Shielding Free Speech: Hubig Proposes New Law Against Intimidation Lawsuits
Intimidation lawsuits may face increased difficulty due to Hubig's new measures.
Justice Minister Stefanie Hubig aims to safeguard freedom of expression in Germany by introducing a fresh law to combat so-called intimidation lawsuits. These legal actions often target organizations, journalists, academics, and activists, overwhelming them with abusive lawsuits, making it challenging for them to express their opinions freely.
Referred to as SLAPP lawsuits or Strategic Lawsuits Against Public Participation, such legal actions are designed to suppress unwanted contributions to public discourse. According to the Ministry of Justice, these lawsuits endanger the free and open exchange of ideas and seek to prevent those affected from exercising their rights to freedom of opinion and press.
The new bill, set to be published this Friday, aims to curb the impact of SLAPP lawsuits by implementing measures such as increasing costs for plaintiffs and expediting the resolution of such cases. If the court deems a lawsuit to be abusive, it can impose higher fees on the plaintiff as a penalty. Moreover, successful defendants may be reimbursed for the costs of defending the lawsuit.
Hubig emphasizes that the proposed anti-SLAPP law does not infringe upon the right to sue, but it does instate barriers for plaintiffs found to be using the legal system for intimidation purposes. The law is an implementation of a European Union directive which Germany is adopting as part of its Democracy Action Plan to safeguard individuals’ rights in public discussion and prevent misuse of the legal system for intimidation.
The German anti-SLAPP law hopes to protect those participating in public discourse and strengthen democracy by ensuring that freedom of expression and lawful debate is not undermined by frivolous legal actions intended to intimidate and silence. The proposal envisions fast-tracking the dismissal of SLAPP suits and protecting defendants from the psychological and financial burdens of these tactics, thereby promoting a vibrant and open public discourse.
- The new anti-SLAPP law proposed by Justice Minister Stefanie Hubig targets strategic lawsuits that aim to suppress unwanted contributions to public discourse, often used against organizations, journalists, academics, and activists in Germany.
- The German anti-SLAPP law, part of the Democracy Action Plan, aims to protect those participating in public discourse by fast-tracking the dismissal of abusive lawsuits and shielding defendants from the psychological and financial burdens of SLAPP lawsuits, thus fostering a vibrant and open public discussion.
