Shoo Away Intimidation: Hubig Wants to Enhance Protection against Frivolous Lawsuits
Intimidation lawsuits may face increased difficulty due to Hubig's measures
Stefanie Hubig, Germany's Federal Justice Minister, is taking action against nuisance lawsuits that aim to silence critics and opponents. These types of lawsuits, often referred to as strategy lawsuits against public participation (SLAPPs), target organizations, journalists, scientists, and associations alike, forcing them to divert resources to defense and finance battles.
SLAPPs are frivolous lawsuits initiated by powerful entities, such as companies, governments, or influential individuals, with the intention of stifling unpopular opinions or unfavorable public engagement. Hubig believes these lawsuits undermine the freedom of opinion and expression, causing affected parties to forfeit their right to express themselves.
The new law, set to be published on Friday, aims to protect public discourse by addressing SLAPPs. The proposed legislation seeks to establish barriers against these unwarranted legal actions and fortify the right to free speech and press. SLAPPs, as stated in the draft bill, endanger the freedom of public opinion and prevent those exercising their constitutional freedoms from fully utilizing them.
Though the details of Hubig’s proposal are yet to be fully unveiled, other anti-SLAPP laws encompass the following measures:
- Rapid court proceedings to identify and dismiss SLAPPs.
- Legal support and possibly fees reimbursement for defendants unfairly targeted.
- Strengthened protections for whistleblowers and advocates against retaliatory actions.
Should a court determine a lawsuit to be abusive under this new law, the plaintiff may face higher court fees as a penalty. Moreover, civil litigation costs will more frequently be shouldered by the plaintiff in such cases, ensuring that legal proceedings are not used as weapons against public interest activists. Hubig explained, "Court proceedings should never be a means to obstruct and inconvenience individuals engaging in public matters."
These legal changes align with broader European efforts to combat SLAPPs, with several ongoing court cases challenging the EU's anti-SLAPP directive, such as Greenpeace International's lawsuit against Energy Transfer in the Netherlands for intimidatory litigation practices. The proposed German law, led by Justice Minister Hubig, is among these efforts, aiming to limit the use of the legal system to suppress dissent and preserve public participation in environmental or social advocacy against corporate interests, governments, or influential figures.
In essence, the new anti-SLAPP law, as proposed by Justice Minister Hubig, aims to deter frivolous lawsuits by expediting court processes, lessening financial burdens for defendants, and safeguarding public interest advocates and whistleblowers from retaliatory legal actions.
- The new law proposed by Germany's Federal Justice Minister, Stefanie Hubig, intends to publish on Friday, seeks to establish a framework to protect public discourse by addressing strategy lawsuits against public participation (SLAPPs) and strengthen the right to free speech and press.
- In line with European efforts to combat SLAPPs, the proposed anti-SLAPP law in Germany, led by Justice Minister Hubig, aims to limit the use of the legal system to suppress dissent, thereby protecting public interest advocates and whistleblowers from retaliatory legal actions.
