German government introduces bill against SLAPP lawsuits
Is Germany putting a stop to strategic lawsuits against public participation (SLAPPs) targeting environmental activists and journalists? The German government has introduced a bill intended to make SLAPPs more difficult. Rainforest Rescue itself was the target of such a lawsuit and welcomes the draft, but also has criticism.
We consider it positive that the German government is addressing the issue of intimidation claims, also known as SLAPPs, with the seriousness it deserves. Only a few months ago, the Ministry of Justice appeared to see little need for action, even though Germany is obligated to implement an EU directive. This obligation is now being met through the bill proposed by Federal Minister of Justice Stefanie Hubig, which you can view here (in German).
We welcome the government’s intention to expand the law’s scope to cover domestic lawsuits, rather than limiting it to cross-border cases. Furthermore, courts should be empowered to quickly decide on and dismiss clearly abusive lawsuits. The bill is designed to increase the costs for plaintiffs who file SLAPPs while providing financial relief to victims, for example by covering their legal fees.
Protection against threats and warnings of legal action is overdue
However, the draft law contains significant loopholes; for example, it excludes threats and warnings of legal action. These are often used to intimidate environmentalists, activists, and journalists.
Despite these shortcomings, the bill represents meaningful progress. It also builds on our efforts: with our petition “Protect democracy now: Stop abusive lawsuits,” we advocated for an EU directive against SLAPPs. We are also active in the European CASE network and the German working group. Together with partner organizations, we personally delivered 213,432 signatures to then-EU Commissioner Věra Jourová in Brussels. The vice president of the European Commission was instrumental in ensuring that this directive was adopted.
If such a law and EU directive had existed earlier, we might have been spared the intimidation lawsuit brought by the Indonesian company Korindo. For three years, fighting accusations meant to silence us consumed our efforts and cost us valuable time. Ultimately, the company dropped all claims as part of a settlement.
The draft bill will now be reviewed at the association hearing and then submitted to the Bundestag. There is still an opportunity to strengthen – or water down – the law.
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Protect democracy now: stop abusive lawsuits!
All over the EU, the rich and powerful are suing their critics in an effort to shut them up. We need EU protection against these SLAPP suits.
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