Activities of Clare DALY related to 2022/0117(COD)
Plenary speeches (1)
Protection of journalists and human rights defenders from manifestly unfounded or abusive court proceedings (debate)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on protecting persons who engage in public participation from manifestly unfounded or abusive court proceedings (“Strategic lawsuits against public participation”)
Amendments (27)
Amendment 36 #
Proposal for a directive
Recital 2
Recital 2
(2) Article 10(3) of the Treaty on European Union states that every Union citizen has the right to participate in the democratic life of the Union. The Charter of Fundamental Rights of the European Union (the ‘Charter’) provides, inter alia, for the rights to respect for private and family life (Article 7), the protection of personal data (Article 8), freedom of expression and information, which includes respect for the freedom and pluralism of the media (Article 11), freedom of assembly and of association (Article 12), and to an effective remedy and to a fair trial (Article 47).
Amendment 39 #
Proposal for a directive
Recital 3
Recital 3
(3) The right to freedom of expression and information as set forth in Article 11 of the Charter includes the right to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. Article 11 of the Charter should be given the meaning and scope of the correspondent Article 10 of the European Convention on Human Rights (“ECHR”) on the right to freedom of expression as interpreted by the European Court of Human Rights (“ECtHR”). The right to freedom of expression has consistently been held to be one of the ‘essential foundations’ of a democratic society by the European Court of Human Rights, and both the Charter and the ECHR provide for a very wide right to express oneself freely.
Amendment 41 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) As recognised by consistent jurisprudence of the ECtHR in relation to the interpretation of relevant provisions of the ECHR and in the light of which the Charter is to be interpreted and applied pursuant to its Article 52(3), the right to freedom of expression and information may also be given expression through the exercise of other rights and freedoms, including the right to freedom of assembly and of association, as set forth in Article 12 of the Charter, and the freedom of the arts and sciences, including academic freedom, as set forth in Article 13 of the Charter. Article 12 of the Charter explicitly guarantees the right of everyone to form and to join trade unions for the protection of his or her interests, which is further consolidated in Article 28 of the Charter, guaranteeing the right of collective bargaining and action.
Amendment 51 #
Proposal for a directive
Recital 4
Recital 4
(4) The purpose of this Directive is to provide protection to natural and legal persons who engage in public participation on matters of public interest, in particular journalists and human rights defenders,, whistleblowers, activists, academics, researchers, artists and human rights defenders, including civil society, non-governmental organisations and trade unions against court proceedings, which are initiated against them to deter them from public participation (commonly referred to as strategic lawsuits against public participation or ‘SLAPPs’).
Amendment 54 #
Proposal for a directive
Recital 5
Recital 5
(5) Journalists can play an important role in facilitating public debate and in the imparting and reception of information, opinions and ideas. It is essential that they are afforded the necessary space to contribute to an open, free and fair debate and to report truthfully, factually and objectively, all of which will contribute to countering disinformation, information manipulation and interference. Journalists should be able to conduct their activities effectively and free of corporate, political or other pressure or influence in order to ensure that citizens have access to a plurality of views in European democracies.
Amendment 56 #
Proposal for a directive
Recital 6
Recital 6
(6) Investigative journalists in particular play a key role in combating organised crime, corruption and extremisminforming the public on a wide range of issues, including, inter alia, crime, corruption, corporate malpractice, and revolving doors between politics and the private sector. Their work carries particularly high risks and they are experiencing a growing number of attacks and harassment. A robust system of safeguards is needed to enable them to fulfil their crucial role as watchdogs onand reporters of matters of legitimate public interest.
Amendment 64 #
Proposal for a directive
Recital 7
Recital 7
(7) Human rights defenders also play an important role in European democracies, especially in upholding fundamental rights, democratic values, social inclusion, environmental protection and the rule of law. They should be able to participate actively in public life, promote accountability, and make their voice heard on policy matters and in decision-making processes without fear of intimidation. Human rights defenders refer to individuals or organisations engaged in defending fundamental rights and a variety of other rights, such as environmental and climate rights, women’s rights, LGBTIQ rights, the rights of the people with a minority racial or ethnic background, labour rights, trade union rights, political freedoms, freedom of speech, privacy rights, or religious freedoms. Other participants in public debate, such as academics and, researchers and artists, also deserve adequate protection.
Amendment 72 #
Proposal for a directive
Recital 8
Recital 8
(8) A healthy and thrivfunctioning democracy requires that people are able to participate actively in public debate without undue interference by public authority or other powerful actors, be they domestic or foreign. In order to secure meaningful participation, people should be able to access reliable information, which enables them to form their own opinions and exercise their own judgement in a public space in which different views can be expressed freely.
Amendment 74 #
Proposal for a directive
Recital 9
Recital 9
(9) To foster this environment, it is important to protect journalists and human rights defenders from court proceedings against public participation. Such court proceedings are not initiated for the purpose of access to justice, butnatural or legal persons who engage in public participation, in particular journalists, whistleblowers, activists, academics, researchers, artists and human rights defenders, including civil society, non- governmental organisations and trade unions from court proceedings against public participation. Such court proceedings are not initiated for the purpose of access to justice in order to genuinely assert, vindicate or exercise a right, but to prevent, restrict or penalise public participation, ultimately seeking to silence public debate typically using harassment and intimidation.
Amendment 78 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) While SLAPPs are a significant threat to public access to reliable information, there are 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.
Amendment 79 #
Proposal for a directive
Recital 10
Recital 10
(10) SLAPPs are typically initiated by powerful entities, for example individuals, lobby groups, corporations and state organs. They often involve an imbalance of power between the parties, with the claimant having a more powerful financial or political position than the defendant. Although not being an indispensable component of such cases, wn imbalance of power is a significant and typical component of such cases, but may be absent in some cases which fulfil the SLAPP criteria, if all of the other components characterising a SLAPP are present. Cases where an imbalance of power is not present should be interpreted cautiously, in order to avoid SLAPP allegations being vexatiously levelled at NGOs, human rights defenders, activists, journalists and others who turn to the courts to defend against defamatory comment by powerful actors. Where present, an imbalance of power significantly increases the harmful effects as well as the chilling effects of court proceedings against public participation.
Amendment 82 #
Proposal for a directive
Recital 11
Recital 11
(11) Court proceedings against public participation may have an adverse impact on the credibility and reputation of journalists and human rights defender, whistleblowers, activists, academics, researchers, artists and human rights defenders, including civil society, non-governmental organisations and trade unions and exhaust their financial and other resources. Because of such proceedings, the publication of information on a matter of public interest may be delayed or altogether avoided. The length of procedures and the financial pressure may have a chilling effect on journalists and human rights defender, whistleblowers, activists, academics, researchers, artists and human rights defenders, including civil society, non- governmental organisations and trade unions. The existence of such practices may therefore have a deterrent effect on their work by contributing to self- censorship in anticipation of possible future court proceedings, which leads to the impoverishment of public debate to the detriment of society as a whole.
Amendment 99 #
Proposal for a directive
Recital 16
Recital 16
(16) Public participation should mean any statement or activity by a natural or legal person expressed or carried out in exercise of the right to freedom of expression and information on a matter of public interest, such as the creation, exhibition, advertisement or other promotion of journalistic, political, scientific, academic, artistic, commentary or satirical communications, publications or works, and any preparatory activities directly linked thereto. It can also include activities related to the exercise of academic freedom, the right to freedom of association and peaceful assembly, such as the organisation of or participation to lobbying activities, demonstrations and protests or activities resulting from the exercise of the right to good administration and the right to an effective remedy, such as the filing of complaints, petitions, administrative and judicial claims and participation in public hearings. Public participation should also include preparatory, supporting or assisting activities that have a direct and inherent link to the statement or activity in question and that are targeted to stifle public participation. In addition, it can cover other activities meant to inform or influence public opinion or to further action by the public, including activities by any private or public entity in relation to an issue of public interest, such as the organisation of or participation to research, surveys, campaigns or any other collective actions.
Amendment 105 #
Proposal for a directive
Recital 18
Recital 18
(18) The notion of a matter of public interest should include also quality, safety or other relevant aspects of goods, products or services where such matters are relevant to public health, safety, the environment, climate or enjoyment of fundamental rights. A purely individual dispute between a consumer and a manufacturer or a service provider concerning a good, product or service should be covered only when the matter contains an element of public interest, for instance concerning a product or service which fails to comply with environmental or safety standards, labour rights, consumer rights or human rights, including the principle of non- discrimination.
Amendment 111 #
Proposal for a directive
Recital 20
Recital 20
(20) Abusive court proceedings typically involve litigation tactics used in bad faith such as delaying proceedings, causing disproportionate costs to the defendant in the proceedings or forum shopping. These tactics are used by the claimant for other purposes than gaining access to justice in order to genuinely assert, vindicate or exercise a right. Such tactics are often, although not always, combined with various forms of intimidation, harassment or threats.
Amendment 120 #
Proposal for a directive
Recital 24
Recital 24
(24) In some abusive court proceedings against public participation, claimants deliberately withdraw or amend claims or pleadings to avoid awarding costs to the successful party. This legal strategy may deprive the court or tribunal of the power to acknowledge the abusiveness of the court proceeding, leaving the defendant with no chance to be reimbursed of procedural costs. Such withdrawals or amendments should therefore not affect the possibility for the courts seised to impose remedies against abusive court proceedings if there are grounds to do so based on the facts of the case.
Amendment 124 #
Proposal for a directive
Recital 26
Recital 26
(26) To provWhen the court considers the defendant with an additional safeguardat there are elements indicating an abuse of procedure and it has been adjudicated by a judge, or where applicable, a jury, that the prospects for success in the main proceedings are low, there should be a possibility to grant him or herthe defendant a security to cover procedural costs and/or damages, when the court consi in orders that even if the claim is not manifestly unfounded, there are elements indicating an abuse of procedure and the prospects for success in the main proceedings are lowo provide him or her with an additional safeguard. A security does not entail a judgement on the merits but serves as a precautionary measure ensuring the effects of a final decision finding an abuse of procedure. It should be for Member States to decide whether a security should be ordered by the court on its own motion or upon request by the defendant.
Amendment 126 #
Proposal for a directive
Recital 29
Recital 29
(29) To ensure high expediency in the accelerated procedure on an application for early dismissal, Member States may set time limits for the holding of hearings or for the court to take a decision. They may as well adopt schemes akin to procedures in relation to provisional measures. Member States should make efforts to ensure that when the defendant has applied for other procedural safeguards, the decision is also taken in an expeditious manner. For expeditious treatment, Member States could take into account, amongst others, an imbalance of power between the parties, whether the claimant has initiated multiple or concerted proceedings in similar matters and the existence of attempts to intimidate, harass or threat the defendant.
Amendment 137 #
Proposal for a directive
Recital 32
Recital 32
(32) The main objective of giving courts or tribunals the possibility to impose penalties is to deter potential claimants from initiating abusive court proceedings against public participation. Such penalties should be proportionate to the elements of abuse identified. When establishing amounts for penalties, courts should take into account the imbalance of power between the parties, the potential for a harmful or chilling effect of the proceedings on public participation, including as related to the nature of the claim, whether the claimant has initiated multiple or concerted proceedings in similar matters and the existence of attempts to intimidate, harass or threat the defendant.
Amendment 148 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive provides safeguards against manifestly unfounded or abusive court proceedings in civil matters with cross- border implications brought against natural and legal persons, in particular journalists and human rights defender, whistleblowers, activists, academics, researchers, artists and human rights defenders, including civil society, non- governmental organisations and trade unions, on account of their engagement in public participation.
Amendment 158 #
Proposal for a directive
Article 3 – paragraph 1 – point 2 – introductory part
Article 3 – paragraph 1 – point 2 – introductory part
2. ‘matter of public interest’ means any matter which affects the public to such an extent that the public may legitimately take an interest in it, in areas such as, but not limited to:
Amendment 169 #
Proposal for a directive
Article 3 – paragraph 1 – point 2 – point d
Article 3 – paragraph 1 – point 2 – point d
(d) allegations of corruption, fraud, money laundering or criminality;
Amendment 173 #
Proposal for a directive
Article 3 – paragraph 1 – point 2 – point e
Article 3 – paragraph 1 – point 2 – point e
(e) activities aimed to fight disprovide or facilitate public access to reliable information;
Amendment 180 #
Proposal for a directive
Article 3 – paragraph 1 – point 3 – introductory part
Article 3 – paragraph 1 – point 3 – introductory part
3. ‘abusive court proceedings against public participation’ mean court proceedings brought in relation to public participation that are fully or partially unfounded and have as their main purpose to prevent, restrict or penalize public participation. Indications of such a purpose can be:
Amendment 189 #
Proposal for a directive
Article 3 – paragraph 1 – point 3 – point c a (new)
Article 3 – paragraph 1 – point 3 – point c a (new)
(ca) an imbalance of power between the parties;
Amendment 211 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Member States shall take the necessary measures to ensure that a court or tribunal seised of court proceedings against public participation may accept that non- governmental organisations or others, including trade unions, safeguarding or promoting the rights of persons engaging in public participation may take part in those proceedings, either in support of the defendant or to provide information.
Amendment 246 #
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
Member States shall provide the Commission with all relevant information regarding the application of this Directive by [53 years from the date of transposition]. On the basis of the information provided, the Commission shall by [64 years from the date of transposition] at the latest, submit to the European Parliament and the Council a report on the application of this Directive. The report shall provide an assessment of the evolution of abusive court proceedings against public participation and the impact of this Directive in the Member States. If necessary, the report shall be accompanied by proposals to amend this Directive.