Lawsuits involving intimidation are set to carry high financial costs
Revised Article:
Silencing Critics Becomes Harder with New German Law 🇩🇪
G'day mates! The German government is taking steps to make it tougher for people to file what they call "intimidation lawsuits" - these are bogus lawsuits meant to stifle unwanted contributions to public debate, like from journalists, scientists, or non-government organizations.
Hubig: Free Speech is Key
Justice Minister Stefanie Hubig put it straight: "Critical journalism, scientific inquiry, and civic engagement are crucial for our democracy. We can't let these voices be silenced by abusive lawsuits just because they don't sit well with some folks."
Activities protected under the new law include participating in protests, posting on social media, or publishing articles or research.
Quick Court Decisions and Hefty Costs
Courts should swiftly deal with clearly abusive lawsuits, making them more costly for the accuser while the defendant receives more financial relief. Accusers may also be asked to put up a bond for the defendant's anticipated legal costs. Defendants' legal bills will be partially refunded in the future, and accusers could face financial penalties. Decisions in higher court instances will be published anonymously.
The changes won't take effect until the government gives the green light to the draft bill, followed by parliament. Organizations have until August to share their thoughts on the plans.
Defending Democracy
Think of this move as a defense for our democracy, ensuring critics can speak up without fear of intimidation or legal harassment. In essence, this draft bill puts the brakes on using lawsuits as tools for suppressing dissent. Sound fair? 🤝
Now, while we don't have the specific finer details of the German draft bill yet, it's likely to include measures that aim to:
- Dismiss lawsuits meant primarily to intimidate or overwhelm critics.
- Offer defendants early dismissal or summary judgment when a lawsuit is identified as an intimidation tactic.
- Penalize plaintiffs who file lawsuits with the goal of encroaching upon free speech or public participation.
- Alleviate financial burden on defendants facing these lawsuits.
- Improve protection for journalists, activists, or advocates who engage in criticism or commentary on public matters.
- Enhance transparency and fairness in legal processes related to public debate.
These elements are typical in anti-SLAPP (Strategic Lawsuits Against Public Participation) legislation designed to uphold democratic discourse and freedom of speech. For the exact stipulations of the German government's draft bill, keep an eye out for official government releases or legislative texts. Till then, cheers! 🍻
- The new law in Germany aims to enhance the transparency and fairness in legal processes related to policy-and-legislation, politics, and general-news, by alleviating financial burden on defendants and improving protection for journalists, activists, or advocates who engage in criticism or commentary.
- The draft bill in Germany, designed to uphold democratic discourse and freedom of speech, is likely to include measures that penalize plaintiffs who file lawsuits with the intent to encroach upon free speech or public participation and offer defendants early dismissal or summary judgment when a lawsuit is identified as an intimidation tactic.
