Streamlining Legal Proceedings Against Frivolous Lawsuits: Minister Hubig's Crusade Against Strategic Lawsuits (SLAPPs)
Modifies lawsuit barriers for intimidation cases, proposing changes by Hubig.
Barricading the path for strategic lawsuits that aim to muffle free speech, Justice Minister Stefanie Hubig presents a new law to bolster Germany's resilience against such malicious legal tactics. As intimidation lawsuits engulf individuals, organizations, journalists, and researchers, necessitating them to invest significant resources in self-defense, Hubig vows to tackle this issue, ensuring these voices remain unsuppressed.
In the prevailing political climate, social media giants like TikTok find themselves under scrutiny as Hubig advocates for an age limit for digital platforms' use, targeting users younger than 16. Lawyers denote such lawsuits as unwarranted, often initiated by parties with considerable influence for the sole purpose of quelling unwelcome public discourse—a systematic practice known as SLAPPs. This new legislation aims to combat such strategic lawsuits, which can jeopardize the free flow of information and public opinion.
This proposed bill is reminiscent of the EU's anti-SLAPP directive, currently being implemented by various nations, including Germany. Anticipating the law's publication this Friday, details such as a quicker trial process and elevated fees for plaintiffs are expected to feature as deterrent measures. Although the precise terms of the German proposal remain undisclosed, they are likely to encompass the following key components, drawn from the broader European context:
- Facilitating swift dismissal: The legislation shall streamline the dismissal process to thwart abusive lawsuits that unnecessarily prolong legal battles, often targeting activists, journalists, and NGOs.
- Protecting freedom of expression: The law will unequivocally safeguard those who voice opinions on matters of public importance, such as social justice or environmental protection, in good faith.
- Legal and financial aid: Protection provisions will likely include legal assistance, covering costs, and even imposing penalties against plaintiffs found guilty of filing SLAPPs designed to silence dissent.
- Deterrence: The law may impose punitive measures against entities abusing the legal system to stifle opposing viewpoints, discouraging large corporations from filing frivolous lawsuits.
- Adherence to EU directives: Germany’s anti-SLAPP law will align with the EU’s broader directive, as witnessed in Greenpeace International’s recent lawsuit against Energy Transfer in the Netherlands, employing the EU’s anti-SLAPP framework to combat corporate intimidation lawsuits.
Hubig has made it clear that the new law will preserve the option to file lawsuits while instilling consequences for abusive suits. This will be manifested through higher fees and expedited proceedings, ensuring court action is not used to cause inconvenience for those engaged in public life. In essence, Minister Hubig's proposed law seeks to bolster protections for freedom of opinion, while ensuring the legal system is not misused to undermine public participation and dissent.
Source: ntv.de, mau
- Stefanie Hubig
- Federal Ministry of Justice
- Lawsuits
- Age limit for Social Media
Stefanie Hubig, from the Federal Ministry of Justice, is aggressively pursuing a new law to combat strategic lawsuits aimed at silencing free speech, particularly in politics, policy-and-legislation, and general-news. This legislation, anticipated to be published this Friday, is expected to include measures such as facilitating swift dismissal, protecting freedom of expression, legal and financial aid, deterrence, and adherence to EU directives. The law aims to streamline the dismissal process for frivolous lawsuits, safeguard individuals and organizations from intimidation, and impose penalties on plaintiffs found guilty of filing strategic lawsuits against public participation and dissent.
