114 Amendments of Manon AUBRY related to 2021/2036(INI)
Amendment 6 #
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
— having regards to Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law4a _________________ 4a OJ L 305, 26.11.2019, p. 17–56
Amendment 10 #
Motion for a resolution
Citation 26 a (new)
Citation 26 a (new)
— having regard to LGBTIQ Equality Strategy (2020-2025) (COM(2020)698),
Amendment 24 #
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas freedom of expression constitutes one of the essential foundations of a democratic society and is a fundamental right that is indispensable for the realisation of the principles of transparency and accountability; whereas publications which contribute to debates on matters of public interest or general concern enjoy a higher threshold of protection; whereas the limits of acceptable criticism are wider for public figures, especially politicians, State officials and employees;
Amendment 26 #
Motion for a resolution
Recital A
Recital A
A. whereas the freedom to express different thoughts, ideas and views and to participate in public debate is the basis of democracies; whereas independent journalism and access to pluralistic information are key pillars of democracy; whereas civil society is essential for any democracy to thrive, as it contributes to citizens' understanding of participation in public matters and their involvement in the governance of their own communities; whereas silencing or suppressing views on public matters runs against democracy and fundamental rights and hence against Article 2 of the TEU;
Amendment 30 #
Motion for a resolution
Recital A
Recital A
A. whereas independent journalism and access to pluralistic information are key pillars of democracy; whereas civil society is essential for any democracy to thrive and the shrinking of the space available for civil society work can negatively impact democracies;
Amendment 34 #
Motion for a resolution
Recital A
Recital A
A. whereas independent journalism and access to pluralistic information are key pillars of democracy; whereas civil society isand public participation are essential for any democracy to thrive;
Amendment 51 #
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 civilbased on civil, administrative and criminal law, as well as the threats of such actions, with the purpose of preventing reporting on breaches of Union and national law, corruption or other fraudulent practices or of blocking public participor otherwise undermining public participation; whereas public participation includes but is not limited to investigating, speaking about, reporting or otherwise exposing matters of public interest, in particular breaches of Union and national law, corruption or other fraudulent practices as well as practices that potentially threaten fundamental rights and freedoms, democracy, the rule of law or good governance, and engaging in advocacy through the exercise of civil liberties such as the freedom of association, freedom of peaceful assembly and freedom of expression and of information;
Amendment 60 #
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 reporting on breaches of Union and national law, corruption or other fraudulent practices or of blocking public participation; and freedom of expression and of assembly
Amendment 64 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas SLAPPs are initiated by state organs, business corporations and individuals who hold power of one kind or another against weaker parties, such as journalists, civil society organisations, human rights defenders and others, who express criticism or transmit uncomfortable messages to the powerful, on public matters;
Amendment 66 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas SLAPPs constitute an abuse of judicial processes which main purpose is not to obtain justice but to silence opposing voices by draining their financial, psychological, time or other resources;
Amendment 67 #
Motion for a resolution
Recital B b (new)
Recital B b (new)
B b. whereas, according to civil society organisations that work to expose the worst SLAPP offenders and their preferred techniques, SLAPPs are becoming more sophisticated and more effective, with one of the techniques used being multiple lawsuits launched against the same person for the same subject matter, meaning that all of them have to be defended and dealt with simultaneously and in parallel by the same person, which increase costs disproportionally; whereas SLAPPs are often grounded in claims of defamation, libel or slander, which still constitute criminal offences in most Member States, and SLAPP targets find themselves to face criminal charges while being sued at the same time for civil liability purportedly arising from the same conducts;
Amendment 68 #
B b. whereas SLAPPs violate Article 54 of the Charter of fundamental rights of the European Union that prohibits abuses of rights; whereas SLAPPs often infringe upon victims’ right to a fair trial, the presumption of innocence and right of defence recognised by the Charter of fundamental rights of the European Union;
Amendment 69 #
Motion for a resolution
Recital B c (new)
Recital B c (new)
B c. whereas SLAPPs infringe upon fundamental rights and freedoms enshrined in the Charter of fundamental rights of the European Union including freedom of expression and information, freedom of assembly and association;
Amendment 70 #
Motion for a resolution
Recital C
Recital C
C. whereas SLAPPs have become an increasingly widespread practice used against journalists, academics, civil societypublic watchdogs, civil society actors and other actors engaging in public participation or facilitating it, including journalists, academics, rights defenders, whistleblowers, activists, political representatives and NGOs, as demonstrated by many cases throughout the Union, such as the chilling case of investigative journalist Daphne Caruana Galizia, who was reportedly facing 47 civil and criminal defamation lawsuits, (resulting in the freezing of her assets) on the day of her strongly condemned assassination on 16 October 2017, and the lawsuits her heirs continue to face; whereas other illustrative and alarming cases against independent journalists and media include Realtid Media, which was repeatedly threatened with a lawsuit in a different jurisdiction from where the reporting in question took place, and Gazeta Wyborcza, which continues to be sued by a number of public entities and officials on a regular basis and the Slovenian investigative news outlet Necenzurirano recently hit by a barrage of 39 lawsuits; whereas evidence shows how SLAPPs are increasingly being used across the EU to target NGOs, activists and rights defenders, including environmental activists and LGBTQI rights defenders;
Amendment 71 #
Motion for a resolution
Recital C
Recital C
C. whereas SLAPPs have become an increasingly widespread practice used against journalists, academics, civil societypublic watchdogs, civil society actors and other actors engaging in public participation, including journalists, academics, rights defenders, whistleblowers, activists and NGOs, as demonstrated by many cases throughout the Union, such as the chilling case of investigative journalist Daphne Caruana Galizia, who was reportedly facing 47 civil and criminal defamation lawsuits, (resulting in the freezing of her assets) on the day of her strongly condemned assassination on 16 October 2017, and the lawsuits her heirs continue to face; whereas other illustrative and alarming cases against independent journalists and media include Realtid Media, which was repeatedly threatened with a lawsuit in a different jurisdiction from where the reporting in question took place, and Gazeta Wyborcza, which continues to be sued by a number of public entities and officials on a regular basis and the Slovenian investigative news outlet Necenzurirano, which was recently hit by a barrage of 39 lawsuits; whereas evidence shows how SLAPPs are increasingly being used across the EU to target NGOs, activists and rights defenders, including humanitarian aid workers, environmental activist and LGBTQI rights defenders;
Amendment 72 #
Motion for a resolution
Recital C
Recital C
C. whereas SLAPPs have become an increasingly widespread practice used against journalists, academics, civil society and NGOs, as demonstrated by many cases throughout the Union, such as the chilling case of investigative journalist Daphne Caruana Galizia, who was reportedly facing 47 civil and criminal defamation lawsuits, (resulting in the freezing of her assets) on the day of her strongly condemned assassination on 16 October 2017, and the lawsuits her heirs continue to face; whereas other illustrative and alarming cases include Realtid Media, which was repeatedly threatened with a lawsuit in a different jurisdiction from where the reporting in question took place, and Gazeta Wyborcza, which continues to be sued by a number of public entities and officials on a regular basis; whereas for example, the Bolloré Group has filled around 30 lawsuits since 2009 against journalists, NGOs, and broadcasting companies or ENI (one of the largest oil and gascompanies in the world) which frequently filed SLAPPs and issued legal threatsagainst critics targeting 29 articles published by the newspaper Il FattoQuotidiano in December 2020 alone.
Amendment 83 #
Motion for a resolution
Recital C
Recital C
C. whereas SLAPPs have become an increasingly widespread practice used against journalists, academics, civil society andhuman rights defenders and civil society organisations, including NGOs, as demonstrated by many cases throughout the Union, such as the chilling case of investigative journalist Daphne Caruana Galizia, who was reportedly facing 47 civil and criminal defamation lawsuits, (resulting in the freezing of her assets) on the day of her strongly condemned assassination on 16 October 2017, and the lawsuits her heirs continue to face; whereas other illustrative and alarming cases include Realtid Media, which was repeatedly threatened with a lawsuit in a different jurisdiction from where the reporting in question took place, and Gazeta Wyborcza, which continues to be sued by a number of public entities and officials on a regular basis;
Amendment 85 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas the LGBTIQ Equality Strategy acknowledges that civil society organisations protecting and advancing the rights of LGBTIQ people increasingly report that they face hostility, coinciding with the rise of the anti-gender (and anti- LGBTIQ) movement; whereas LGBTI activists are often the targets of defamation campaigns due to their advocacy work for LGBTI equality; whereas Polish activists such as the ‘Atlas of Hate’ group and the creator of the ‘LGBT-free zone’ photo project (Bart Staszewski) are currently facing several SLAPP cases and are liable for dozens of thousands of euros if they lose them;
Amendment 86 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas SLAPPs against civil society, journalists and human rights defenders often serve the purpose of harassing them and their activities, often causing them to consider whether to continue exercising their freedom of expression or to instead exercise self- censorship and restraint in order to avoid legal repercussions; whereas many civil society organisations, including NGOs, journalists and human rights defenders may consider the trade-off to be too costly and instead opt for self-censorship; whereas this illustrates the ‘chilling effect’ SLAPPs have on those seeking to exercise rights freely;
Amendment 90 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas SLAPPs are most often a way for powerful and resourceful actors to replace public debate by judicial battles where their resources allow them to bully less powerful actors;
Amendment 93 #
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. whereas an increasing number of SLAPPs are brought forward by business actors in a wider context of attacks against people raising the alarm about irresponsible business practices; whereas a study by the Business and Human Rights Resource Center found 355 cases of SLAPPs brought or initiated by business actors between January 2015 and May 2021 globally;
Amendment 96 #
Motion for a resolution
Recital C c (new)
Recital C c (new)
C c. whereas members of governments, public entities and authorities are increasingly making use of SLAPPs in the European Union, including in a wider context of backlash against democracy, the rule of law and fundamental rights; whereas judicial independence is paramount to prevent public authorities from succeeding in bringing SLAPPs against people and organisations rightfully participating in the public debate;
Amendment 98 #
Motion for a resolution
Recital D
Recital D
D. whereas SLAPPs within the Union are often cross-border in nature, which results in reporting delays as illustrated in many cases, often relating to cases of environmental protection, financial fraud and/or corruption, where they constitute a clear attempt to delay publication of information by halting or discrediting the work of individual journalists and publishing entities, hence depriving citizens of their right to information; whereas SLAPPs and SLAPP threats may also be brought against watchdogs within the Union by actors in third countries and before courts in third countries;
Amendment 101 #
Motion for a resolution
Recital D
Recital D
D. whereas SLAPPs within the Union are often cross-border in nature, which results in reporting delays as illustrated in many cases, often relating to cases of environmental protection, financial fraud and/or corruption, where they constitute a clear attempt to delay publication of information by halting or discrediting the work of individual journalists and publishing entities, hence depriving citizens of their right to information; whereas SLAPPs and SLAPPs threats may be brought by actors in third countries and before courts in third countries;
Amendment 106 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas the criminalisation of journalists for their work is a particularly grave issue; whereas criminal defamation is still maintained in 23 Member States, in spite of the repeated calls for its abolition by the UN, the Council of Europe, OSCE and prestigious NGOs such as Index on Censorship, the International Press Institute and the Committee to Protect Journalists; whereas journalists should not be imprisoned or threatened with a prison sentence for defamation; whereas Member States should not impose criminal sanctions for media offences except in cases where other fundamental rights have been seriously impaired, for instance in the case of hate speech or incitement to violence or terrorism, and they should ensure that these sanctions are not applied in a discriminatory or arbitrary way against journalists;
Amendment 110 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas SLAPPs have lasting deteriorating effects on the public debate by generally deterring public participation; whereas SLAPPS also have lasting negative effects on associations and on individuals, such as irreversible loss of resources, reputational damages, psychological suffering and health issues;
Amendment 113 #
Motion for a resolution
Recital D b (new)
Recital D b (new)
D b. whereas the detention and criminal prosecution of Mr Julian Assange set a dangerous precedent for journalists, and Mr Assange’s extradition to the United States should be barred and he should be promptly released, as affirmed and recommended by the Parliamentary Assembly of the Council of Europe in its Resolution 2317 (2020) on 'threats to media freedom and journalists' security in Europe';
Amendment 115 #
Motion for a resolution
Recital D c (new)
Recital D c (new)
D c. whereas Member States should ensure that respect for the right of journalists to protect their sources is protected, in tandem with an appropriate normative, judicial and institutional framework to protect whistle-blowers and whistle-blowing facilitators;
Amendment 119 #
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Calls on the Member States to create an enabling and favourable media environment and to review to this end their legislation, seeking to prevent any misuse of different laws or provisions which may impact on media freedom which are too often applied to intimidate and silence journalists;
Amendment 125 #
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 and information, media freedom and rights to peaceful assembly and associpation - threatens Union values as enshrined in Article 2 of the TEU; welcomes the fact that the 2020 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 2021 and subsequent annual reports to include a thorough assessment of the legal environment for the media, and investigative journalism in particular, and to look more thoroughly at challenges affecting civil society, including as regards SLAPPs targeting NGOs, activists and rights defenders;
Amendment 128 #
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 freedom of expression, freedom of assembly, media freedom and public democratic participation 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 as well as the chilling effect that SLAPPs can have on civil society, human rights defenders and activists;
Amendment 133 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Highlights that SLAPP lawsuits are but one threat to a free and pluralist media, with others including commercial pressures and imperatives; political pressure; journalistic self-censorship on issues of particular controversy; career precarity and heavy journalist workloads; pressure on journalists to maintain access to elite sources through uncritical reporting; and career promotion being closed off to journalists who breach unspoken and internalised assumptions regarding the correct ‘line’ on issues of particular controversy, in particular regarding foreign policy;
Amendment 138 #
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Denounces the fact that SLAPPs are purely vexatious in nature and that their aim is to stifle legitimate criticism; strongly condemns that SLAPPs divert the victims' time, energy and resources, and have a profoundly intimidating effect; underlines that the chilling impact of SLAPPs goes beyond the individual case and has the overall effect of discouraging public participation and speech; stresses that the EU and the Member States share the responsibility to prevent SLAPPs from undermining everyone’s right to know;
Amendment 141 #
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1 c. Calls on the Member States to recognize the serious harm SLAPPs cause to those speaking out against injustice and drawing attention to risks or irresponsible practices by business actors; believes that Member States should reform any laws that criminalise freedom of expression, assembly, and association, and facilitate an environment where criticism is part of healthy debate on any issue of public concern; is of the opinion that businesses should be held accountable for any acts of retaliation against journalists, rights defenders, whistleblowers, activists and NGOs;
Amendment 150 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises that public participation also has an important role to play in the proper functioning of the internal market, as it is often through public participation that breaches of Union law, corruption and other practices threatening the proper functioning of the internal market or more broadly issues of public interest are made known to the public;
Amendment 151 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises that public participation also has an important role to play in the proper functioning of the internal market, as it is often through public participation that breaches of Union law, including fundamental rights, corruption and other practices threatening the proper functioning of the internal market are made known to the public;
Amendment 174 #
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 rights, SRHR and those challenging racial inequality and documenting its real-world effects, thus threatening media freedom, freedom of expression, equality and public safety given that online hate speech can incite real-world violence;
Amendment 177 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Highlights that in recent years online hate speech has become increasingly widespread against journalists, NGOs, academics and, civil society organisations, including NGOs, and human rights defenders, including those defending LGBTQIQ rights, thus threatening media freedom, freedom of expression and assembly, as well as public safety given that online hate speech can incite real-worldoffline violence;
Amendment 179 #
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 rights, thus threatening media freedom, freedom of expression and information, equality and public safety given that online hate speech can incite real-world violence;
Amendment 191 #
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 journalists, academics, civil society and NGOsthose they target, with the ultimate objective of blackmailing and forcing them into silence through the judicial procedure itself; stresses that SLAPPs cause not only a financial burden but also bear dire psychological consequences for their targets as well as their family members, aggravated by the fact that the latter may also inherit those abusive proceedings upon the target’s death, as it happened to the husband and sons of Daphne Caruana Galizia; points out that this chilling effect caoften leads 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 197 #
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 journalists, academics, civil society and NGOs,organisations, including NGOs, and human rights defenders 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 207 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Points out that litigants that resort to SLAPPs use and abuse criminal defamation laws, administrative law, civil lawsuits for libel, protection of one’s reputation or based on intellectual property rights such as copyright, but also that a variety of other instruments is misused to silence public participation, such as labour sanctions (dismissal), criminal charges of tax fraud, tax audit procedures and abuse of data protection rules;
Amendment 211 #
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 and other resources is a common feature of SLAPPs; condemns the growing use of SLAPPs by members of governments, public entities and public authorities in the European Union in a wider context of backlash against democracy, the rule of law and fundamental rights; stresses that judicial independence is paramount to prevent members of governments, public entities and public authorities to succeed in bringing SLAPPs against people and organisations rightfully participating in the public debate; underlines that a legislative proposition should cover abusive administrative legal procedures along with civil and criminal litigation;
Amendment 215 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. condemns the increasing use of SLAPPs by business actors in a wider context of attacks against people raising the alarm about irresponsible business practices;
Amendment 221 #
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, academics, civil society and NGOs andsufficiently protect targets such as journalists, academics, rights defenders, whistleblowers, activists, NGOs and other potential victimes to ensure that fundamental rights are upheld in the Member States;
Amendment 224 #
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, academics, civil society and NGOorganisations, including NGOs, and human rights defenders and to ensure that fundamental rights are upheld in the Member States;
Amendment 250 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Agrees with the numerous civil society organisations, 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’; urgently calls for the introduction of a uniform choice of law rule for defamation, as well as for proposals for binding Union legislation on harmonised and effective safeguards for victims of SLAPPs across the Union, including through a directive; argues that without such legislative action, SLAPPs will continue to threaten democracy and the rule of law and the, fundamental rights of freedoms of expression and information, association and informationpeaceful assembly in the Union; is concerned that if measures only address lawsuits regarding infordefamation, actions based on other civil mattersadministrative, civil or criminal procedures may still be used;
Amendment 251 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Agrees with the numerous civil society organisations, 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 amendments in order to prevent ‘libel tourism’ or ‘forum shopping’; urgently calls for the introduction of a uniform choice of law rule for defamation, as well as for proposals for binding Union legislation on harmonised and effective safeguards for victims of SLAPPs across the Union, including through a directive; argues that without such legislative action, SLAPPs will continue to threaten the rule of law and the fundamental rights of freedom of expression, assembly, association and information in the Union; is concerned that if measures only address lawsuits regarding infordefamation, actions based on other civil matters or criminal procedures may still be used;
Amendment 255 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. urgently call the European Commission to come forward with a proposition for a directive against SLAPPs; underlines that non-binding recommendations to Member States would fail to address the issue and protect democratic participation and fundamental rights; believes that a Regulation would not give sufficient leeway for Member States to adapt anti-SLAPP measures to their different legal systems;
Amendment 261 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Affirms that legislative measures at Union level could be based on Article 81 of the TFEU (for cross-border civil lawsuits) and Article 82 of the TFEU (for threats ofcriminal lawsuits in cross-border cases), and separately on Article 114 of the TFEU to protect public participation in order to ensure the proper functioning of the internal market by exposing corruption and other distortions; asserts that the latter measure could also address attempts to prevent investigation and reporting on breaches of Union law using the same legal base asa similar approach to the one that led to the adoption of Directive (EU) 2019/1937 (the ‘Whistleblower Directive’);
Amendment 268 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that it is essential to adopt a legislative measures protecting the role of journalists, academics, civil society and NGOs in preventing breaches of Union lawactors engaging in public participation or facilitating it, including public watchdogs, civil society actors, journalists, academics, NGOs and other potential victimes in investigating, reporting or otherwise exposing matters of public interests, including breaches of Union law or national laws as well as practices that potentially threaten fundamental rights and freedoms, democracy, the rule of law or good governance, 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 theser otherwise exposing matters of public interest;
Amendment 275 #
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 andhuman rights defenders and civil society organisations, including 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 these matters of public interest;
Amendment 281 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Invites the Member States to include rules on the early dismissal of abusive lawsuits and other actions in court that have the purpose of preventing public participation; stresses that the modalities to apply for an early dismissal should be favourable to the SLAPP target (time constraint, standard of proof, etc.);
Amendment 283 #
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
Amendment 285 #
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13 c. Underlines that when a SLAPP has formally been identified by a court, the initiator should face adequate sanctions and victims should receive adequate compensation for damages suffered (economic, reputational, psychological or otherwise);
Amendment 286 #
Motion for a resolution
Subheading 10
Subheading 10
Amendment 289 #
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 ruleaddress questions giving rise to forum shopping and libel tourism in a forthcoming review of the Brussels I Rome II Regulations; calls on the disCommissal of abusive lawsuits and other actions in court that have the purpose of preventing public participation, which should include sanctions, consideration of abusive motives even if the lawsuit or action is not dismissed, cosion, further, to carry out an awareness-raising exercise amongst judges and prosecutors across the EU regarding SLAPPs which includes information on the need for early dismissal of such lawsuits, 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 I Rome II Reguls well as on the proper implementation of the case-law of the European Court of Human Rights on defamations;
Amendment 296 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Stresses that abusive motives should be taken into account even if the lawsuit or action is not dismissed, including by reversing the burden of proof, allocating legal costs of procedures to the litigant, granting legal and financial support for the defendant;
Amendment 297 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges the Commission to present a proposal foraddress the seriousness of SLAPPs brought through criminal proceedings by calling on Member States to adopt measures to ensure that defamation, libel and slander, which constitute criminal offences in most Member States, cannot be used for SLAPPs, including through private prosecution; underlines, and to respond to the calls of the Council of Europe and OSCE for the decriminalisation of defamation; invites the Commission to address the question of the seriousness of threats of SLAPPs in a legislative proposal; notes that defendants often face criminal charges while at the same time being sued for civil liability allegedly arising from the same conduct; and invites the Commission to explore the possible introduction of harmonised procedural safeguards against those combined SLAPPs;
Amendment 300 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges the Commission to present a proposal foraddress the seriousness of SLAPPs brought through criminal proceedings by calling on Member States to adopt measures to ensure that defamation, libel and slander, which constitute criminal offences in most Member States, cannot be used for SLAPPs, including through private prosecution; underlines, and to respond to the calls of the Council of Europe and OSCE for the decriminalisation of defamation; invites the Commission to address the question of the seriousness of threats of SLAPPs in a legislative proposal; notes that defendants often face criminal charges while at the same time being sued for civil liability allegedly arising from the same conduct; and invites the Commission to explore the possible introduction of harmonised procedural safeguards against those combined SLAPPs;
Amendment 314 #
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Stresses that where there are reasons to believe that the claim is an abusive lawsuit against public participation, the defendant should have the possibility to file a motion to dismiss as from the moment proceedings have commenced;
Amendment 319 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Underlines the urgent need for a robust fund for supporting victims of SLAPPs; stress the importance for victims and potential victims of SLAPPs to have easy and accessible information about these type of cases, legal aid and support, including psychological support for victims and their family members;
Amendment 322 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Underlines the urgent need for a robust fund for supporting victims of SLAPPs; stresses the importance for victims and potential victims of SLAPPs to have easy and accessible information about these type of cases, legal aid and support;
Amendment 325 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Considers it necessary to collect data on SLAPP cases and raise awareness about the nature and the detrimental effects of SLAPPs;
Amendment 333 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Welcomes the Union Strategy to tackle Organised Crime 2021-2025, and calls for efforts to be stepped up efforts in this regard; notes that legislative and soft law measures cannot be effective in Member States where there are concerns about the independence of the judiciary or the fight against corruption;
Amendment 346 #
Motion for a resolution
Annex – point 1 – part I – indent 2
Annex – point 1 – part I – indent 2
specifically addressing questions of civil justiceprivate international law aspects;
Amendment 346 #
Motion for a resolution
Annex – point 1 – part I – indent 2
Annex – point 1 – part I – indent 2
specifically addressing questions of civil justiceprivate international law aspects;
Amendment 351 #
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 and their family members, including in terms of financial aid, legal assistance and psychological support;
Amendment 351 #
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 and their family members, including in terms of financial aid, legal assistance and psychological support;
Amendment 360 #
Motion for a resolution
Annex – point 1 – part II – indent 4a (new)
Annex – point 1 – part II – indent 4a (new)
support for media self-regulatory bodies dealing with ethical complaints by the public and promoting the importance of ethics and professional journalistic practices;
Amendment 360 #
Motion for a resolution
Annex – point 1 – part II – indent 4a (new)
Annex – point 1 – part II – indent 4a (new)
support for media self-regulatory bodies dealing with ethical complaints by the public and promoting the importance of ethics and professional journalistic practices;
Amendment 364 #
Motion for a resolution
Annex – point 1 – part II – indent 6
Annex – point 1 – part II – indent 6
a ‘one-stop-shop’/support hub in each Member State which victims of SLAPPs can contact and where they can receive guidance and easy access to information on SLAPPs, including regarding ‘first aid’, legal aid, financial and psychological support, including through peer exchange networks;
Amendment 364 #
Motion for a resolution
Annex – point 1 – part II – indent 6
Annex – point 1 – part II – indent 6
a ‘one-stop-shop’/support hub in each Member State which victims of SLAPPs can contact and where they can receive guidance and easy access to information on SLAPPs, including regarding ‘first aid’, legal aid, financial and psychological support, including through peer exchange networks;
Amendment 366 #
Motion for a resolution
Annex – point 2 – part I– introductory part
Annex – point 2 – part I– introductory part
A legislative proposal for a general protection measures would have the overall aim of protecting individuals aim of protecting persons investigating or repornd other entities from abusive legal procedures designed to prevent or otherwise undermine public participation. It would notably protect persons investigating, reporting or otherwise exposing matters of public interest, in particular pointing to:
Amendment 366 #
Motion for a resolution
Annex – point 2 – part I – introductory part
Annex – point 2 – part I – introductory part
A legislative proposal for a general protection measures would have the overall aim of protecting individuals aim of protecting persons investigating or repornd other entities from abusive legal procedures designed to prevent or otherwise undermine public participation. It would notably protect persons investigating, reporting or otherwise exposing matters of public interest, in particular pointing to:
Amendment 374 #
Motion for a resolution
Annex – point 2 – part I – point a
Annex – point 2 – part I – point a
(a) possible breaches of Union or national laws;
Amendment 374 #
Motion for a resolution
Annex – point 2 – part I – point a
Annex – point 2 – part I – point a
(a) possible breaches of Union or national laws;
Amendment 375 #
Motion for a resolution
Annex – point 2 – part I – point aa (new)
Annex – point 2 – part I – point aa (new)
(aa) practices by public or private individuals and entities that potentially threaten fundamental rights and freedoms, democracy, the rule of law and good governance;
Amendment 375 #
Motion for a resolution
Annex – point 2 – part I – point aa (new)
Annex – point 2 – part I – point aa (new)
(aa) practices by public or private individuals and entities that potentially threaten fundamental rights and freedoms, democracy, the rule of law and good governance;
Amendment 376 #
Motion for a resolution
Annex – point 2 – part I – point ab (new)
Annex – point 2 – part I – point ab (new)
(ab) facts related to the exercise of a public office or to the provision of public services;
Amendment 376 #
Motion for a resolution
Annex – point 2 – part I – point ab (new)
Annex – point 2 – part I – point ab (new)
(ab) facts related to the exercise of a public office or to the provision of public services;
Amendment 377 #
Motion for a resolution
Annex – point 2 – part I – point ac (new)
Annex – point 2 – part I – point ac (new)
(ac) business practices potentially affecting the general interest, including but not limited to potential violations of human rights and workers’ rights, environmental impacts, tax evasion, corruption, and attempts to influence public policies for private interests;
Amendment 377 #
Motion for a resolution
Annex – point 2 – part I – point ac (new)
Annex – point 2 – part I – point ac (new)
(ac) business practices potentially affecting the general interest, including but not limited to potential violations of human rights and workers’ rights, environmental impacts, tax evasion, corruption, and attempts to influence public policies for private interests;
Amendment 379 #
Motion for a resolution
Annex – point 2 – part II – point -a (new)
Annex – point 2 – part II – point -a (new)
(-a) clear and harmonised definitions;
Amendment 379 #
Motion for a resolution
Annex – point 2 – part II – point -a (new)
Annex – point 2 – part II – point -a (new)
(-a) clear and harmonised definitions;
Amendment 381 #
Motion for a resolution
Annex – point 2 – part II – point b
Annex – point 2 – part II – point b
(b) the prohibition of retaliation and, effective and dissuasive penalties against SLAPP actions;
Amendment 381 #
Motion for a resolution
Annex – point 2 – part II – point b
Annex – point 2 – part II – point b
(b) the prohibition of retaliation and, effective and dissuasive penalties against SLAPP actions;
Amendment 383 #
Motion for a resolution
Annex – point 2 – part II – point ba (new)
Annex – point 2 – part II – point ba (new)
(ba) measures to protect victims of abusive litigation, to take into account imbalances of power and to repair potential damages suffered;
Amendment 383 #
Motion for a resolution
Annex – point 2 – part II – point ba (new)
Annex – point 2 – part II – point ba (new)
(ba) measures to protect victims of abusive litigation, to take into account imbalances of power and to repair potential damages suffered;
Amendment 384 #
Motion for a resolution
Annex – point 2 – part II – point bb (new)
Annex – point 2 – part II – point bb (new)
(bb) measures to prevent further abusive litigations by a party already found guilty of SLAPPs, including by prohibiting further litigation par the party in relation with the same facts, and by taking into account the previous use of SLAPP when examining a new suspicion of abuse;
Amendment 384 #
Motion for a resolution
Annex – point 2 – part II – point bb (new)
Annex – point 2 – part II – point bb (new)
(bb) measures to prevent further abusive litigations by a party already found guilty of SLAPPs, including by prohibiting further litigation par the party in relation with the same facts, and by taking into account the previous use of SLAPP when examining a new suspicion of abuse;
Amendment 386 #
Motion for a resolution
Annex – point 2 – part II – point c – subpoint ii
Annex – point 2 – part II – point c – subpoint ii
(ii) legal, moral and financial aid;
Amendment 394 #
Motion for a resolution
Annex – point 3 – part I – introductory part
Annex – point 3 – part I – introductory part
A proposal for a civil procedurlegislative measures applicable in cross-borderSLAPP cases should include:
Amendment 394 #
Motion for a resolution
Annex – point 3 – title
Annex – point 3 – title
3. Civil procedureRights of the defendants, obligations of the courts and private international law aspects
Amendment 396 #
Motion for a resolution
Annex – point 3 – part I – introductory part
Annex – point 3 – part I – introductory part
A proposal for a civil procedurlegislative measures applicable in cross-borderSLAPP cases should include:
Amendment 397 #
Motion for a resolution
Annex – point 3 – part I – point a
Annex – point 3 – part I – point a
(a) the obligation for the claimant in cases concerning public participation to specify and provide means of proof of why the action is not abusiveproof that its action is not abusive, in particular with regards to the fundamental freedoms of expression and information, and the rights of peaceful assembly and of association;
Amendment 399 #
Motion for a resolution
Annex – point 3 – part I – point b
Annex – point 3 – part I – point b
(b) the obligation for courts to summarily dismiss abusive lawsuits at the earliest stage possible, either ex officio or on the basis of a request by the defendant;
Amendment 399 #
Motion for a resolution
Annex – point 3 – part I – point a
Annex – point 3 – part I – point a
(a) the obligation for the claimant in cases concerning public participation to specify and provide means of proof of why the action is not abusiveproof that its action is not abusive, in particular with regards to the fundamental freedoms of expression and information, and the rights of peaceful assembly and of association;
Amendment 401 #
Motion for a resolution
Annex – point 3 – part I – point b
Annex – point 3 – part I – point b
(b) the obligation for courts to summarily dismiss abusive lawsuits at the earliest stage possible, either ex officio or on the basis of a request by the defendant;
Amendment 402 #
Motion for a resolution
Annex – point 3 – part I – point ba (new)
Annex – point 3 – part I – point ba (new)
(ba) the right for defendants to request an early dismissal of abusive lawsuits in a reasonable period of time and under reasonable conditions, including with regards to the standard of proof required;
Amendment 403 #
Motion for a resolution
Annex – point 3 – part I – point c
Annex – point 3 – part I – point c
(c) the obligation for courts to consider thehat identify an abusive element in an legal procedure suggesting a SLAPP attempt to take all necessary final decision; terim measures to protect the defendant, grant the defendant legal aid and support if requested by the defendant, and to shift procedural costs onto the litigant;
Amendment 403 #
Motion for a resolution
Annex – point 3 – part I – point ba (new)
Annex – point 3 – part I – point ba (new)
(ba) the right for defendants to request an early dismissal of abusive lawsuits in a reasonable period of time and under reasonable conditions, including with regards to the standard of proof required;
Amendment 404 #
Motion for a resolution
Annex – point 3 – part I – point c
Annex – point 3 – part I – point c
(c) the obligation for courts to consider thehat identify an abusive element in any final decision legal procedure suggesting a SLAPP attempt to take all necessary interim measures to protect the defendant, grant the defendant legal aid and support if requested by the defendant, and to shift procedural costs onto the litigant;
Amendment 405 #
Motion for a resolution
Annex – point 3 – part I – point e
Annex – point 3 – part I – point e
(e) the obligation for courts to consider the public interest and the balance of financial resources between parties when assessing costs and the award of damages;
Amendment 406 #
Motion for a resolution
Annex – point 3 – part I – point fa (new)
Annex – point 3 – part I – point fa (new)
(fa) means to protect victims against SLAPPs brought from outside the Union;
Amendment 406 #
Motion for a resolution
Annex – point 3 – part I – point e
Annex – point 3 – part I – point e
(e) the obligation for courts to consider the public interest and the balance of financial resources between parties when assessing costs and the award of damages;
Amendment 407 #
Motion for a resolution
Annex – point 3 – part I – point g
Annex – point 3 – part I – point g
(g) the right to damages, including for economic, reputational, psychological or other damages suffered.
Amendment 407 #
Motion for a resolution
Annex – point 3 – part I – point fa (new)
Annex – point 3 – part I – point fa (new)
(fa) means to protect victims against SLAPPs brought from outside the Union;
Amendment 408 #
Motion for a resolution
Annex – point 3 – part I – point g
Annex – point 3 – part I – point g
(g) the right to damages, including for economic, reputational, psychological or other damages suffered.
Amendment 417 #
Motion for a resolution
Annex – point 3 – part II – point b
Annex – point 3 – part II – point b
(b) that the applicable law is the law of the place where the investigation or reporting took placeto which a publication is directed and, supplementary, the place of editorial control and the place in which the main elements of harm are situated.
Amendment 419 #
Motion for a resolution
Annex – point 3 – part II – point b
Annex – point 3 – part II – point b
(b) that the applicable law is the law of the place where the investigation or reporting took placeto which a publication is directed and, supplementary, the place of editorial control and the place in which the main elements of harm are situated.
Amendment 424 #
Motion for a resolution
Annex – point 4 – point b
Annex – point 4 – point b
(b) specify that prosecution cannot be used to silence journalists, academicpublic watchdogs, civil society actors and other actors engaging in public participation or facilitating it, including but not limited to journalists, academics, rights defenders, whistle-blowers, activists, civil society and NGOs;
Amendment 424 #
Motion for a resolution
Annex – point 4 – point b
Annex – point 4 – point b
(b) specify that prosecution cannot be used to silence journalists, academicpublic watchdogs, civil society actors and other actors engaging in public participation or facilitating it, including but not limited to journalists, academics, rights defenders, whistle-blowers, activists, civil society and NGOs;
Amendment 430 #
Motion for a resolution
Annex – point 4 – point ca (new)
Annex – point 4 – point ca (new)
(ca) explore possible harmonised procedural safeguards to protect defendants facing SLAPPs based on combined criminal charges and civil liability actions allegedly arising from the same conduct.