SLAPPs and vexatious lawsuits related to public participation: readings and resources

Compiled by Fenna van Haeften
December 2024

This reading list focuses on Strategic Lawsuits against Public Participation (SLAPPs). SLAPPs are vexatious lawsuits intended to silence, censor or intimidate those participating in public debate, such as journalists, NGOs, bloggers, activists and other public watchdogs.  SLAPPs pose a growing threat to freedom of expression in Europe and demand regulatory and policy responses. The aim of this reading list is to contribute to the mapping of the phenomenon and of regulatory, policy and academic engagement with SLAPPs.

Legal and policy instruments:

Council of Europe: Committee of Ministers

• Recommendation CM/Rec(2016)4 of the Committee of Ministers to member States on the protection of journalism and safety of journalists and other media actors, 13 April 2016;
• Recommendation CM/Rec(2018)2 of the Committee of Ministers to member States on the roles and responsibilities of internet intermediaries, 7 March 2018;
• Recommendation CM/Rec(2024)2 of the Committee of Ministers to member States on countering the use of strategic lawsuits against public participation (SLAPPs), 5 April 2024.

Council of Europe: Parliamentary Assembly

• Resolution 1577 (2007), Towards decriminalisation of defamation, 4 October 2007;
• Recommendation 1814 (2007), Towards decriminalisation of defamation, 4 October 2007;
• Resolution 2317 (2020), Threats to media freedom and journalists’ security in Europe, 28 January 2020;
• Recommendation 2168 (2020), Threats to media freedom and journalists’ security in Europe, 28 January 2020;
• Resolution 2531 (2024), Countering strategic lawsuits against public participation (SLAPPs): an imperative for a democratic society, 25 January 2024;
• Recommendation 2267 (2024), Countering strategic lawsuits against public participation (SLAPPs): an imperative for a democratic society, 25 January 2024.

Yearly reports from the partner organisations to the Council of Europe

• Partner organisations to the Council of Europe Platform to Promote the Protection of Journalism and Safety of Journalists, Hands off Press Freedom: Attacks on Media in Europe Must not Become a New Normal (Annual Report 2020; Strasbourg, Council of Europe, 2020), p. 21-23;
• Partner organisations to the Council of Europe Platform to Promote the Protection of Journalism and Safety of Journalists, Wanted! Real action for media freedom in Europe (Annual Report 2021; Strasbourg, Council of Europe, 2021), p. 30-37;
• Partner organisations to the Council of Europe Platform to Promote the Protection of Journalism and Safety of Journalists, Defending Press Freedom in Times of Tension and Conflict (Annual Report 2022; Strasbourg, Council of Europe, 2022), p. 48-50;
• Partner organisations to the Council of Europe Platform to Promote the Protection of Journalism and Safety of Journalists, War in Europe and the Fight for the Right to Report (Annual Report 2023; Strasbourg, Council of Europe, 2023), p. 51-53;
• Partner organisations to the Council of Europe Platform to Promote the Protection of Journalism and Safety of Journalists, Press Freedom in Europe: Time to Turn the Tide, (Annual Report 2024; Strasbourg, Council of Europe, 2024), p. 53-57.

European Union: European Commission

• European Commission Recommendation of 16 September 2021 on ensuring the protection, safety and empowerment of journalists and other media professionals in the European Union, OJ L 331;
• European Commission Recommendation of 27 April 2022 on protecting journalists and human rights defenders who engage in public participation from manifestly unfounded or abusive court proceedings (‘Strategic lawsuits against public participation’), OJ L 138 [also relevant: analytical supporting document].

European Union: European Parliament

• Regulation (EU) No. 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II), OJ L 2007/199;
• Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast), OJ L 2012/351;
• European Parliament Resolution of 25 November 2020 on strengthening media freedom: the protection of journalists in Europe, hate speech, disinformation and the role of platforms (2020/2009(INI));
• European Parliament resolution of 11 November 2021 on strengthening democracy and media freedom and pluralism in the EU: the undue use of actions under civil and criminal law to silence journalists, NGOs and civil society, OJ C 205 (2021/2036(INI));
• Directive of the European Parliament and of the Council of 11 April 2024 on protecting persons who engage in public participation from manifestly unfounded claims or abusive court proceedings (‘Strategic lawsuits against public participation’), OJ L, 2024/1069.

OSCE

• OSCE Ministerial Council Decision No. 03/18, “Decision on the Safety of Journalists”, 7 December 2018, Doc. No. MC.DEC/3/18.

OSCE, UN, OAS, ACHPR

• OSCE Representative on Freedom of the Media, UN Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression, OAS Special Rapporteur on Freedom of Expression, ACHPR Special Rapporteur on Freedom of Expression and Access to Information in Africa, Joint Declaration on Politicians and Public Officials and Freedom of Expression, 2021;
• OSCE Representative on Freedom of the Media, UN Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression, OAS Special Rapporteur on Freedom of Expression, ACHPR Special Rapporteur on Freedom of Expression and Access to Information in Africa, Joint Declaration on the Freedom of Expression and Gender Justice, 2022;
• OSCE Representative on Freedom of the Media, UN Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression, OAS Special Rapporteur on Freedom of Expression, ACHPR Special Rapporteur on Freedom of Expression and Access to Information in Africa, Joint Declaration on the Climate Crisis and Freedom of Expression, 2024.

Freely available online resources:

• Eduardo Álvarez-Armas, Rome II in the Face of Human-Rights Challenges: The Law Applicable to SLAPPs and to Human-Rights-Related Torts (Leuven, Cahiers du CeDIE Working Papers, 2021);
• Onur Andreotti (ed.), Journalism at risk: Threats, challenges and perspectives (Strasbourg, Council of Europe Publishing, 2015);
• ARTICLE 19 (ed.), How are courts responding to SLAPPs? Analysis of selected court decisions from across the globe (New York, Columbia University: Global Freedom of Expression, 2023);
• ARTICLE 19, SLAPPs against journalists across Europe (London, ARTICLE 19, 2022);
• ARTICLE 19: Global Expression Report;
• Judith Bayer et al., Strategic Lawsuits Against Public Participation (SLAPP) in the European Union: A comparative study (Brussels, EU-CITIZEN Network, 2021);
• Justin Borg-Barthet, The Brussels Ia Regulation as an Instrument for the Undermining of Press Freedoms and the Rule of Law: An Urgent Call for Reform (Aberdeen (UK), Aberdeen School of Law Working Papers, 2020);
• Justin Borg-Barthet, Benedetta Lobina and Magdalena Zabrocka, The Use of SLAPPs to Silence Journalists, NGOs and Civil Society (Brussels, European Parliament, 2021);
• Ton van den Brandt, Special Report: Legal Harassment and Abuse of the Judicial System against the Media (Vienna, OSCE: Office of the Representative on Freedom of the Media, 2021);
• Business & Human Rights Resource Centre: SLAPPs Database;
• Coalition Against SLAPPs in Europe, Shutting out Criticism: How SLAPPs threaten European democracy (Amsterdam, CASE 2022);
• Coalition Against SLAPPs in Europe, SLAPPs in Europe: How the EU can protect watchdogs from abusive lawsuits (Amsterdam, CASE, 2022);
• Coalition Against SLAPPs in Europe, SLAPPs: A Threat to Democracy Continues to Grow (Amsterdam, CASE, 2023);
• Coalition Against SLAPPs in Europe, CASE Guidebook: How to prevent SLAPPs or get help if it’s too late (Amsterdam, CASE, 2024);
• Coalition Against SLAPPs in Europe, SLAPPs in Europe: Mapping Trends and Cases (Amsterdam, CASE, 2024);
• Committee for Media and Information Society, Study on the alignment of laws and practices concerning defamation with the relevant case-law of the European Court of Human Rights on freedom of expression, particularly with regard to the principle of proportionality, (Strasbourg, Council of Europe: Directorate General of Human Rights and Legal Affairs, 2012);
• Susan Coughtrie, London Calling: The Issue of legal intimidation and SLAPPs against media emanating from the United Kingdom (London, The Foreign Policy Centre, 2022);
• Mark Hanna, “SLAPPs: What are they? And how should defamation law be reformed to address them?”, Journal of Media Law 2024/16(1), 118-145;
• Tanja Kerševan and Melita Poler, “Silencing journalists in matters of public interest: Journalists and editors assessments of the impact of SLAPPs on journalism”, Journalism 2024/25(12), p. 2485-2503;
• Tarlach McGonagle, Freedom of Expression and Defamation (Strasbourg, Council of Europe Publishing, 2016);
• Tarlach McGonagle et al., Safety of journalists and fighting corruption in the EU, (Brussels, European Parliament, 2020);
• Tarlach McGonagle (ed.) and Dirk Voorhoof (et al.),  Freedom of Expression, the Media and Journalists: Case-law of the European Court of Human Rights, IRIS Themes, Vol. III, 9th edition (Strasbourg, European Audiovisual Observatory, 2024);
• Media Freedom Rapid Response: Monitor;
• Jessica Ní Mhainín, “Fighting back against the menace of SLAPPs”, Index on Censorship 2021/50(1), p. 12-13;
• Jessica Ní Mhainín, A gathering storm: The laws being used to silence the media (London, Index on Censorship, 2019);
• OSCE, Legal Harassment (Special Report on the Fifth Roundtable of the Safety of Journalists Project), 2 August 2023;
• Emeric Prévost, Liability and jurisdictional issues in online defamation cases (Strasbourg, Council of Europe Publishing, 2019);
• Linda Maria Ravo, Justin Borg-Barthet & Xandra Kramer, Protecting Public Watchdogs across the EU: A Proposal for EU Anti-SLAPP Law (London, Article 19, 2020);
• Dirk Voorhoof, “OOO Memo v. Russia: ECtHR prevents defamation claims by executive bodies”, strasbourgobservers.com, 1 April 2022.

 Key (reference) works available through institutional access:

• George W. Pring, ‘SLAPPs: Strategic Lawsuits against Public Participation’, Pace Environmental Law Review 1989/7.

Standard works:

• George W. Pring and Penelope Canan, SLAPPs: Getting Sued for Speaking Out, (Philadelphia, Temple University Press, 1996).