lawsuits.
- Progress in the implementation of these anti-SLAPP laws varies among EU member states, with some countries, like Poland, drafting legislation but facing criticism for overly restrictive criteria that could undermine their effectiveness.
- As other EU countries continue to develop or transpose comprehensive anti-SLAPP laws, the regulation of Strategic Lawsuits Against Public Participation (SLAPPs) at the EU level is expected to reduce forum shopping, deterring powerful actors from abusing defamation law and protecting journalists, activists, academics, and others in Europe from legal battles intended to stop their work.
