24 Amendments of Jana TOOM related to 2021/2036(INI)
Amendment 57 #
Motion for a resolution
Recital B
Recital B
B. whereas Strategic Lawsuits Against Public Participation (SLAPPs) are lawsuits or other legal actions (e.g. injunctions, asset-freezing) based on civil and criminal law, as well as the threats of such actions, with the purpose of preventing acts of public participation including investigating and reporting on breaches of Union and national law, corruption or other fraudulent practices or of blocking public participationengaging in advocacy or activism through the exercise of legally guaranteed civil liberties;
Amendment 65 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas SLAPPs refer to claims that arise from a defendant’s public participation on matters of public interest, which are evidently unfounded and lack legal merits, and include elements that indicate abuse of rights or process laws, and consequently use the judicial process for purposes other than genuinely asserting, vindicating or exercising a right;
Amendment 89 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas SLAPPs are increasingly being used across the EU to target NGOs, civil society activists and rights defenders, including environmental activists, LGBTQI and women's rights defenders
Amendment 107 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas non-cross-border SLAPP cases are increasingly more used within the Member States, by both private companies and public entities, aiming to limit free speech and the right to information, producing a chilling effect against journalists, academics, civil society and NGO representatives, relying on psychologically and financially draining their targets in order to force them to abandon exposing matters of public interest;
Amendment 123 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Highlights that SLAPPs are a direct attack on the exercise of fundamental rights and freedoms; underlines that fundamental rights and democracy are linked to upholding the rule of law, and that undermining media freedom and public democratic participation, including freedom of expression, of information, of assembly and of association, threatens Union values as enshrined in Article 2 of the TEU; welcomes the fact that the rule of law report includes SLAPP lawsuits in its assessment of media freedom and pluralism across the Union, and points to best practices in countering them; calls for the annual report to include a thorough assessment of the legal environment for the media, and investigative journalism in particular; calls on the Commission to also issue country-specific recommendations within the framework of the annual rule of law report for future years, including for issues concerning the situation of media freedom within the Member States;
Amendment 153 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Highlights that the use of SLAPPs has a negative impact on the enjoyment of internal market freedoms by individuals and organisations engaging in public participation and vulnerable to such claims, such as journalists or civil society activists, as the absence of the same level of protection against these claims, within the jurisdictions of certain Member States, discourages them to operate confidently all across the Union;
Amendment 160 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Points out that SLAPPs constitute a misuse of Member States’ justice systems and legal frameworks, especially for successfully addressing ongoing common challenges outlined in the Justice Scoreboard, such as caseload administration and case backlogs; recalls that a properly functioning justice system delivers judgements without undue delay, and manages judicial resources so as to maximise efficiency, and that this is only possible where judges and judicial bodies are not burdened with the handling of claims that are later on dismissed as abusive and lacking in legal merit; stresses therefore that SLAPPs constitute an severe hampering of the effective access to justice;
Amendment 182 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Highlights that in recent years online hate speech has become increasingly widespread against journalists, NGOs, rights defenders, academics and other civil society actors, including those defending LGBTQI or women's rights, thus threatening media freedom, freedom of expression and public safety given that online hate speech can incite real-world violence;
Amendment 200 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that SLAPPs are often meritless, frivolous or based on exaggerated claims, and that they are not initiated for the purposes of obtaining a favourable judicial outcome but rather only to intimidate, harass, tire out, put psychological pressure on or consume the financial resources of those targeted, such as journalists, academics, civil society and NGOs, with the ultimate objective of blackmailing and forcing them into silence through the judicial procedure itself; points out that this chilling effect can lead to self- censorship, suppressing participation in democratic life, and also discourages others from similar actions, from entering into these professions or from proceeding with relevant associated activities;
Amendment 212 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Underlines that an imbalance of power between the claimant and the defendant in terms of financial resources is a common feature of SLAPPs; highlights that unpredictably large damages' award claims in matters such as libel, are capable of producing a strong chilling effect against their targets and therefore the admissibility of laying such claims should require highly careful scrutiny and very strong justifications;
Amendment 219 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses, with regard to this problem, that all Member States lack harmonised minimum standards to protect journalists, academiclegislation on and harmonization of minimum standards to sufficiently protect SLAPP targets such as journalists, academics, rights defenders, activists, civil society actors and NGOs and to ensure that fundamental rights are upheld in the Member States;
Amendment 229 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Highlights that SLAPPs are only one method to silence actors through litigation; notes with this regard the practice of publishing false claims accompanied with lists of critics by government institutions in order to defame those actors; stresses that such practices require activists, journalists and critics amongst others to pursue the matter in court which results in lengthy and costly procedures; underlines the need to combat all forms of abuse of the judicial system to undermine media freedom, whether journalists are on the complainant or defendant side of the case;
Amendment 244 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Agrees with the numerous academics, legal practitioners and victims who point to the need for legislative action against the growing problem of SLAPPs; urgently calls, therefore, for the Brussels I and Rome II Regulations to be amendmentsed in order to prevent ‘libel tourism’ or ‘forum shopping’ in defamation cases; urgently calls for the introduction of a uniform choice of law rule for defamation, including an EU wide definition, as well as for proposals for binding Union legislation on harmonised and effective safeguards for victims of SLAPPs across the Union, including through a directiventi-SLAPP legislation establishing minimum standards for protection against SLAPPs, respecting rights and principles enshrined in the EU Charter of Fundamental Rights; argues that without such legislative action, SLAPPs will continue to threaten the rule of law and the fundamental rights of freedom of expression, association and information in the Union; is concerned that if measures only address lawsuits regarding information, actions based on other civil matters or criminal procedures may still be used;
Amendment 267 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that it is essential to adopt a legislative measure protecting the role of actors engaging in public participation, such as journalists, academics, civil society and NGOs in preventing breaches of Union law and ensuring the proper functioning of the internal market; urges the Commission to present a proposal for legislation that sets out safeguards for persons investigating and, reporting on or exposing these matters of public interest; highlights that such a proposal shall include rules on the early dismissal of abusive lawsuits, alongside deterrent measures aiming to disincentivise claims intended to suppress public participation such as civil penalties or administrative fines, including cost- shifting sanctions; underlines that these measures should apply to both cross- border and non-cross border cases of SLAPPs;
Amendment 272 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that it is essential to adopt a legislative measure protecting the role of journalists, academics, civil society and NGOs in preventing breaches of Union law and ensuring the proper functioning of the internal market; highlights that legislative measures should protect everyone affected by SLAPPs; urges the Commission to present a proposal for legislation that sets out safeguards for persons investigating and reporting on these matters of public interest;
Amendment 291 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Urges the Commission to present a proposal for a measure that develops judicial cooperation in civil matters so as to address cross-border SLAPP cases by providing for rules on the early dismissal of abusive lawsuits and other actions in court that have the purpose of preventing public participation, which should include dissuasive cost-shifting sanctions, consideration of abusive motives even if the lawsuit or action is not dismissed, costs and damages; calls on the Commission, further, to address questions giving rise to forum shopping and libel tourism in a forthcoming review of the Brussels Ia and Rome II Regulations;
Amendment 343 #
Motion for a resolution
Annex – point 1– part I –indent 1
Annex – point 1– part I –indent 1
for general rules providing protection against SLAPPs, specifically legislation that sets common minimum standards on procedural safeguards and other preventive, supporting and deterrent measures providing protection from SLAPPs;
Amendment 343 #
Motion for a resolution
Annex – point 1– part I –indent 1
Annex – point 1– part I –indent 1
for general rules providing protection against SLAPPs, specifically legislation that sets common minimum standards on procedural safeguards and other preventive, supporting and deterrent measures providing protection from SLAPPs;
Amendment 353 #
Motion for a resolution
Annex – point 1– part II –indent 3
Annex – point 1– part II –indent 3
the creation of a specific Union fund to provide financial support to victims of SLAPPs, especially for legal defence;
Amendment 353 #
Motion for a resolution
Annex – point 1– part II – indent 3
Annex – point 1– part II – indent 3
the creation of a specific Union fund to provide financial support to victims of SLAPPs, especially for legal defence;
Amendment 387 #
Motion for a resolution
Annex – point 2– part II – point da (new)
Annex – point 2– part II – point da (new)
(da) the definition of SLAPPs
Amendment 388 #
Motion for a resolution
Annex – point 2– part II – point db (new)
Annex – point 2– part II – point db (new)
(db) the right to file a motion for dismissal before the competent court or tribunal that is granted to a defendant against whom a claim is asserted
Amendment 388 #
Motion for a resolution
Annex – point 2– part II – point da (new)
Annex – point 2– part II – point da (new)
(da) the definition of SLAPPs
Amendment 389 #
Motion for a resolution
Annex – point 2– part II – point db (new)
Annex – point 2– part II – point db (new)
(db) the right to file a motion for dismissal before the competent court or tribunal that is granted to a defendant against whom a claim is asserted