SLAPP lawsuits: dragging democracy into the dock

In Germany, a total of 20 new SLAPPs were recorded in 2024. Only Italy had more, with 21. In Hungary, which is often criticized for its weakened rule of law, there were only 12.

This disproves the claim that intimidation lawsuits are not a problem in Germany.

In total, 167 new abusive lawsuits were added to the database of the Coalition Against SLAPPs in Europe (CASE) and the Daphne Caruana Galizia Foundation. In most cases, SLAPP victims were accused of defamation. They include mostly journalists and media outlets, but also many activists and nongovernmental organizations – among them environmental groups. Environmental topics are particularly frequent targets of SLAPPs.

The EU has recognized the threat and adopted a European directive against intimidation lawsuits. However, member states still need to implement it in national law.

Unfortunately, the German government’s draft law is far too weak. It does not cover the extrajudicial area, such as unfounded cease-and-desist notices, applies only to cross-border cases, excluding domestic proceedings, and imposes financial penalties that are not sufficiently deterrent for those who abuse the law.

The key findings of the study

The main findings of the report “SLAPPs in Europe – Democracy in the Dock are as follows:

• Since 2010, a total of 1,303 SLAPP cases have been documented in Europe, including 167 in 2024 alone. Beyond defamation, an increasing number concern data privacy and intellectual property. These findings underline the urgent need for effective legislation to protect against intimidation lawsuits at both national and international levels.

• The vast majority of SLAPP cases are domestic, underscoring the need for strong national legislation.

• The EU Anti-SLAPP directive represents real progress, introducing key protections such as early dismissal, full cost recovery, and penalties for abusive plaintiffs.

• The 1,303 SLAPPs covered by the report are just the “tip of the iceberg.” Most intimidation attempts occur before any lawsuit is filed, through aggressive legal notices and cease-and-desist demands. Many threats never become public.

• Between 2010 and the end of 2024, most SLAPP plaintiffs held positions of power in business or politics.

• Corruption, economic issues, government actions, and environmental concerns remain the areas most likely to trigger SLAPPs when the public becomes engaged.

“The continued prevalence and sophisticated use of SLAPPs indicate that countries should not underestimate the threat they present to human rights, democracy, and the rule of law,” CASE concludes in the study.