2021/2036(INI) | [ParlTrack]

Predrag Fred MATIĆ, Victor NEGRESCU, Domènec RUIZ DEVESA

Draft opinion
Paragraph -1 (new)

-1. Highlights that the fundamental rights to freedom of expression, the right to receive information and the right to public participation are essential to a healthy democracy; expresses serious concern about the shrinking space for civil society organisations, and the threat to journalists, human rights defenders and others – who communicate on important matters within the public interest that are critical of powerful members of society, and the growing use of strategic lawsuits against public participation as a way to silence and intimidate independent media and journalists, civil society organisations, rights defenders, activists, whistle blowers, academics, artists and sexual assault and domestic violence survivors

Amendment 10 #

Draft opinion
Paragraph 1 a (new)

1 a. Recalls that Article 7 of the TEU foresees that the European Council may act to determine the existence of a serious and persistent breach by a Member State of the values referred to in Article 2 and subsequently suspend certain rights deriving from the application of the Treaties to the Member State in question, including the voting rights of the representative of the government of that Member State in the Council;

Amendment 11 #

Predrag Fred MATIĆ, Victor NEGRESCU, Domènec RUIZ DEVESA

Draft opinion
Paragraph 2

2. Is ~~concern~~alarmed that the current COVID- 19 pandemic not only continues to have a significant negative impact on public health, social welfare and the economy, but also ~~entails a serious threat to media freedom; warns that~~impacts the whole media sector, notably through the revenue drop which causes some of the media organisations to close down and deeply affect the working conditions of journalists and other workers in media organisations; furthermore, is concerned at the fact that the pandemic circumstances and consequences entail serious threat to media freedom for citizens and civil society organisations, including but not limited to restrictions on access to justice and information; stresses that it was shown during the crisis that media and journalist reporting was crucial in transferring accurate information to the citizens; warns that many governments across the world ~~could~~are trying to use the coronavirus emergency as an excuse to implement draconian new restrictions on freedom of expression and tighten media censorship; calls on the Commission to mobilise funds to encourage anti- corruption investigative journalism;

Amendment 12 #

Niyazi KIZILYÜREK, Martina MICHELS, Alexis GEORGOULIS

Draft opinion
Paragraph 2

2. Is concerned that the current COVID-19 pandemic not only continues to have a significant negative impact on public health, social welfare and the economy, but also entails a serious threat to media freedom; warns that governments across the world ~~could~~ use the coronavirus emergency as an excuse to implement d~~raconian new restrictions on~~ifferent restrictive measures limiting the freedom of expression and tightening media censorship~~; calls on the Commission to mobilise funds to encourage anti-corruption investigative journalism;~~ both online and offline, including by amending criminal legislation by decree, while journalists have been prosecuted or assaulted for reporting about Covid-19 related news1a; calls on the Commission to mobilise funds to support the investigative journalism enabling them to report independently on current affairs, including corruption and abuses of public office; _________________ 1a https://www.amnesty.org/en/latest/news/2 020/05/global-crackdown-on-journalists- weakens-efforts-to-tackle- covid19/?fbclid=IwAR0GO09WSuyXFBp- VXhqmQJXuf8Hll81PEAESEkUbIM_slF bAftNGIE3yWQ

Amendment 13 #

Draft opinion
Paragraph 2

Amendment 14 #

Loucas FOURLAS, Theodoros ZAGORAKIS, Maria WALSH, Tomasz FRANKOWSKI

Draft opinion
Paragraph 2

Amendment 15 #

Draft opinion
Paragraph 2

Amendment 16 #

Predrag Fred MATIĆ, Victor NEGRESCU, Domènec RUIZ DEVESA

Draft opinion
Paragraph 2

Amendment 17 #

Draft opinion
Paragraph 2 a (new)

2 a. Acknowledges that the digital shift has profoundly changed the media landscape, with new patterns to search, access, curate, share or retrieve online news items, stresses that this has increased the market pressure on smaller media organisations, in particular local news media, exacerbated market concentration and often set unfair competition conditions, which put at risk the long-term existence and economic sustainability of already vulnerable media outlets and thereby the diversity of media players;

Amendment 18 #

Niyazi KIZILYÜREK, Martina MICHELS, Alexis GEORGOULIS

Draft opinion
Paragraph 2 a (new)

2 a. Underlines that working conditions in the media sector are deteriorating and often work in precarious conditions with regard to their contracts, salaries and social guarantees, which compromises their ability to work appropriately and thus hampers media freedom;

Amendment 19 #

Predrag Fred MATIĆ, Victor NEGRESCU, Petra KAMMEREVERT

Draft opinion
Paragraph 2 b (new)

2 b. Stresses that independent, socially responsible and economically and financially sustainable media are essential for quality journalism and instrumental to resist intimidation meant to result in censorhip or self-censorship;

Amendment 2 #

Predrag Fred MATIĆ, Victor NEGRESCU, Domènec RUIZ DEVESA

Draft opinion
Paragraph 1

1. Underlines that an independent, impartial, professional and responsible free media is a ~~key pillar of democracy~~cornerstone of democracy, a fundamental constitutional value on which the European Union is founded and protected by the EU and its treaties, with freedom of expression and information enshrined in the Charter of Fundamental Rights; expresses serious concerns about the situation in some Member States whereby media ~~laws allow for greater political inter~~freedom is not guaranteed, journalists, NGOs and representatives from civil society are silenced, harassed, and even physically attacked, creating chilling effects on freedom of expression, limiting the access to the information of public interest; underlines the urgency to propose legislative and non-legislative measures to secure a safer en~~ce;~~ vironment for public watchdogs in the EU;

Amendment 20 #

Draft opinion
Paragraph 2 c (new)

2 c. Considers that not only journalists and editorial teams, but also all permanent and temporary staff of media organisations are too often subject to precarious working conditions, and should be subject to the highest protection standards; Recalls that the intellectual property rights of journalists need to be properly implemented and the value of their work appropriately recognised and valued;

Amendment 21 #

Niyazi KIZILYÜREK, Martina MICHELS, Alexis GEORGOULIS

Draft opinion
Paragraph 3

3. Highlights that Reporters Without Borders1 argue that the next decade will be crucial for ensuring the preservation of media freedom, as it is often threatened by the rise of populist governments; calls on the Member States and the Commission to enforce a legal framework to ~~protect journalists and their sources~~guarantee media pluralism, ensure full transparency of media ownership, protect media from discriminatory regulatory and market practices and political interference. It further calls for funding mechanisms to support public interest media and investigative journalism that challenges corruption; _________________ 1 2020 World Press Freedom Index.

Amendment 22 #

Draft opinion
Paragraph 3

3. Highlights that Reporters Without Borders1 argue that the next decade will be crucial for ensuring the preservation of media freedom, as it is often threatened by the rise of populist governments; calls on the Member States and the Commission to enforce a legal framework to protect journalists and their sources; Calls on the Commission and Member States to protect whistleblowers as whistleblowing is one of the most effective ways of uncovering corruption; _________________ 1 2020 World Press Freedom Index.

Amendment 23 #

Irena JOVEVA

Draft opinion
Paragraph 3

3. Highlights that Reporters Without Borders1 argue that the next decade will be crucial for ensuring the preservation of media freedom, as it is often threatened by the r~~ise of~~adical, populist authoritarian governments; calls on the Member States and the Commission to enforce a legal framework to protect journalists and their sources; _________________ 1 2020 World Press Freedom Index.

Amendment 24 #

Draft opinion
Paragraph 3

3. Highlights that Reporters Without Borders1 argue that the next decade will be crucial for ensuring the preservation of media freedom, as it is often threatened by the rise of ~~populist~~increasingly authoritarian governments; calls on the Member States and the Commission to enforce a legal framework to protect journalists and their sources; _________________ 1 2020 World Press Freedom Index.

Amendment 25 #

Draft opinion
Paragraph 3

3. Highlights that Reporters Without Borders1 argue that the next decade will be crucial for ensuring the preservation of media freedom, as it is often threatened by the rise of ~~populist governments~~groupthink; calls on the Member States and the Commission to enforce a legal framework to protect journalists and their sources; _________________ 1 2020 World Press Freedom Index.

Amendment 26 #

Niyazi KIZILYÜREK, Martina MICHELS, Alexis GEORGOULIS

Draft opinion
Paragraph 3 a (new)

3 a. Reminds that the use of actions under civil and criminal law against public participation is intended to make litigation procedures or libel cases expensive, complicated and enduring with the objective to exhaust the defendant regardless of the merit, the ability or even the possibility to win the case; reminds that criminal defamation is still maintained in many Member States of the EU in spite of calls for its abolishment by the UN, Council of Europe, OSCE, and several prominent NGOs2a;reminds, however, that SLAPPs are not limited to any particular field of public interest and can be applied across wide range of civil and criminal law, and are, therefore, not limited to the cases of defamation; reminds that safeguards to protect the defendants against abuse of the right to access to justice is very limited; reminds of growing bourgeoning of government or political party sponsored non- governmental organisation intended to imitate civil organisation pursuing narrow interests; _________________ 2a https://ec.europa.eu/info/sites/default/files /ad-hoc-literature-review-analysis-key- elements-slapp_en.pdf

Amendment 27 #

Draft opinion
Paragraph 3 a (new)

3 a. Reaffirms the need to independently monitor the media freedom and pluralism situation in the EU and therefore encourages Member States to implement and further enhance existing instruments, such as the Media Pluralism Monitor;

Amendment 28 #

Loucas FOURLAS, Theodoros ZAGORAKIS, Tomasz FRANKOWSKI, Maria WALSH

Draft opinion
Paragraph 4

4. Calls on the Commission to propose a directive against strategic lawsuits to set minimum standards for all Member States against public participation (SLAPPs) in order to protect independent media and journalists from vexatious lawsuits intended to silence or intimidate them; to provide EU harmonized rules recognising and defining SLAPPs to identify abusive lawsuits and have them dismissed at an early stage; to support at EU level trainings for press publishers’ in-house lawyers to allow them to identify and deal with SLAPPs faced by the company and its editorial team, stresses the need to create an EU fund to support victims of SLAPP; Supports the creation of networks between SLAPP victims so they can coordinate and come together;

Amendment 29 #

Predrag Fred MATIĆ, Victor NEGRESCU, Petra KAMMEREVERT, Domènec RUIZ DEVESA

Draft opinion
Paragraph 4

4. ~~Calls on the Commission to~~Stresses the need to closely follow and appropriately act when governments or powerful individuals use legal measures to silence critics and opponents, such as for example strategic lawsuits against public participation (SLAPPs) or laws curtailing the right to freedom of expression in a manner which is incompatible with individuals' fundamental rights; Calls on the Commission to follow-up on its European Democracy Action Plan and propose a directive against strategic lawsuits against public participation (SLAPPs) in order to protect independent media and journalists from vexatious lawsuits or malicious threats to initiate lawsuits intended to silence or intimidate them;

Amendment 3 #

Predrag Fred MATIĆ, Victor NEGRESCU, Petra KAMMEREVERT, Domènec RUIZ DEVESA

Draft opinion
Paragraph 1

1. Recalls that the Union is founded on the common values enshrined in Article 2 of the Treaty on European Union of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights; Stresses that these values include pluralism, non-discrimination, tolerance, justice, solidarity and equality; Reiterates the fundamental rights of media freedom and pluralism as stated in Article 11 of the Charter of Fundamental Rights of the European Union, which specifically stresses the need for these to be respected; Underlines that an independent, impartial, professional and responsible media is a key pillar of democracy; expresses serious concerns about the situation in some Member States whereby media laws allow for greater political interference;

Amendment 30 #

Draft opinion
Paragraph 4

4. Calls on the Commission to propose without delay a directive against strategic lawsuits against public participation (SLAPPs) in order to protect independent media and journalists from vexatious lawsuits intended to silence or intimidate them; considers that a directive against strategic lawsuits against public participation (SLAPPs) should exclude cases of defamation from the Criminal law in Member States and imprisonment punishments for defamation; calls on the Commission to strike a fair balance between the right to access to justice and the freedom of expression;

Amendment 31 #

Loucas FOURLAS

Draft opinion
Paragraph 4

4. Calls on the Commission to propose a directive against strategic lawsuits against public participation (SLAPPs) in order to protect independent media and journalists, press publishers and media organisations from vexatious lawsuits intended to silence or intimidate them;

Amendment 32 #

Draft opinion
Paragraph 4

4. Calls on the Commission to propose a directive against strategic lawsuits against ~~public participation (SLAPPs)~~the Sleeping Giants in order to protect independent media and journalists ~~from vexatious lawsuits~~against financial pressure intended to silence or intimidate them;

Amendment 33 #

Predrag Fred MATIĆ, Victor NEGRESCU, Petra KAMMEREVERT, Domènec RUIZ DEVESA

Draft opinion
Paragraph 4 a (new)

4 a. Underlines that a directive against SLAPPs should address and proscribe forum shopping, limiting the possibilities for selection of jurisdiction to prosecute defendants in SLAPP cases to domicile country, and amend accordingly the Rome II. and Brussels I regulations relating to cases of defamations; underlines the need to introduce harmonisation of legislation and installing appropriate safeguards across the EU through common minimal standards limiting the availability of SLAPPs against journalists, NGOs and representatives of civil society;

Amendment 34 #

Draft opinion
Paragraph 4 a (new)

4 a. Welcomes the inclusion in the Commission annual report on the Rule of Law a specific chapter on monitoring media freedom and pluralism; Urges the Commission to closely monitor the situation in the Member States and provide an assessment of the efficiency and effectiveness of the national frameworks for the protection of media freedom and media pluralism, including any undue use of actions under civil and criminal law to silence journalists, NGOs and civil society;

Amendment 35 #

Predrag Fred MATIĆ, Victor NEGRESCU, Domènec RUIZ DEVESA

Draft opinion
Paragraph 4 b (new)

4 b. Underlines that a directive against SLAPPs should include provisions for expeditious procedural dismissal of manifestly unfounded cases identified as SLAPPs by judicial authority, protecting the right to participate in public life, without the possibility to appeal to such dismissals and with the right to an effective remedy for the defendants who report breaches of Union law or reveal information in public interest;

Amendment 36 #

Draft opinion
Paragraph 4 b (new)

4 b. Expresses concern by recent developments in some Member States where media freedom and pluralism are deteriorating and journalists and media workers are subjected to threats, abuses and crimes; Calls on the Commission to include in the country chapters of future Rule of Law report an overview of the attacks against journalists across the Union and the responses provided by Member States in this regard;

Amendment 37 #

Predrag Fred MATIĆ, Victor NEGRESCU, Petra KAMMEREVERT, Domènec RUIZ DEVESA

Draft opinion
Paragraph 4 c (new)

4 c. Calls on the Commission to complement legislative proposals with non-legislative actions, including creating the EU-wide publicly accessible database or mapping of identified SLAPP cases in all Member States, providing protection and financial or legal assistance to SLAPP victims for exercising the right to defence, and establish effective measures, dedicated judicial training or other actions, for raising awareness among lawyers and judges regarding SLAPP cases and available recourses against SLAPPs;

Amendment 38 #

Draft opinion
Paragraph 4 c (new)

4 c. Underlines that, by reporting breaches of Union law that are harmful to the public interest, whistle-blowers play a key role in exposing and preventing such breaches and in safeguarding the welfare of society; Insists that the confidentiality of journalistic sources shall be preserved, and effective and secure reporting channels in place in every organisation to protect whistle-blowers against retaliation;

Amendment 39 #

Predrag Fred MATIĆ, Victor NEGRESCU, Petra KAMMEREVERT, Domènec RUIZ DEVESA

Draft opinion
Paragraph 4 d (new)

4 d. Recalls the obligation for Member States to transpose the Whistleblower Directive 2a by 17 December 2021; Recalls that too often reporting channels for persons who want to impart information on a wrongdoing obtained in a work- related context (whistle-blowers) are either non-existent, insufficient or unsecure; Insists, therefore, that secure and independent internal and external reporting channels are in place for whistle-blowers to efficiently and safely report on wrongdoings and to be subsequently protected against retaliation, Underlines the role of the media in overcoming shortcomings in this respect and in disclosing information of public interest on law breaches; _________________ 2aDirective of the European parliament and of the council on the protection of persons reporting on breaches of Union law, December 2019

Amendment 4 #

Predrag Fred MATIĆ, Victor NEGRESCU, Domènec RUIZ DEVESA

Draft opinion
Paragraph 1

1. Underlines that an independent, impartial, professional and responsible media is a key pillar of democracy; expresses serious concerns about the situation in some Member States whereby media laws allow for greater political interference and the internet and social media, as the largest contemporary networks, are frequently subject to state- promoted censorship;

Amendment 40 #

Draft opinion
Paragraph 4 e (new)

4 e. Welcomes the Commission's Assessment of the Code of Practice on Disinformation in 20203a , the publication of guidelines to correct shortcomings and the establishment of tools and measures to stop online platforms from making money on disinformation and empower users to understand and flag up disinformation, enhance transparency on ad placement and halt manipulative behaviour; Supports the strengthening of collaboration across media and borders and the set-up of a European Digital Media Observatory, Urges the Commission to draw-up on its findings and propose a legislation to improve notably the transparency of political advertising; _________________ 3aEuropean Commission, Assessment of the Code of Practice on Disinformation

Amendment 41 #

Predrag Fred MATIĆ, Victor NEGRESCU, Domènec RUIZ DEVESA

Draft opinion
Paragraph 4 f (new)

4 f. Welcomes the launch of the "NEWS" initiative under the Media and Audiovisual Actio Plan 4a set out by the Commission in December 2020; Underlines, however, the need for clarification on its scope, financing and functioning; _________________ 4aEurope’s Media in the Digital Decade: An Action Plan to Support Recovery and Transformation

Amendment 42 #

Predrag Fred MATIĆ, Victor NEGRESCU, Domènec RUIZ DEVESA

Draft opinion
Paragraph 4 g (new)

4 g. Calls on the Commission and the Member States to increase support available for the news media organisations, with special attention to SMEs, local and regional media outlets and radio stations, Stresses that allocations for the media sector should increased across various multiannual framework (MFF) programmes;

Amendment 43 #

Draft opinion
Paragraph 5

5. Is concerned about the increase inof online hate speech, ~~notably against freedom of the press and freedom of expression~~verbal abuse, harassment, online smear campaigns, cybercrime and violation of privacy online, notably against free press and the freedom of expression, including political or economic pressure, leading to self- censorship and impairment of editorial freedom; stresses that online threats and harassments are particularly persistent for women journalists to intimidate and discredit them, thus creating professional harm; stresses that online harassment violence against journalists are often accompanying SLAPP suits; stresses the need for better cooperation between authorities and online platform service providers ~~in order~~ to combat ~~hate speech, without destabilising~~online harassments and hate speech, while guarantee the fundamental right to freedom of expression;

Amendment 44 #

Draft opinion
Paragraph 5

5. Is concerned about the increase in online hate speech, notably against ~~freedom of the press and freedom of expression; stresses the need for better cooperation between authorities and~~independent media and journalists, civil society organisations, rights defenders, activists, whistleblowers, artists, and academics, especially those from marginalised groups including women, racialised people, LGBTIQ+ people and people with disabilities as well as others which has a significant psychological impact on those affected and creates a chilling effect and threatens freedom of expression and freedom of the press; stresses the need for authorities to act against threats of violence and to work to ensure that online platform service providers ~~in order to combat~~effectively address hate speech, without ~~destabilising~~impinging on the freedom of the press and the fundamental right to freedom of expression;

Amendment 45 #

Draft opinion
Paragraph 5

5. Is concerned about the increase in online hate speech, notably against freedom of the press and freedom of expression; stresses the need for better cooperation between authorities and online platform service providers in order to combat hate speech, without destabilising the fundamental right to freedom of expression and ensure that people who freely express their opinions are not then publicly stigmatised and harassed;

Amendment 46 #

Chiara GEMMA

Draft opinion
Paragraph 5

5. Is concerned about the increase in online hate speech, notably against freedom of the press and freedom of expression; stresses the need for better cooperation between authorities and online platform service providers in order to combat hate speech, above all that directed against particularly vulnerable groups, such as persons with disabilities, women and LGBTIQ people, without destabilising the fundamental right to freedom of expression;

Amendment 47 #

Predrag Fred MATIĆ, Victor NEGRESCU, Domènec RUIZ DEVESA

Draft opinion
Paragraph 5

5. Is concerned about the ~~increase in~~exploitation of online hate speech~~, notably against~~ with the political aim of restricting freedom of the press and freedom of expression; stresses the need for better cooperation between authorities and online platform service providers in order to combat ~~hate speech, without destabilising~~censorship and safeguard the fundamental right to freedom of expression;

Amendment 48 #

Draft opinion
Paragraph 5 a (new)

5 a. Welcomes the introduction of new actions under the cross-sectoral stand of the Creative Europe Programme 5a, to enhance media freedom, quality journalism and media literacy; Reiterates the need for professional workers in the media sector to benefit from training to adapt their work according to technological, societal or other developments; Encourages the continuation and expansion of media literacy in education curricula to empower everyone with the means to access information, detect disinformation and develop critical thinking; _________________ 5a Creative Europe Programme 2021-2027

Amendment 49 #

Predrag Fred MATIĆ, Victor NEGRESCU, Petra KAMMEREVERT, Domènec RUIZ DEVESA

Draft opinion
Paragraph 5 b (new)

5 b. Recalls that journalist are subject to varied employment conditions and often work under freelance contracts; Stresses therefore the need for adequate professional and trade union representation and effective social dialogue to ensure stable and fair working conditions for journalists and media workers;

Amendment 5 #

Loucas FOURLAS, Maria WALSH, Theodoros ZAGORAKIS, Tomasz FRANKOWSKI

Draft opinion
Paragraph 1

1. Underlines that an independent, impartial, professional and responsible media is a key pillar of democracy; expresses serious concerns about the situation in some Member States whereby media laws allow for greater political interference; Call on the Member States to ensure that media ownership including shareholders is transparent given their role to guarantee media pluralism;

Amendment 50 #

Predrag Fred MATIĆ, Victor NEGRESCU, Domènec RUIZ DEVESA

Draft opinion
Paragraph 6

6. Calls on the Member States to guarantee that the public service media is free from censorship and political influence; invites the Member States, in this regard, to establish the necessary regulatory frameworks to monitor media ownership and ensure full transparency; in addition stresses the importance of independent in-house media regulatory mechanisms for all situations and processes within the media house as to ensure that all workers and employees are protected at all stages; Stresses the problem of media organisations filling lawsuits against their own journalists and media workers and emphasises the importance of independence monitory and regulatory mechanisms in those situations;

Amendment 51 #

Niyazi KIZILYÜREK, Martina MICHELS, Alexis GEORGOULIS

Draft opinion
Paragraph 6

6. Calls on the Member States ~~to guarantee that the public service media is free from censorship and politic~~provide appropriate, proportionate and stable funding for public service media, thus ensuring it can fulfil its cultural, social and educational role, and contribute to an inclusive information society, while guaranteeing its independence from governmental influences ; invites the Member States, in this regard, to establish the necessary regulatory frameworks to monitor media ownership and ~~ensure full transparency~~their funding sources ensuring full transparency and easy accessibility to citizens;

Amendment 52 #

Draft opinion
Paragraph 6

6. Calls on the Member States to guarantee that the public service media is free from censorship and political influence; invites the Member States, in this regard, to ~~establish the necessary regulatory frameworks~~implement the already established regulatory frameworks, such as AVMSD, and cooperate in pilot projects set up by Commission, such as Media Ownership Monitor, to monitor media ownership and ensure full transparency;

Amendment 53 #

Draft opinion
Paragraph 6

Amendment 54 #

Loucas FOURLAS, Maria WALSH, Theodoros ZAGORAKIS, Tomasz FRANKOWSKI

Draft opinion
Paragraph 6

6. Calls on the Member States to guarantee that the public service media is free from censorship and political influence; ~~invites the Member States, in this regard, to establish the necessary regulatory frameworks to monitor media ownership and ensure full transparency;~~that supervisory boards are appointed by qualified non-partisan individuals that will act in the public interest and not that of any one political party or ideology.

Amendment 55 #

Draft opinion
Paragraph 6

6. Calls on the Member States to guarantee that ~~the public service~~ media isare free from censorship and political influence including economic pressures; invites the Member States, in this regard, to establish the necessary regulatory frameworks to monitor media ownership and ensure full transparency;

Amendment 56 #

Predrag Fred MATIĆ, Victor NEGRESCU, Petra KAMMEREVERT, Domènec RUIZ DEVESA

Draft opinion
Paragraph 6

Amendment 57 #

Draft opinion
Paragraph 6 a (new)

6 a. Calls on all Member States to swiftly implement the Audiovisual Media Services Directive6a as revised in 2018 in all its provisions; Calls on the Commission to closely monitor development in this regard with special attention to Article 30 provisions on the role, powers and independence of audiovisual media services regulators; Insists that national regulatory authorities or bodies shall exercise their powers impartially and transparently and in accordance with the objectives of this Directive, in particular media pluralism, cultural and linguistic diversity, consumer protection, accessibility, non- discrimination, the proper functioning of the internal market and the promotion of fair competition; and that national regulatory authorities or bodies should have adequate financial and human resources and enforcement powers to carry out their functions effectively and to contribute to the work of the European Regulators Group for Audiovisual media services (ERGA); _________________ 6aAudiovisual Media Services Directive of 14 November 2018

Amendment 58 #

Niyazi KIZILYÜREK, Martina MICHELS, Alexis GEORGOULIS

Draft opinion
Paragraph 6 a (new)

6 a. Emphasises that a critical use of media content is essential to people’s understanding of current issues and to their contribution to public life; calls, therefore, on the Commission and the Member States to promote and support critical thinking and media literacy projects, espeacially at schools;

Amendment 59 #

Predrag Fred MATIĆ, Victor NEGRESCU, Petra KAMMEREVERT, Domènec RUIZ DEVESA

Draft opinion
Paragraph 6 b (new)

6 b. Welcomes the setting-up of ERGA and encourages cooperation within the internal market among audiovisual regulatory bodies, as well as with other regulatory bodies of relevance for online news activities;

Amendment 6 #

Niyazi KIZILYÜREK, Martina MICHELS, Alexis GEORGOULIS

1. Underlines that an independent, impartial, professional and responsible media is a key pillar of democracy; media’s independence from political and economic powers and influences must be guaranteed therefore, expresses serious concerns about the situation in some Member States whereby media laws allow for greater political interference;

Amendment 60 #

Predrag Fred MATIĆ, Victor NEGRESCU, Domènec RUIZ DEVESA

Draft opinion
Paragraph 6 c (new)

6 c. Urges the Commission to develop and ambitious, robust and complete set of tools in its future Meda Freedom Act, to strengthen the EU capacity to monitor and sanction any actions that would limit or harm media freedom;

Amendment 61 #

Predrag Fred MATIĆ, Victor NEGRESCU, Domènec RUIZ DEVESA

Draft opinion
Paragraph 6 d (new)

6 d. Observes that overprotective defamation laws may have a chilling effect on freedom of expression and public debate, in line with recommendations of the Parliamentary Assembly of the Council of Europe (PACE) 7a calls on Member States to precisely define the concept of defamation in their legislation so as to avoid an arbitrary application of the law, to guarantee that there is no misuse of criminal prosecution for defamation, to safeguard the independence of prosecutors in these cases, and to ensure that civil law provides effective protection of the dignity of persons affected by defamation; further calls on Member States to set resonable and proportionate maximum amounts for awards for damages and interest in defamation cases so that the viability of a defendant media organ is not placed at risk and to provide appropriate legal guarantees against awards for damages and interest that are disproportionate to the actual injury; _________________ 7aFreedom of expression in the media in Europe, Recommendation 1589

Amendment 62 #

Predrag Fred MATIĆ, Victor NEGRESCU, Domènec RUIZ DEVESA

Draft opinion
Paragraph 6 e (new)

6 e. Welcomes the launch of the Conference on the Future of Europe and calls on the Commission and Member States to make the best use of its forthcoming conclusions to strengthen the participative democratic functioning of societies;

Amendment 63 #

Predrag Fred MATIĆ, Victor NEGRESCU, Domènec RUIZ DEVESA

Draft opinion
Paragraph 6 f (new)

6 f. Recalls that according to the definition proposed by the Committee of Ministers of the Council of Europe 8a hate speech covers all forms of expressions that spread, incite, promote or justify racial hatred, xenophobia, anti-Semitism or other other forms of hatred based on intolerance; Expresses concerns at the development and spreading online hate speech with wide-ranging consequences on people's wellbeing and safety; Calls on the Commission and Member States to draft guidelines to further delineate and combat hate speech online; _________________ 8aCommittee of Ministers of the Council of Europe, Recommendation No.R. (97) 20

Amendment 64 #

Predrag Fred MATIĆ, Victor NEGRESCU, Domènec RUIZ DEVESA

Draft opinion
Paragraph 6 g (new)

6 g. Stresses the importance of gender mainstreaming at all levels in the media sector as it is an outlet reflecting the diversity of society and as such must uphold to the fundamental right of equality and non-discrimination; Recalls the need for gender balance on screen and behind the camera as well as on all other levels and positions; Emphasises that female journalists face the same pressures as their colleagues in content- related issues but more often are faced with sexual violence and harassment and there has been a journalist "MeToo movement as a result of this situation; Calls on the Commission and Member States to address these gender gaps and discrimination and take action towards achieving gender equality within the sector;

Amendment 65 #

Predrag Fred MATIĆ, Victor NEGRESCU, Domènec RUIZ DEVESA

Draft opinion
Paragraph 6 h (new)

6 h. Stresses that one of the negative consequences of the media freedom deteriorating is the increase in the scapegoating and targeting of minorities and vulnerable groups, for example against LGBTIQ+ persons, migrants and refugees, resulting in an increase in hate speech against these groups and censorship of media; Calls on the Commission to monitor and examine these interlinks in its future reports, especially the effect that hate crimes and hate speech have on discrimination in the Union;

Amendment 66 #

Predrag Fred MATIĆ, Victor NEGRESCU, Domènec RUIZ DEVESA

Draft opinion
Paragraph 7

7. ~~Encoura~~Urges the Member States and the Commission to introduce effective measures to ensure better protection for the personal safety of journalists, in particular investigative journalists. and looks forward to the announced Commission recommendation on ensuring safety of journalists in the European Union; Calls for such recommendation to include measures on the safety of all journalists employed by European media organisations in the EU and third countries, with particular attention to those reporting from conflict or high-risk countries;

Amendment 67 #

Loucas FOURLAS, Maria WALSH, Theodoros ZAGORAKIS, Tomasz FRANKOWSKI

Draft opinion
Paragraph 7

7. Encourages the Member States to introduce effective measures to ensure better protection for the personal safety of journalists, in particular investigative journalists. Calls on the Member States to adopt preventive measures, such as police protection and availability of schemes providing relocation, safe houses or shelters whenever there is a threat to journalists; emphasises that ensuring the safety of journalists is paramount to ensuring that democracy and freedom of expression is protected;

Amendment 68 #

Niyazi KIZILYÜREK, Martina MICHELS, Alexis GEORGOULIS

Draft opinion
Paragraph 7

7. Encourages the Member States to introduce effective measures to ensure better protection for the personal safety of journalists, in particular investigative journalists.; is concerned about the increasing intimidation of and acts of aggression and harassment against journalists, especially against female journalists;

Amendment 69 #

Draft opinion
Paragraph 7

7. Encourages the Member States to introduce effective measures to ensure ~~better~~ protection for the personal safety of journalists, in particular investigative journalists. including through the development and facilitation of international networks with the goal of connecting and protecting those in the media;

Amendment 7 #

Loucas FOURLAS, Maria WALSH, Theodoros ZAGORAKIS, Tomasz FRANKOWSKI

Draft opinion
Paragraph 1

1. Underlines that an independent, impartial, professional and responsible media is a key pillar of democracy; expresses serious concerns about the situation in some Member States whereby media laws a~~llow for greate~~nd related regulatory and administrative practices allow for political interference;

Amendment 70 #

Draft opinion
Paragraph 7

Amendment 71 #

Draft opinion
Paragraph 7

Amendment 72 #

Draft opinion
Paragraph 7

7. Encourages the Member States to introduce effective measures to ensure better protection for the personal safety of journalists~~, in particular investigative journalist~~ and whistle-blowers.

Amendment 73 #

Loucas FOURLAS, Maria WALSH, Theodoros ZAGORAKIS, Tomasz FRANKOWSKI

Draft opinion
Paragraph 7 a (new)

7 a. Emphasises the importance of education regarding media pluralism, democracy and SLAPPs in sensitising the public and legal professionals, in particular judges and lawyers, to the issue; Calls on the Commission and Member States to develop public awareness campaigns and specialised training for legal professionals; Urges the Commission to create an emergency fund for victims of SLAPPs;

Amendment 74 #

Victor NEGRESCU

Draft opinion
Paragraph 7 a (new)

7 a. Calls for more investments by the Commission and Member States in journalism training and reiterates the need to increase the level of information and know-how about the EU by the different national media; encourages the EU institutions to continue to provide content and information in all EU languages;

Amendment 75 #

Draft opinion
Paragraph 7 a (new)

7 a. Supports essential training for journalists from minority groups so that they are not silenced; Stresses that various cultures should be visible in the mainstream media of Member States;

Amendment 76 #

Victor NEGRESCU

Draft opinion
Paragraph 7 b (new)

7 b. Calls on the Commission to recognize fake news as a threat to the objective and proper information of EU citizens and underlines the need to encourage social media companies to detect and address in an open and transparent manner misinformation by partnering in this regard with independent media providers with specific knowledge in the fields and regions of interest;

Amendment 77 #

Loucas FOURLAS, Maria WALSH, Theodoros ZAGORAKIS, Tomasz FRANKOWSKI

Draft opinion
Paragraph 7 b (new)

7 b. Calls on the Member States and media organisations to support and develop incentive measures, for the equal representation of women and men in the profession at all levels;

Amendment 78 #

Loucas FOURLAS, Maria WALSH, Theodoros ZAGORAKIS, Tomasz FRANKOWSKI

Draft opinion
Paragraph 7 c (new)

7 c. Stresses the need of the regulation of the journalistic profession, by setting specific criteria in all Member States for a person in order to acquire the status of a journalist;

Amendment 8 #

Draft opinion
Paragraph 1

1. Underlines that an independent, impartial, professional, representative and responsible media is a key pillar of democracy; expresses serious concerns about the situation in some Member States whereby media laws allow for greater political and economic interference;

Amendment 9 #

Victor NEGRESCU

Draft opinion
Paragraph 1 a (new)

1 a. Reiterates the importance of protecting the independence of media across Europe, in particular in front of the abuses committed by governments in different Member States; underlines the importance of maintaining the independence of public television and radio networks; acknowledges the decision made by the Romanian Constitutional Court that condemns the illegal changes of the presidents of the public National Television Broadcaster and the Romanian Radio Network and calls upon the Commission to address the issue publicly;

source: 695.083

2021/07/09 JURI, LIBE 90 amendments...

Amendment 341 #

Motion for a resolution
Annex – title

~~ANNEX~~SPECIFIC RECOMMENDATIONS TO THE COMMISSION

Amendment 342 #

Motion for a resolution
Annex – point 1 – part I – introductory part

Legislative measures - a package addressing SLAPPs, including early dismissal mechanisms, should include proposals:

Amendment 343 #

Motion for a resolution
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 344 #

Motion for a resolution
Annex – point 1 – part I– indent 1

for general rules providing ~~protection~~for procedural safeguards, common to both civil and criminal cases, aimed at protecting victims against SLAPPs;

Amendment 345 #

Motion for a resolution
Annex – point 1 – part I – indent 2

specifically addressing questions of civil justice and private international law, including judicial cooperation and forum shopping;

Amendment 346 #

Motion for a resolution
Annex – point 1 – part I – indent 2

specifically addressing ~~questions of civil justice~~private international law aspects;

Amendment 347 #

Motion for a resolution
Annex – point 1 – part I– indent 3

addressing in particular issues of criminal justice and equality of arms in access to justice

Amendment 348 #

Ramona STRUGARIU, Anna Júlia DONÁTH, David CASA, Dace MELBĀRDE, Michal ŠIMEČKA, Hilde VAUTMANS, Olivier CHASTEL, Fabienne KELLER, Karen MELCHIOR, Maite PAGAZAURTUNDÚA

Motion for a resolution
Annex – point 1 – part II – indent 1a (new)

support for the creation of dedicated national networks of specialised lawyers, legal practitioners and psychologists, easily available for victims of SLAPPs and their families;

Amendment 349 #

Motion for a resolution
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 350 #

Ramona STRUGARIU, Anna Júlia DONÁTH, David CASA, Dace MELBĀRDE, Michal ŠIMEČKA, Hilde VAUTMANS, Olivier CHASTEL, Fabienne KELLER, Karen MELCHIOR, Maite PAGAZAURTUNDÚA

Motion for a resolution
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

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 352 #

Motion for a resolution
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 353 #

Motion for a resolution
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 354 #

Motion for a resolution
Annex – point 1 – part II – indent 3

the creation of a specific Union fund to provide ~~financial~~ support to victims of SLAPPs, including in terms of financial aid, legal assistance and psychological support;

Amendment 355 #

Motion for a resolution
Annex – point 1 – part II – indent 3

~~the creation of~~ a specific Union fund to provide financial, legal and psychological support to victims of SLAPPs;

Amendment 356 #

Motion for a resolution
Annex – point 1 – part II – indent 4

support for independent bodies (such as ombudspersons) able to deal with complaints from persons threatened or faced with SLAPP suits, and to provide assistance to them and support for media self-regulatory bodies dealing with ethical complaints by the public and promoting the importance of ethics and professional journalistic practices;

Amendment 357 #

Ramona STRUGARIU, Anna Júlia DONÁTH, David CASA, Dace MELBĀRDE, Michal ŠIMEČKA, Hilde VAUTMANS, Olivier CHASTEL, Fabienne KELLER, Karen MELCHIOR, Maite PAGAZAURTUNDÚA

Motion for a resolution
Annex – point 1 – part II – indent 4

support for independent bodies (such as ombudspersons) able to deal with complaints from persons threatened or faced with SLAPP suits, and to provide assistance to them, and support for media self-regulatory bodies dealing with ethical complaints by the public and promoting the importance of ethics and professional journalistic practices;

Amendment 358 #

Motion for a resolution
Annex – point 1– part II – indent 4

Amendment 359 #

Motion for a resolution
Annex – point 1 – part II – indent 4

support for independent bodies (such as ombudspersons) able to deal with complaints from persons threatened or faced with SLAPP suits, and to provide assistance to them, both within and outside the judicial process, and 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)

support for media self-regulatory bodies dealing with ethical complaints by the public and promoting the importance of ethics and professional journalistic practices;

Amendment 362 #

Ramona STRUGARIU, Anna Júlia DONÁTH, David CASA, Dace MELBĀRDE, Michal ŠIMEČKA, Hilde VAUTMANS, Olivier CHASTEL, Fabienne KELLER, Karen MELCHIOR, Maite PAGAZAURTUNDÚA

Motion for a resolution
Annex – point 1 – part II – indent 6

a ‘one-stop-shop’/support hub which victims of SLAPPs can contact and where they can receive guidance and easy access to information on and support against SLAPPs, including regarding ‘first aid’, legal aid, financial and psychological support, including through peer exchange networks;

Amendment 363 #

Motion for a resolution
Annex – point 1 – part II – indent 6

a ‘one-stop-shop’/support hub which victims of SLAPPs can contact and where they can receive guidance and easy access to information and support 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

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 365 #

Motion for a resolution
Annex – point 1 – part II – indent 6a (new)

the establishment of a priority list of Member States where EU action against SLAPPs, notably concerning human rights and environmental defenders, should be intensified.

Amendment 366 #

Motion for a resolution
Annex – point 2 – part I– introductory part

A legislative proposal for a general protection measures would have the overall aim of protecting individuals a~~im of protecting persons investigating or repor~~nd 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 367 #

Motion for a resolution
Annex – point 2 – part I – introductory part

2. A legislative proposal for a general protection measure would have the dual aim of protecting persons investigating ~~or repor~~, reporting on or otherwise exposing matters of public interest pointing to:

Amendment 368 #

Motion for a resolution
Annex – point 2 – part I – introductory part

A legislative proposal for a general protection measure would have the dual aim of protecting persons investigating or reporting:

Amendment 369 #

Ramona STRUGARIU, Anna Júlia DONÁTH, David CASA, Dace MELBĀRDE, Michal ŠIMEČKA, Hilde VAUTMANS, Olivier CHASTEL, Fabienne KELLER, Karen MELCHIOR, Maite PAGAZAURTUNDÚA

Motion for a resolution
Annex – point 2 – part I – introductory part

A legislative proposal for a general protection measure would have the dual aim of protecting persons investigating ~~or report~~, reporting, or exposing matters of public interest concerning:

Amendment 370 #

Motion for a resolution
Annex – point 2 – part I – introductory part

A legislative proposal for a general protection measure would have the dual aim of protecting persons investigating ~~or repor~~, reporting or otherwise exposing matters of public interest pointing to:

Amendment 371 #

Motion for a resolution
Annex – point 2 – part I – point (a)

(a) possible breaches of Union law;

Amendment 372 #

Ramona STRUGARIU, Anna Júlia DONÁTH, David CASA, Dace MELBĀRDE, Michal ŠIMEČKA, Hilde VAUTMANS, Olivier CHASTEL, Fabienne KELLER, Karen MELCHIOR, Maite PAGAZAURTUNDÚA

Motion for a resolution
Annex – point 2 – part I – point a

(a) possible breaches of Union law;

Amendment 373 #

Motion for a resolution
Annex – point 2 – part I – point a

(a) possible breaches of Union law;

Amendment 374 #

Motion for a resolution
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)

(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)

(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)

(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 378 #

Motion for a resolution
Annex – point 2 – part I – point b

(b) unlawful practices that threaten the proper functioning of the internal market.

Amendment 379 #

Motion for a resolution
Annex – point 2 – part II – point -a (new)

(-a) clear and harmonised definitions;

Amendment 380 #

Motion for a resolution
Annex – point 2 – part II – point b

(b) ~~the prohibition of retaliation and~~ effective penalties against SLAPP actions;

Amendment 381 #

Motion for a resolution
Annex – point 2 – part II – point b

(b) the prohibition of retaliation ~~and~~, effective and dissuasive penalties against SLAPP actions;

Amendment 382 #

Motion for a resolution
Annex – point 2 – part II – point b

(b) the prohibition of retaliation and effective penalties against SLAPP actions and against the abuse of the anti-SLAPP safeguards;

Amendment 383 #

Motion for a resolution
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)

(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 385 #

Motion for a resolution
Annex – point 2 – part II – point c – subpoint ii

(ii) legal, moral and financial aid;

Amendment 386 #

Motion for a resolution
Annex – point 2 – part II – point d

(d) the prohibition of retaliation and the establishment of effective measures to protect against such retaliation.

Amendment 387 #

Motion for a resolution
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)

(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 389 #

Motion for a resolution
Annex – point 2 – part III

The legislative proposal should lay down common minimum standards on procedural safeguards and other preventive, supporting and deterrent measures providing protection from abusive lawsuits against public participation. In particular, the proposal should include: (-a) a comprehensive definition of public participation; (a) the obligation for the claimant in cases concerning public participation to specify and provide means of proof of why the action is not abusive; (b) the obligation for courts to summarily dismiss abusive lawsuits at an early stage in the judicial process; (c) the obligation for courts to consider the abusive element in any final decision; (d) the possibility for third parties to intervene and subrogate to the defendant’s rights and obligations; (e) the obligation for courts to consider the public interest when assessing costs and the award of damages; (f) means to protect victims against SLAPPs brought outside the Union; (g) the right to the full award of costs; (h) the right to damages for material or immaterial harm.

Amendment 390 #

2a. The proposal should include: (a) the obligation for courts to summarily dismiss abusive lawsuits; (b) the obligation for courts to consider the abusive element in any final decision; (c) the possibility for third parties to intervene and subrogate to the defendant’s rights and obligations; (d) the obligation for courts to consider the public interest when assessing costs and the award of damages; (e) means to protect victims against SLAPPs brought outside the Union; (f) the right to the full award of costs; (g) the right to damages;

Amendment 391 #

Motion for a resolution
Annex – point 3– part 1

A proposal for a civil procedure measure applicable in cross-border cases should include: (a) the obligation for the claimant in cases concerning public participation to specify and provide means of proof of why the action is not abusive; (b) the obligation for courts to summarily dismiss abusive lawsuits; (c) the obligation for courts to consider the abusive element in any final decision; (d) the possibility for third parties to intervene and subrogate to the defendant’s rights and obligations; (e) the obligation for courts to consider the public interest when assessing costs and the award of damages; (f) means to protect victims against SLAPPs brought outside the Union; (f) the right to the full award of costs; (g) the right to damages.deleted

Amendment 392 #

Motion for a resolution
Annex – point 3 – title

3. Civil procedure and private international law

Amendment 393 #

Motion for a resolution
Annex – point 3 – part I

A legislative proposal for a civil procedure measure applicable in cross-border cases should include: (a) the obligation for the claimant in cases concerning public participation to specify and provide means of proof of why the action is not abusive; (b) the obligation for courts to summarily dismiss abusive lawsuits; (c) the obligation for courts to consider the abusive element in any final decision; (d) the possibility for third parties to intervene and subrogate to the defendant’s rights and obligations; (e) the obligation for courts to consider the public interest when assessing costs and the award of damages; (f) means to protect victims against SLAPPs brought outside the Union; (f) the right to the full award of costs; (g) the right to damagesdevelop judicial cooperation in civil matters so as to address cross-border SLAPP cases by providing for harmonised rules on SLAPPs arising from claims of civil law.

Amendment 394 #

Motion for a resolution
Annex – point 3 – part I – introductory part

A proposal for ~~a civil procedur~~legislative measures applicable in ~~cross-border~~SLAPP cases should include:

Amendment 395 #

Ramona STRUGARIU, Anna Júlia DONÁTH, David CASA, Dace MELBĀRDE, Michal ŠIMEČKA, Hilde VAUTMANS, Olivier CHASTEL, Fabienne KELLER, Karen MELCHIOR, Maite PAGAZAURTUNDÚA

A proposal for a civil procedure measure applicable in both cross-border and non- cross-border cases should include:

Amendment 396 #

Motion for a resolution
Annex – point 3 – part 1 – introductory part

A proposal for a civil procedure measure applicable in SLAPP cases, also with a cross-border ~~cases~~nature, should include:

Amendment 397 #

Motion for a resolution
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 abusive~~proof 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 398 #

(a) the obligation for the claimant in cases concerning public participation to specify and provide means of ~~proof~~justification of why the action is not abusive;

Amendment 399 #

Motion for a resolution
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 400 #

Ramona STRUGARIU, Anna Júlia DONÁTH, David CASA, Dace MELBĀRDE, Michal ŠIMEČKA, Hilde VAUTMANS, Olivier CHASTEL, Fabienne KELLER, Karen MELCHIOR, Maite PAGAZAURTUNDÚA

(b) the obligation for courts to summarily dismiss abusive lawsuits; at a very early stage;

Amendment 401 #

(b) the obligation for courts to summarily dismiss abusive lawsuits at a very early stage;

Amendment 402 #

Motion for a resolution
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

(c) the obligation for courts t~~o consider the~~hat identify an abusive element in an legal procedure suggesting a SLAPP attempt to take all necessary fin~~al 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 404 #

(d) the possibility for third parties to intervene and subrogate to the defendant’s rights and obligations according to national procedural law;

Amendment 405 #

Motion for a resolution
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)

(fa) means to protect victims against SLAPPs brought from outside the Union;

Amendment 407 #

Motion for a resolution
Annex – point 3 – part I – point g

(g) the right to damages, including for economic, reputational, psychological or other damages suffered.

Amendment 408 #

Motion for a resolution
Annex – point 3 – part II – introductory part

~~A proposal from the Commission following the review of private international law instruments should establish~~In order to achieve the overarching aim of predictability in EU private international law, a legislative proposal from the Commission following the review of Brussels Ia and Rome II regulations should:

Amendment 409 #

Ramona STRUGARIU, Anna Júlia DONÁTH, David CASA, Dace MELBĀRDE, Michal ŠIMEČKA, Hilde VAUTMANS, Olivier CHASTEL, Fabienne KELLER, Karen MELCHIOR, Maite PAGAZAURTUNDÚA

Motion for a resolution
Annex – point 3 – part II – point a

(a) a bespoke rule concerning claims arising from public participation, distinguishing jurisdiction in such cases from ordinary torts, whereby the habitual residence of the defendant as the sole forum;

Amendment 410 #

Motion for a resolution
Annex – point 3 – part II – point a

(a) a recast of the Brussels I Regulation with an explicit rule that in defamation claims or other claims based in civil and commercial law which may constitute a SLAPP the habitual residence of the defendant ashould be the sole forum;

Amendment 411 #

Motion for a resolution
Annex – point 3 – part II – point a

(a) establish the habitual residence of the defendant as the sole forum;

Amendment 412 #

Motion for a resolution
Annex – point 3 – part II – point a

(a) the ~~habitual residenc~~domicile of the defendant as the sole forum;

Amendment 413 #

Motion for a resolution
Annex – point 3 – part II – point b

(b) that the applicable law is the law of the place ~~where the investigation or reporting took place~~to which a publication is directed or, should that place not be possible to identify, the place of editorial control or relevant activity with regard to the public participation.

Amendment 414 #

Motion for a resolution
Annex – point 3 – part II – point b

(b) that the applicable law is the law of the place ~~where the investigation or reporting took place.~~to 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 415 #

Motion for a resolution
Annex – point 3 – part II – point b

(b) determine that the applicable law i~~s the law of the place where the investigation or reporting took place~~n cases of defamation is the law of the place to which the publication is directed, and, supplementarily, the place of editorial control and/or the place in which the main elements of harm are situated.

Amendment 416 #

Ramona STRUGARIU, Anna Júlia DONÁTH, David CASA, Dace MELBĀRDE, Michal ŠIMEČKA, Hilde VAUTMANS, Olivier CHASTEL, Fabienne KELLER, Karen MELCHIOR, Maite PAGAZAURTUNDÚA

Motion for a resolution
Annex – point 3 – part II – point b

(b) that the applicable law is the law of the place ~~where the investigation or reporting took place~~to which a publication is directed and, supplementary, the place of editorial control.

Amendment 417 #

Motion for a resolution
Annex – point 3 – part II – point b

(b) that the applicable law is the law of the place ~~where the investigation or reporting took place~~to 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 418 #

Motion for a resolution
Annex – point 4 – introductory part

A ~~legislative~~ proposal regarding criminal law aspects of SLAPPs, should:

Amendment 419 #

Motion for a resolution
Annex – point 4 – point a

(a) specify that defamation, libel and slander constitute criminal offences in most Member States, and cannot be used for SLAPPs, in particular through private prosecution, and recommends Member States to decriminalize defamation as stated by the Council of Europe and OSCE;

Amendment 420 #

Motion for a resolution
Annex – point 4 – point a

Amendment 421 #

Motion for a resolution
Annex – point 4 – point b

(b) specify that prosecution cannot be used to silence ~~journalists, academics, civil society~~public watchdogs, civil society actors and other actors engaging in public participation, including journalists, academics, human rights and environmental defenders, whistleblowers, activists, civil society organizations and NGOs;

Amendment 422 #

Motion for a resolution
Annex – point 4 – point b

Amendment 423 #

Motion for a resolution
Annex – point 4 – point b

(b) specify that prosecution cannot be used to silence ~~journalists, academics, civil society~~public watchdogs, civil society actors and other actors engaging in public participation, including journalists, academics, rights defenders, whistleblowers, activists and NGOs;

Amendment 424 #

Motion for a resolution
Annex – point 4 – point b

(b) specify that prosecution cannot be used to silence ~~journalists, academic~~public 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 425 #

Motion for a resolution
Annex – point 4 – point b

(b) specify that private prosecution cannot be used to silence journalists, publishers, academics, civil society and NGOs;

Amendment 426 #

Motion for a resolution
Annex – point 4 – point b

(b) specify that prosecution cannot be used to silence journalists, publishers, academics, civil society and NGOs;

Amendment 427 #

Motion for a resolution
Annex – point 4 – point c

(c) facilitate mutual recognition of judgements and judicial decisions~~, and police and judicial cooperation in criminal matters.~~;

Amendment 428 #

Motion for a resolution
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;

Amendment 429 #

Motion for a resolution
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;

Amendment 430 #

Motion for a resolution
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.

Amendment Amendment361 #

Diana RIBA I GINER, Marie TOUSSAINT, Grace O'SULLIVAN, Anna DEPARNAY-GRUNENBERG, Benoît BITEAU

Motion for a resolution
Annex – point 1 – part II –indent 5

source: 695.300

2021/07/15 JURI, LIBE 340 amendments...

Amendment 1 #

Motion for a resolution
Citation 2

— having regard to the Treaty on the Functioning of the European Union (TFEU) and in particular Articles 50, 56, 70, 81, 82, 114 and 352 thereof,

Amendment 10 #

Terry REINTKE, Malin BJÖRK, Maria WALSH, Liesje SCHREINEMACHER, Marc ANGEL, Marie TOUSSAINT, Łukasz KOHUT, Michal ŠIMEČKA, Sylwia SPUREK, Hilde VAUTMANS, Cyrus ENGERER, Gwendoline DELBOS-CORFIELD, Manon AUBRY, Olivier CHASTEL, Ramona STRUGARIU, Isabel SANTOS, Erik MARQUARDT, Diana RIBA I GINER

Motion for a resolution
Citation 26 a (new)

— having regard to LGBTIQ Equality Strategy (2020-2025) (COM(2020)698),

Amendment 100 #

Łukasz KOHUT, Petar VITANOV, Cyrus ENGERER, Bettina VOLLATH, Tanja FAJON, Domènec RUIZ DEVESA, Birgit SIPPEL, Klára DOBREV

Motion for a resolution
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 be brought within the Union also by actors in third countries and before courts in third countries;

Amendment 101 #

Motion for a resolution
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 102 #

Motion for a resolution
Recital D

D. whereas SLAPPs within the Union are often cross-border in nature, which results in reporting delays or incomplete information, 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 or transmit incomplete information, by halting or discrediting the work of individual journalists and publishing entities, hence depriving citizens of their right to full and accurate information;

Amendment 103 #

Motion for a resolution
Recital D

Amendment 104 #

Diana RIBA I GINER, Marie TOUSSAINT, Grace O'SULLIVAN, Benoît BITEAU, Anna DEPARNAY-GRUNENBERG, Sarah WIENER

Motion for a resolution
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 may constitute a ~~clear~~n 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;

Amendment 105 #

Motion for a resolution
Recital D a (new)

D a. Whereas in recent years online hate speech has become increasingly widespread against journalists, NGOs, academics and civil society organisations, human rights defenders, including those defending women’s rights, gender equality and LGBTQI rights, thus threatening media freedom, freedom of expression and of association, and can have a chilling effect; recalls that online hate speech is often spilled over into reality offline; stresses that hate speech is rooted in social biases and stereotypes, and highlights that they are the result of systemic and social discrimination, including gender, racial and economic discrimination, patriarchal structures and the unequal distribution of power in society, which are reproduced and magnified online and result in more extreme consequences for some individuals and groups in vulnerable situations;

Amendment 106 #

Motion for a resolution
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 107 #

Ramona STRUGARIU, Anna Júlia DONÁTH, David CASA, Maite PAGAZAURTUNDÚA, Hilde VAUTMANS, Michal ŠIMEČKA, Olivier CHASTEL, Jana TOOM, Karen MELCHIOR, Fabienne KELLER, Dace MELBĀRDE

Motion for a resolution
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 108 #

Diana RIBA I GINER, Marie TOUSSAINT, Grace O'SULLIVAN, Anna DEPARNAY-GRUNENBERG, Benoît BITEAU

Motion for a resolution
Recital D a (new)

D a. whereas, on the one hand, the lack of direct legislation in any Member State on the issue of SLAPPs and, on the other hand, the existence of often ambiguous and broad national provisions in this context, as well as of harsh penalties including of criminal nature, significantly contribute to the growth of these abusive lawsuits and the subsequent intimidation of their targets;

Amendment 109 #

Łukasz KOHUT, Petar VITANOV, Cyrus ENGERER, Bettina VOLLATH, Tanja FAJON, Domènec RUIZ DEVESA, Klára DOBREV

Motion for a resolution
Recital D a (new)

D a. whereas the murders of David Beriain and Roberto Fraile in Burkina Faso on the 26 April 2021 are the last of an increasing list of despicable assassinations of European journalists in Europe and abroad; whereas the OSCE reports that impunity prevails as, for example, fewer than 15 % of murders of journalists in the OSCE region are solved;

Amendment 11 #

Motion for a resolution
Citation 27

— having regard to the Commission communication of 30 September 2020 on the 2020 Rule of Law Report – the rule of law situation in the European Union (COM(2020)0580), and its 27 accompanying country chapters on the rule of law in the Member States(SWD(2020)0300-0326),

Amendment 110 #

Motion for a resolution
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 111 #

Motion for a resolution
Recital D a (new)

D a. Whereas soft law measures are a welcomed supporting measure to accompany a legislative proposal and the revision of certain private international law currently in force, however on their own they do not provide full judicial protection;

Amendment 112 #

Motion for a resolution
Recital D a (new)

D a. whereas raising awareness on SLAPPs plays a crucial role in sensitising both the public and legal professionals, in particular judges and lawyers, to the issue;

Amendment 113 #

Motion for a resolution
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 114 #

Łukasz KOHUT, Petar VITANOV, Cyrus ENGERER, Bettina VOLLATH, Tanja FAJON, Domènec RUIZ DEVESA, Birgit SIPPEL, Klára DOBREV

Motion for a resolution
Recital D b (new)

D b. whereas SLAPP suits can be issued by private entities and public actors including state-owned companies thus becoming a tool of exerting political power; whereas in the case of public authorship of SLAPPs the damage borne by SLAPP victims can be even greater;

Amendment 115 #

Motion for a resolution
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 116 #

Motion for a resolution
Recital D d (new)

D d. whereas the Covid-19 pandemic has placed a new burden and responsibility on the press with new restrictions being introduced, such as removing the power from parliaments to control emergency masures, limiting freedom of the press and arresting, detaining or charging journalists reporting on the pandemic;

Amendment 117 #

Motion for a resolution
Subheading 1

~~Effects on fundamental rights and the rule of law~~deleted

Amendment 118 #

Motion for a resolution
Paragraph -1 (new)

-1. Points out that SLAPPs are legal proceedings or actions based on civil and criminal law, as well as the threats of such actions, seeking to prevent reporting on breaches of Union and national law, corruption or other fraudulent practices or to block public participation;

Amendment 119 #

Diana RIBA I GINER, Marie TOUSSAINT, Grace O'SULLIVAN, Benoît BITEAU, Sarah WIENER, Anna DEPARNAY-GRUNENBERG

Motion for a resolution
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 12 #

Motion for a resolution
Citation 27 a (new)

— having regard to the Commission communication ‘A Union of Equality: Gender Equality Strategy 2020-2025’,

Amendment 120 #

Anna Júlia DONÁTH, Ramona STRUGARIU, Karen MELCHIOR, Sylwia SPUREK, Hilde VAUTMANS, Fabienne KELLER

Motion for a resolution
Paragraph 1

1. Highlights that SLAPPs intend to censor, intimidate, and silence critics such as media outlets journalists, NGOs, activists and other actors engaging in public participation, by burdening them with the cost and time of a legal defense until they abandon their criticism or opposition, therefore SLAPPs are a direct attack on the exercise of fundamental rights and freedoms, particularly the freedom of expression; underlines that fundamental rights and democracy are linked to upholding the rule of law, and that undermining media freedom and public democratic participation threatens Union values as enshrined in Article 2 of the TEU; is of the opinion that SLAPPs are particularly concerning if they are funded directly or indirectly from state budgets and are combined with other indirect and direct state measures against independent media outlets, independent journalism and civil society including unlawful state aid to government friendly outlets, financing disinformation and GONGOs; 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 a comprehensive analysis of the regulatory and political environment in which civil society organisations operate;

Amendment 121 #

Diana RIBA I GINER, Marie TOUSSAINT, Grace O'SULLIVAN, Benoît BITEAU, Anna DEPARNAY-GRUNENBERG, Sarah WIENER

Motion for a resolution
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 of information, media freedom and the 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 concrete measures and best practices in countering them; calls ~~for~~on the ~~annual report to include~~Commission to include in the 2021 and subsequent rule of law reports 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 such as the chilling effect on public democratic participation, including as regards SLAPPs targeting NGOs, activists and rights defenders, and include relevant indicators in order to measure progress;

Amendment 122 #

Motion for a resolution
Paragraph 1

Amendment 123 #

Ramona STRUGARIU, Anna Júlia DONÁTH, David CASA, Maite PAGAZAURTUNDÚA, Hilde VAUTMANS, Michal ŠIMEČKA, Olivier CHASTEL, Karen MELCHIOR, Fabienne KELLER, Dace MELBĀRDE, Jana TOOM

Motion for a resolution
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 124 #

Łukasz KOHUT, Petar VITANOV, Cyrus ENGERER, Bettina VOLLATH, Tanja FAJON, Domènec RUIZ DEVESA, Birgit SIPPEL, Klára DOBREV

Motion for a resolution
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, media freedom and public democratic participation ~~threatens~~– including freedom of expression, media freedom and rights to peaceful assembly and association and on 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 annual and subsequent 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 125 #

Motion for a resolution
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 126 #

Motion for a resolution
Paragraph 1

Amendment 127 #

Motion for a resolution
Paragraph 1

1. Highlights that SLAPPs are a direct attack on the exercise of fundamental rights and freedoms, and represent a genuine obstacle to such exercise; underlines that fundamental rights and democracy are lin~~ked~~herent to upholding the rule of law, and that undermining media freedom and public democratic participation, along with hindering access to full and accurate information, 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, with the emphasis on the protection of whistle-blowers;

Amendment 128 #

Terry REINTKE, Malin BJÖRK, Maria WALSH, Liesje SCHREINEMACHER, Marc ANGEL, Marie TOUSSAINT, Michal ŠIMEČKA, Sylwia SPUREK, Hilde VAUTMANS, Cyrus ENGERER, Gwendoline DELBOS-CORFIELD, Manon AUBRY, Olivier CHASTEL, Ramona STRUGARIU, Isabel SANTOS, Erik MARQUARDT, Diana RIBA I GINER

Motion for a resolution
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 129 #

Diana RIBA I GINER, Marie TOUSSAINT, Grace O'SULLIVAN, Benoît BITEAU, Anna DEPARNAY-GRUNENBERG, Sarah WIENER

Motion for a resolution
Paragraph 1

Amendment 13 #

Motion for a resolution
Citation 27 b (new)

— having regard to LGBTIQ Equality Strategy (2020-2025) (COM(2020)698),

Amendment 130 #

Motion for a resolution
Paragraph 1

Amendment 131 #

Motion for a resolution
Paragraph 1

Amendment 132 #

Motion for a resolution
Paragraph 1

1. Highlights that SLAPPs are a direct attack on the exercise of fundamental rights and freedoms aimed at silencing the diversity of public thought and opinion; underlines that fundamental rights and democracy are linked to upholding the rule of law, and that undermining 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;

Amendment 133 #

Diana RIBA I GINER, Marie TOUSSAINT, Grace O'SULLIVAN, Benoît BITEAU, Anna DEPARNAY-GRUNENBERG, Sarah WIENER

Motion for a resolution
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 134 #

1 a. Underlines that SLAPPs are, in essence, attempts to abuse the law and the courts to undermine the right of individuals or organisations to engage in public participation by expressing their views on issues of public interest; is deeply concerned about the severe chilling effect on democratic debate and participation that SLAPPs have;

Amendment 135 #

Motion for a resolution
Paragraph 1 a (new)

1 a. Stresses that NGOs, civil society organisations, journalists and media organisations are not public prosecutors or judges, and that any allegation made by such organisations should be verified before an independent court of law, including examination by the plaintiff;

Amendment 136 #

Diana RIBA I GINER, Marie TOUSSAINT, Grace O'SULLIVAN, Benoît BITEAU, Anna DEPARNAY-GRUNENBERG, Sarah WIENER

Motion for a resolution
Paragraph 1 a (new)

1 a. Recalls the importance of transparency and accountability of media platforms and therefore encourages them to offer access to fact-checkers, researchers and civil society by making more data available in order to prevent misinformation, disinformation and manipulation;

Amendment 137 #

Motion for a resolution
Paragraph 1 b (new)

1 b. Stresses that public participation is the bedrock on which democracy rests, it ensures public scrutiny and better decision-making by holding power account; points out that public participation can be expressed in a variety of behaviours of a natural or legal person directed at engaging on a matter of public interest which can include the exercise of public scrutiny and public information, including actions and activities resulting from the exercise of the right to freedom of expression and of information, the right to freedom of association and peaceful assembly, the right to good administration and the right to an effective remedy;

Amendment 138 #

Motion for a resolution
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 139 #

Diana RIBA I GINER, Marie TOUSSAINT, Grace O'SULLIVAN, Benoît BITEAU, Anna DEPARNAY-GRUNENBERG, Sarah WIENER

Motion for a resolution
Paragraph 1 b (new)

1 b. Calls on the Member States to include media literacy and critical thinking in the national curricula and work closely with journalists in this respect, at all levels of society, especially with the young public and those vulnerable to misinformation, disinformation and manipulation; encourages support for hubs of myths debunking and calls on the media platforms to act in this respect.

Amendment 14 #

Motion for a resolution
Citation 27 c (new)

— having regard to the study entitled “SLAPP in the EU context” of 29 May 2020 by Petra Bárd, Judit Bayer, Ngo Chun Luk and Lina Vosyliute 1d, _________________ 1d https://ec.europa.eu/info/sites/default/files /ad-hoc-literature-review-analysis-key- elements-slapp_en.pdf

Amendment 140 #

Motion for a resolution
Paragraph 1 b (new)

1 b. Recognizes that NGOs, civil society organisations, journalists and media organisations could both be the defendant and the plaintiff in SLAPPs, given the fact that many such organisations are multi-billion euro multinationals;

Amendment 141 #

Diana RIBA I GINER, Marie TOUSSAINT, Grace O'SULLIVAN, Benoît BITEAU, Anna DEPARNAY-GRUNENBERG, Sarah WIENER

Motion for a resolution
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 142 #

Motion for a resolution
Paragraph 1 c (new)

1 c. Expresses serious concern about the shrinking space for civil society organisations, and the threat to journalists and human rights defenders, who communicate on important matters within the public interest that are critical of powerful members of society, and the growing use of SLAPPs as a way to silence and intimidate independent media and journalists, civil society organisations, human rights defenders such as women’s and LGBTIQ+ rights defenders, activists such as environmental activists, whistleblowers, academics and artists;

Amendment 143 #

Diana RIBA I GINER, Marie TOUSSAINT, Grace O'SULLIVAN, Benoît BITEAU, Anna DEPARNAY-GRUNENBERG, Sarah WIENER

Motion for a resolution
Paragraph 1 d (new)

1 d. Recalls that the States’ positive obligation to facilitate the exercise of the rights of freedom of expression, peaceful assembly and association includes the duty to establish and maintain a favorable environment for public participation and public watchdogs; stresses the importance that public watchdogs, civil society actors and other actors engaging in public participation are able to operate freely, without fear that they may be subjected to any threats, acts of intimidation or violence;

Amendment 144 #

Motion for a resolution
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 are made known to the public; underlines that protective measures against the practice of SLAPP suits are essential to address the risks that this abusive practice poses to the enforcement of EU law and policies;

Amendment 145 #

Motion for a resolution
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~~via public participation ~~that~~ breaches of Union law, corruption and other practices threatening the proper functioning of the internal market are made known to the public;;

Amendment 146 #

Motion for a resolution
Paragraph 2

2. Emphasises that public participation which relies on a timely and accurately informed public also has an important role to play in the proper functioning of the internal market, as it is often through political discussion and public participation that breaches of Union law, corruption and other practices threatening the proper functioning of the internal market are made known to the public;

Amendment 147 #

Motion for a resolution
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 alleged breaches of Union law, corruption and other practices threatening the proper functioning of the internal market are made known to the public, and can play an important role in legal proceedings;

Amendment 148 #

Motion for a resolution
Paragraph 2

2. Emphasises that public participation and involvement also hasve an important role to play in the proper functioning of the internal market, as it is often through increased public participation that breaches of Union law, corruption and other practices threatening the proper functioning of the internal market are made known to the public;

Amendment 149 #

Motion for a resolution
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 violations of fundamental rights, corruption and other practices threatening the proper functioning of the internal market are made known to the public;

Amendment 15 #

Motion for a resolution
Citation 30

— having regard to the Universal Declaration of Human Rights, in particular Article 191a _________________ 1aArticle 19: Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

Amendment 150 #

Axel VOSS, Ralf SEEKATZ, Antonius MANDERS, Magdalena ADAMOWICZ

Motion for a resolution
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

Amendment 152 #

Motion for a resolution
Paragraph 2

Amendment 153 #

Ramona STRUGARIU, Anna Júlia DONÁTH, David CASA, Maite PAGAZAURTUNDÚA, Hilde VAUTMANS, Michal ŠIMEČKA, Olivier CHASTEL, Jana TOOM, Karen MELCHIOR, Fabienne KELLER, Dace MELBĀRDE

Motion for a resolution
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 154 #

Diana RIBA I GINER, Marie TOUSSAINT, Grace O'SULLIVAN, Benoît BITEAU, Anna DEPARNAY-GRUNENBERG, Sarah WIENER

Motion for a resolution
Paragraph 2 a (new)

2 a. Underlines that SLAPPs cases, or the threat of SLAPPs, runs counter the objective of freedom of establishment and the free movement of services, as it has a ‘chilling effect’ notably on journalists that might exercise self-censorship instead of reporting on matters of public interest occurring in other Member States, risking then to face SLAPPs in different and unknown legal systems;

Amendment 155 #

Diana RIBA I GINER, Marie TOUSSAINT, Grace O'SULLIVAN, Benoît BITEAU, Anna DEPARNAY-GRUNENBERG, Sarah WIENER

Motion for a resolution
Paragraph 2 a (new)

2 a. Draws attention to the fact that media pluralism and diversity is at risk when the very existence of small media providers has been affected by the deliberate threat of disproportionate damages by claimants through libel tourism.

Amendment 156 #

Motion for a resolution
Paragraph 2 b (new)

2 b. Considers to this end that, by contributing to the enforcement of Union law, enhancing the legal protection of rights under Union law, safeguarding the effectiveness of Union law, facilitating the enjoyment of internal market freedoms and preserving the effective functioning of national justice systems and of the common space of judicial cooperation, protection from abusive SLAPPs lawsuits would substantively contribute to the proper functioning of the internal market;

Amendment 157 #

Diana RIBA I GINER, Marie TOUSSAINT, Grace O'SULLIVAN, Benoît BITEAU, Anna DEPARNAY-GRUNENBERG, Sarah WIENER

Motion for a resolution
Paragraph 2 c (new)

2 c. Highlights that although Directive (EU) 2019/1937 (the ‘Whistleblower Directive’) grants a certain level of protection to natural persons who provide confidential advice to whistleblowers, known as ‘facilitators’, such as journalists or any other intermediaries, such protection needs further regulatory clarification, in order to cover circumstances where journalists need protection going beyond the mere risk of reprisals and act independently and outside the scope of the Whistleblower Directive; further emphasizes that legal persons, such as NGOs, are not covered by the Whistleblower Directive;

Amendment 158 #

Diana RIBA I GINER, Marie TOUSSAINT, Grace O'SULLIVAN, Benoît BITEAU, Anna DEPARNAY-GRUNENBERG, Sarah WIENER

Motion for a resolution
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; calls on the Member States, in order to reduce the risk of abuse of process, shorten waiting times and reduce caseloads for prosecutors and/or courts, to introduce the option for judicial authorities to carry out a prior assessment of SLAPP cases in order to declare them inadmissible if they take the view that the legal action is manifestly unfounded or abusive; considers that such prior assessment could be based on objective criteria, such as the number and nature of lawsuits or actions brought by the claimant, the choice of jurisdiction and law applicable to the case, or the existence of a clear imbalance of power between the claimant and the defendant;

Amendment 159 #

Motion for a resolution
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 the length of proceedings and the quality of justice systems, as well as caseload administration and case backlogs; recalls that a properly functioning and independent 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 perform their duties with complete independence and in an impartial manner and are not burdened with the handling of claims that are later on dismissed as abusive and lacking in legal merit;

Amendment 16 #

Diana RIBA I GINER, Marie TOUSSAINT, Grace O'SULLIVAN, Benoît BITEAU, Anna DEPARNAY-GRUNENBERG, Sarah WIENER

Motion for a resolution
Citation 32 a (new)

— having regard to the info note of the UN Special Rapporteur on the rights to Freedom of Peaceful Assembly and of Association on SLAPPs and FoAA rights,

Amendment 160 #

Ramona STRUGARIU, Anna Júlia DONÁTH, David CASA, Maite PAGAZAURTUNDÚA, Hilde VAUTMANS, Michal ŠIMEČKA, Olivier CHASTEL, Jana TOOM, Karen MELCHIOR, Fabienne KELLER, Dace MELBĀRDE

Motion for a resolution
Paragraph 3

Amendment 161 #

Axel VOSS, Ralf SEEKATZ, Antonius MANDERS, Magdalena ADAMOWICZ

Motion for a resolution
Paragraph 3

3. Points out that SLAPPs constitute not only undermine the right of access to justice of SLAPP victims, but also 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;

Amendment 162 #

Łukasz KOHUT, Petar VITANOV, Cyrus ENGERER, Bettina VOLLATH, Tanja FAJON, Domènec RUIZ DEVESA, Klára DOBREV

Motion for a resolution
Paragraph 3

3. Points out that SLAPPs undermine the rule of law and 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;

Amendment 163 #

Motion for a resolution
Paragraph 3

Amendment 164 #

Diana RIBA I GINER, Marie TOUSSAINT, Grace O'SULLIVAN, Benoît BITEAU, Anna DEPARNAY-GRUNENBERG, Sarah WIENER

Motion for a resolution
Paragraph 4

4. Stresses that judicial independence is integral to judicial decision-making and is a requirement resulting from the principle of effective legal protection set out in Article 19 of the TEU; recalls the concerns voiced in the Commission 2020 rule of law report regarding the independence of the judiciary in several Member States and condemns the efforts of the governments of some Member States to weaken the separation of powers and the independence of the judiciary, as well as to use SLAPPs to silence critical voices;

Amendment 165 #

Diana RIBA I GINER, Marie TOUSSAINT, Grace O'SULLIVAN, Benoît BITEAU, Anna DEPARNAY-GRUNENBERG, Sarah WIENER

Motion for a resolution
Paragraph 4 a (new)

4 a. Stresses that the independence, quality and efficiency of national justice systems are crucial for the achievement of effective justice; underlines that the availability of legal aid and the level of court fees can have a major impact on access to justice; points out that the Charter has the same legal value as the Treaties; notes that, in accordance with the guidance of the Court of Justice of the European Union, the Charter is applied by Member States’ judicial authorities only when implementing legal acts of the Union, it is, however, important for the fostering of a common legal, judicial and rule of law culture that the rights as enshrined in the Charter be always taken into account;

Amendment 166 #

Motion for a resolution
Paragraph 4 a (new)

4 a. Underlines that the current disparity of protection deriving from the multiple sets of rules applicable in the Member States has detrimental consequences for the proper functioning of the common space of judicial cooperation established by Union law; stresses indeed that, in most SLAPPs cases, the cross-border elements are taken advantage of for forum shopping, in order to select the jurisdiction where the likelihood of achieving the desired result is the greatest; insists additionally on the fact that the absence of harmonized protection affects mutual trust and impacts on the recognition and enforcement of judgments between Member States;

Amendment 167 #

Motion for a resolution
Paragraph 4 a (new)

4 a. Highlights that in a democratic society the judicial system has a duty to keep a balance between competing human rights such as the freedom of expression and information, on one side, and the right to protect one's reputation, private and family life, on the other side;

Amendment 168 #

Diana RIBA I GINER, Marie TOUSSAINT, Grace O'SULLIVAN, Benoît BITEAU, Anna DEPARNAY-GRUNENBERG, Sarah WIENER

Motion for a resolution
Paragraph 4 a (new)

Amendment 169 #

Motion for a resolution
Paragraph 4 b (new)

4 b. Highlights that the purpose of SLAPPs is not to produce a judgment in favour of the claimant, but to use litigation or the threat of litigation to silence or coerce the respondent into acting in a manner which they might not otherwise accept; underlines the great imbalance of power between the parties where one has the resources and capacity to effectively silence the other through litigation techniques which magnify legal costs and the psychological and economic burden of prolonged proceedings; is concerned that the imbalance of power and resources between the parties undermines the right to a fair trial and to an effective remedy, and recalls that SLAPPs represent in essence an abuse of justice systems;

Amendment 17 #

Łukasz KOHUT, Petar VITANOV, Cyrus ENGERER, Bettina VOLLATH, Tanja FAJON, Domènec RUIZ DEVESA, Klára DOBREV

Motion for a resolution
Citation 35 a (new)

— having regard to the Council of Europe Recommendation of the Committee of Ministers to Member States on the protection of journalism and safety of journalists and other media actors CM/Rec(2016)4[1]

Amendment 170 #

Diana RIBA I GINER, Marie TOUSSAINT, Grace O'SULLIVAN, Benoît BITEAU, Anna DEPARNAY-GRUNENBERG, Sarah WIENER

Motion for a resolution
Paragraph 4 b (new)

4 b. Points to the wide variety of court practices, defamation and freedom of speech standards and points to the need for an increased predictability of jurisdiction, especially for journalists, academics and the media;

Amendment 171 #

Motion for a resolution
Subheading 4

~~Hate speech~~deleted

Amendment 172 #

Diana RIBA I GINER, Marie TOUSSAINT, Grace O'SULLIVAN, Benoît BITEAU, Anna DEPARNAY-GRUNENBERG, Sarah WIENER

Motion for a resolution
Paragraph 5

Amendment 173 #

Motion for a resolution
Paragraph 5

5. Highlights that in recent years online hate speech has become increasingly widespread against journalists, NGOs, academics and civil society, including those defending LGBTQI rights, thus threatening media freedom, freedom of expression and public safety given that online hate speech can incite real-world violence, especially among the young; points to the need to publicise the Code of Conduct on Countering Illegal Hate Speech Online, as promoted by the Commission;

Amendment 174 #

Motion for a resolution
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 175 #

Łukasz KOHUT, Petar VITANOV, Cyrus ENGERER, Bettina VOLLATH, Tanja FAJON, Domènec RUIZ DEVESA, Birgit SIPPEL, Klára DOBREV

Motion for a resolution
Paragraph 5

5. Highlights that in recent years online hate speech has become increasingly widespread against journalists, media organisations, NGOs, academics and civil society, including those defending fundamental rights and freedoms, such as, inter alia, women's rights and LGBTQI rights, thus threatening media freedom, freedom of expression and public safety given that online hate speech can incite real-world violence;

Amendment 176 #

Motion for a resolution
Paragraph 5

5. ~~Highlight~~Believes that ian ~~recent years online hate speech has become increasingly widespread against journalists, NGOs, academics and civil society, including those defending LGBTQI rights, th~~overly broad and imprecise definition of 'hate speech' could be ineffective and lead to the disproportionate and arbitrary use there~~atening media freedom,~~of, undermining freedom of expression, media freedom and public safety ~~given that online hate speech can incite real-world violence~~and compromising the original intentions;

Amendment 177 #

Motion for a resolution
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-world~~offline violence;

Amendment 178 #

Motion for a resolution
Paragraph 5

5. Highlights that in recent years ~~online~~ hate speech ~~has~~and discrimination in the media, both on and offline, have become increasingly widespread against journalists, NGOs, academics and civil society, including those defending LGBTQI rights, thus threatening media freedom, freedom of expression and public safety given; reminds that online hate speech can incite real-world violence;

Amendment 179 #

Diana RIBA I GINER, Marie TOUSSAINT, Grace O'SULLIVAN, Benoît BITEAU, Anna DEPARNAY-GRUNENBERG, Sarah WIENER

Motion for a resolution
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 18 #

Motion for a resolution
Citation 36 a (new)

— having regard to the Council of Europe Commissioner for Human Rights ‘Human Rights Comment: Time to take action against SLAPPs’ issued on 27 October 2020,

Amendment 180 #

Motion for a resolution
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 assembly, as well as public safety given that online hate speech can incite real- world violence;

Amendment 181 #

Motion for a resolution
Paragraph 5

5. Highlights that in recent years online hate speech has become increasingly widespread against journalists, NGOs, academics and civil society, including those defending LGBTQI rights and those reporting on criminal acts by migrants, thus threatening media freedom, freedom of expression and public safety given that online hate speech can incite real-world violence;

Amendment 182 #

Ramona STRUGARIU, Anna Júlia DONÁTH, David CASA, Maite PAGAZAURTUNDÚA, Hilde VAUTMANS, Michal ŠIMEČKA, Olivier CHASTEL, Jana TOOM, Karen MELCHIOR, Fabienne KELLER, Dace MELBĀRDE

Motion for a resolution
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 183 #

Motion for a resolution
Paragraph 5

5. Highlights that in recent years online hate speech has become increasingly widespread against journalists~~, NGOs,~~ and academics ~~and civil society, including those defending LGBTQI rights~~, thus threatening media freedom, freedom of expression ~~and public safety~~ given that online hate speech canould incite real-world violence;;

Amendment 184 #

Motion for a resolution
Paragraph 5

5. Highlights that in recent years online hate speech has become increasingly widespread against journalists, NGOs, academics and civil society, including those defending LGBTQI rights, religion and belief, thus threatening media freedom, freedom of expression and public safety given that online hate speech can incite real-world violence;

Amendment 185 #

Motion for a resolution
Paragraph 5

5. Highlights that in recent years online hate speech ~~has~~and cyber violence have become increasingly widespread against journalists, NGOs, academics and civil society, including those defending LGBTQIQ rights, thus threatening media freedom, freedom of expression and public safety given that online hate speech can incite real-world violence;

Amendment 186 #

Motion for a resolution
Paragraph 5 – subparagraph 1 (new)

Stresses the importance for common European standards and a coordinated approach for dealing with hate speech, particularly in the online environment; welcomes in that regard the proposal for the Digital Services Act (DSA), whereas tackling illegal content and disinformation online are one of its core objectives, to overcome regulatory fragmentation and ensure harmonise legislation across the Union in that area;

Amendment 187 #

Diana RIBA I GINER, Marie TOUSSAINT, Grace O'SULLIVAN, Benoît BITEAU, Anna DEPARNAY-GRUNENBERG, Sarah WIENER

Motion for a resolution
Paragraph 5 a (new)

5 a. Points out that hate speech laws could be used as a legal basis to file SLAPPs against NGOs, civil society organisations and journalists for providing politically incorrect information to the public;

Amendment 188 #

Motion for a resolution
Paragraph 6

6. Stresses that SLAPPs are often meritless, frivolous or based on exaggerated, often abusive 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, with the ultimate objective of blackmailing and forcing them into silence through the judicial procedure itself~~public watchdogs and other actors engaging in public participation, including journalists, academics, civil society organizations, NGOs and activists, human rights and environmental defenders, and whistleblowers, 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 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 189 #

Motion for a resolution
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, publishers, academics, civil society and NGOs, with the ultimate objective of blackmailing and forcing them into silence through the judicial procedure itself; stresses that SLAPPs cause not only financial burden but also bear dire psychological consequences for their targets as well as their family members, aggravated by the fact that the letter may also inherit those abusive proceedings upon the target’s death, as it happened to the husband and sons of investigative journalist Daphne Caruana Galizia; 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 19 #

Anna Júlia DONÁTH, Ramona STRUGARIU, Karen MELCHIOR, Sylwia SPUREK, Hilde VAUTMANS, Fabienne KELLER

Motion for a resolution
Citation 36 a (new)

— having regard to the Council of Europe Commissioner for Human Rights ‘Human Rights Comment: Time to take action against SLAPPs’ issued on 27 October 2020

Amendment 190 #

Motion for a resolution
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, 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 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 191 #

Motion for a resolution
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~~those 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 192 #

Motion for a resolution
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, in most cases, only to intimidate, harass, tire out, put psychological pressure on or consume the financial resources of journalists, academics, civil society and NGOs, with the ultimate objective of blackmailing and forcing them into silence or unjustifiably delaying the publication of accurate information, through the judicial procedure itself; points out that this chilling effect can lead to self- censorship, suppressing participation in democratic life and censoring of freedom of expression, and can also encourage a practice of discouragesing others from undertaking similar actions, from entering ~~into~~ these professions or from proceeding with relevant associated activities;

Amendment 193 #

Motion for a resolution
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, 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; 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 194 #

Motion for a resolution
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, with the ultimate objective of blackmailing and forcing them into silence through the judicial procedure itself; points out that ~~this chilling effect can~~vexatious lawsuits can have great chilling effects, refraining the defendant from exercising again her or his right to report, leading to self- censorship, suppressing participation in democratic life, and also discouragesing others from reporting on similar ~~action~~issues, from entering into these professions or from proceeding with relevant associated activities;

Amendment 195 #

Motion for a resolution
Paragraph 6

6. Stresses that SLAPPs are often meritless, frivolous or based on exaggerated claims, and that in specific cases 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, or 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 canould 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 196 #

Motion for a resolution
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, publishers, academics, civil society and NGOs which engage in the protection of media freedom, 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 197 #

Motion for a resolution
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 198 #

Motion for a resolution
Paragraph 6

Amendment 199 #

Diana RIBA I GINER, Marie TOUSSAINT, Grace O'SULLIVAN, Anna DEPARNAY-GRUNENBERG, Benoît BITEAU

Motion for a resolution
Paragraph 6

6. Stresses that SLAPPs are often without merit~~less~~, 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, with the ultimate objective of blackmailing and forcing them into s~~ilence~~ubmission to imposed narratives 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 2 #

Motion for a resolution
Citation 3

— having regard to the Charter of Fundamental Rights of the European Union, and in particular Articles 11, 12, 15, 47, 48 and 54 thereof,

Amendment 20 #

Diana RIBA I GINER, Marie TOUSSAINT, Grace O'SULLIVAN, Benoît BITEAU, Anna DEPARNAY-GRUNENBERG, Sarah WIENER

Motion for a resolution
Citation 36 b (new)

— having regard to the Resolution of the Council of Europe Ministerial Conference of 11 June 2021 on the safety of journalists,

Amendment 200 #

Ramona STRUGARIU, Anna Júlia DONÁTH, David CASA, Maite PAGAZAURTUNDÚA, Hilde VAUTMANS, Michal ŠIMEČKA, Olivier CHASTEL, Jana TOOM, Karen MELCHIOR, Fabienne KELLER, Dace MELBĀRDE

Motion for a resolution
Paragraph 6

Amendment 201 #

Łukasz KOHUT, Petar VITANOV, Cyrus ENGERER, Bettina VOLLATH, Tanja FAJON, Domènec RUIZ DEVESA, Klára DOBREV

Motion for a resolution
Paragraph 6

Amendment 202 #

Motion for a resolution
Paragraph 6

Amendment 203 #

Motion for a resolution
Paragraph 6 a (new)

6 a. Calls on the end of censorship by giant online social platforms like Google, Facebook, Twitter, YouTube and others, and stresses the they have to respect the fundamental right of people to know diverse opinions and facts, as well as to express them accordingly;

Amendment 204 #

Motion for a resolution
Paragraph 6 a (new)

6 a. Calls on the end of censorship by giant online social platforms like Google, Facebook, Twitter, Youtube and others, and stresses the they have to respect the fundamental right of people to know diverse opinions and facts, as well as to express them accordingly;

Amendment 205 #

Motion for a resolution
Paragraph 7

7. Points out that litigants that resort to SLAPPs use and abuse criminal defamation laws, 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 used to silence public participation, such as labour sanctions (dismissal), or criminal charges of tax fraud~~, tax audit procedures and abuse of data protection rules~~;

Amendment 206 #

Motion for a resolution
Paragraph 7

7. Points out that litigants that resort to SLAPPs use and abuse criminal defamation laws, civil lawsuits for libel, protection of one’s reputation - including so-called reputational damage - or based on intellectual property rights such as copyright, but also that a variety of other instruments is used to silence public participation, such as labour sanctions (dismissal), criminal charges of tax fraud, tax audit procedures and abuse of data protection rules;

Amendment 207 #

Motion for a resolution
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 208 #

Motion for a resolution
Paragraph 7

7. Points out that litigants that resort to SLAPPs use and abuse criminal defamation laws, 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 209 #

Motion for a resolution
Paragraph 7

7. Points out that not all litigant~~s that resort to SLAPP~~s use and abuse criminal defamation laws, civil lawsuits for libel, protection of one’s reputation or based on intellectual property rights such as copyright~~, but also that a variety of~~; notes, however that other instruments isare used to silence public participation, such as labour sanctions (dismissal), criminal charges of tax fraud, tax audit procedures and abuse of data protection rules;

Amendment 21 #

Motion for a resolution
Citation 45 a (new)

— having regards to the LIBE draft report with recommendations to the Commission on combating gender-based violence: cyberviolence of 20th May 2021

Amendment 210 #

Motion for a resolution
Paragraph 7 a (new)

7 a. Deplores that sometimes journalists are paying with their own lives for the simple fact of doing their jobs and being the watch dogs of our democracies; points to the tragic case of the Dutch investigative journalist Peter R. de Vries who has been shoot in Amsterdam in broad daylight;

Amendment 211 #

Motion for a resolution
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 212 #

Ramona STRUGARIU, Anna Júlia DONÁTH, David CASA, Maite PAGAZAURTUNDÚA, Hilde VAUTMANS, Michal ŠIMEČKA, Olivier CHASTEL, Jana TOOM, Karen MELCHIOR, Fabienne KELLER, Dace MELBĀRDE

Motion for a resolution
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 213 #

Diana RIBA I GINER, Marie TOUSSAINT, Grace O'SULLIVAN, Benoît BITEAU, Anna DEPARNAY-GRUNENBERG, Sarah WIENER

Motion for a resolution
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, with persons reporting on corruption in government or big business, as well as those reporting on environmental damage caused by large corporations, being particularly vulnerable to SLAPP lawsuits from claimants with substantial resources behind them;

Amendment 214 #

Motion for a resolution
Paragraph 8

8. Underlines that an imbalance of power between the claimant and the defendant, notably in terms of financial resources, is a common feature of SLAPPs;

Amendment 215 #

Diana RIBA I GINER, Marie TOUSSAINT, Grace O'SULLIVAN, Benoît BITEAU, Anna DEPARNAY-GRUNENBERG, Sarah WIENER

Motion for a resolution
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 216 #

Motion for a resolution
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~~public watchdogs and other actors engaging in public participation, including journalists, academics, civil society organizations, NGOs and activists, human rights and environmental defenders, and whistleblowers, and to ensure that fundamental rights are upheld in the Member States;

Amendment 217 #

Motion for a resolution
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 and to ensure that fundamental rights are upheld in the Member State that all Member States should uphold fundamental rights;

Amendment 218 #

Ioan-Rareş BOGDAN

Motion for a resolution
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 and to ensure that fundamental rights are upheld in the Member States; Points out in this respect the need for concrete measures towards a safe environment for journalists and media workers;

Amendment 219 #

Ramona STRUGARIU, Anna Júlia DONÁTH, David CASA, Maite PAGAZAURTUNDÚA, Hilde VAUTMANS, Michal ŠIMEČKA, Olivier CHASTEL, Jana TOOM, Karen MELCHIOR, Fabienne KELLER, Dace MELBĀRDE

Motion for a resolution
Paragraph 9

9. Stresses, with regard to this problem, that all Member States lack ~~harmonised minimum standards to protect journalists, academic~~legislation 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 22 #

Motion for a resolution
Citation 45 a (new)

— having regard to Recommendation VIII of June 2015 of the Financial Action Task Force (FATF) on combating the abuse of non-profit organisations;

Amendment 220 #

Motion for a resolution
Paragraph 9

9. ~~Stresses, with regard to~~Believes that, in accordance with thise pr~~oblem, that all Member States lack harmonised minimum standards to~~inciples of subsidiarity and proportionality, Member States are primarily responsible for addressing concerns regarding freedom of expression in the media and press, disinformation and propaganda and for protecting journalists, academics, civil society ~~and NGOs and to ensure that fundamental rights are upheld in the Member State~~representatives and NGOs;

Amendment 221 #

Motion for a resolution
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 and~~sufficiently 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 222 #

Motion for a resolution
Paragraph 9

9. Stresses, with regard to this problem, that all Member States lack harmonised minimum standards to adequately protect journalists, academics, rights defenders, whistleblowers, activists NGOs and other civil society a~~nd NGO~~ctors and to ensure that fundamental rights are upheld in the Member States;

Amendment 223 #

Motion for a resolution
Paragraph 9

9. Stresses, with regard to this problem, that all Member States lack harmonised minimum standards to protect journalists, publishers, academics, civil society and NGOs which engage in the protection of media freedom, and to ensure that fundamental rights are upheld in the Member States;

Amendment 224 #

Motion for a resolution
Paragraph 9

9. Stresses, with regard to this problem, that all Member States lack harmonised minimum standards to protect journalists, academics, civil society ~~and NGO~~organisations, including NGOs, and human rights defenders and to ensure that fundamental rights are upheld in the Member States;

Amendment 225 #

Łukasz KOHUT, Petar VITANOV, Cyrus ENGERER, Bettina VOLLATH, Tanja FAJON, Domènec RUIZ DEVESA, Klára DOBREV

Motion for a resolution
Paragraph 9

9. Stresses, with regard to this problem, that all Member States lack harmonised minimum standards to protect journalists, media organisations, academics, civil society and NGOs and to ensure that fundamental rights are upheld in the Member States;

Amendment 226 #

Motion for a resolution
Paragraph 9

9. Stresses, with regard to this problem, that all Member States lack harmonised minimum standards to sufficiently protect journalists, academics, civil society and NGOs and to ensure that fundamental rights are upheld in the Member States;

Amendment 227 #

Motion for a resolution
Paragraph 9

9. Stresses, with regard to this problem, that all Member States lack harmonised minimum standards to protect journalists, publishers, academics, civil society and NGOs and to ensure that fundamental rights are upheld in the Member States;

Amendment 228 #

Motion for a resolution
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~~ and to ensure that fundamental rights are upheld in the Member States;;

Amendment 229 #

Motion for a resolution
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 23 #

Motion for a resolution
Citation 45 b (new)

— having regard to the European Court of Auditors’ Special Report No 35/2018 of 18 December 2018 entitled ‘Transparency of EU funds implemented by NGOs: more effort needed’, which requests that the EU draws up a legal definition of NGOs;

Amendment 230 #

Motion for a resolution
Paragraph 9 a (new)

9 a. Is aware that victims or potential victims of SLAPP suits are being aided both financially and psychologically by other colleagues that have been faced with similar lawsuits or are knowledgeable about the character and procedure of SLAPP suits, to be able to understand and potentially even contest the lawsuit they have been served with;

Amendment 231 #

Motion for a resolution
Paragraph 9 b (new)

9 b. Commends the important and useful work of civil society in raising awareness of the harmful effects of SLAPPs as well as the support it gives to victims and potential targets of SLAPPs;

Amendment 232 #

Motion for a resolution
Paragraph 10

~~10.~~ Regrets, however, that no Member State has ~~10.~~ so far enacted targeted legislation to provide protection against SLAPPs; notes however that anti-SLAPP legislation is particularly well-developed in the states of the United States, in Australia and Canada; encourages the Member States and the Commission to analyse anti- SLAPP best practices currently applied outside the EU which could provide valuable inspiration for Union legislative and non-legislative measures on the matter; ~~underlines the importance of committing to the most ambitious legislation and best-practices currently in force which would discourage the use of SLAPPs in the Union;~~

Amendment 233 #

Motion for a resolution
Paragraph 10

10. Regrets that no Member State has so far enacted targeted legislation to provide protection against SLAPPs; notes however that anti-SLAPP legislation is particularly well-developed in the states of the United States, in Australia and Canada; encourages the Commission to analyse anti-SLAPP best practices currently applied outside the EU which could provide valuable inspiration for Union legislative and non-legislative measures on the matter; underlines the importance ~~of committing to the most ambitious legislation and~~- in order to discourage and put an end to the use of SLAPPs in the Union - of taking an integrated approach that should include the adoption of the most ambitious legislative act possible and the promotion of measures to support the exchange of the best- practices currently in force ~~which would discourage the use of SLAPPs in the Union;~~ , to promote training for judicial authorities for the purpose of raising awareness among judges and prosecutors of SLAPP- related risks, to provide resources for the moral and financial support of SLAPP victims;

Amendment 234 #

Motion for a resolution
Paragraph 10

Amendment 235 #

Diana RIBA I GINER, Marie TOUSSAINT, Grace O'SULLIVAN, Benoît BITEAU, Anna DEPARNAY-GRUNENBERG, Sarah WIENER

Motion for a resolution
Paragraph 10

10. ~~Regret~~Notes that no Member State has so far enacted targeted legislation to provide protection against SLAPPs; notes however that anti-SLAPP legislation is particularly well-developed in the states of the United States, in Australia and Canada; encourages the Commission to analyse anti-SLAPP best practices currently applied outside the EU which could provide valuable inspiration for Union legislative and non-legislative measures on the matter; ~~underlines the importance of committing to the most ambitious legislation and best-practices currently in force which would discourage the use of SLAPPs in the Union~~;

Amendment 236 #

Motion for a resolution
Paragraph 10

Amendment 237 #

Motion for a resolution
Paragraph 10

10. Regrets that no Member State has so far enacted targeted legislation to provide protection against SLAPPs; notes however that anti-SLAPP legislation is particularly well-developed in the states of the United States, in Australia and Canada; encourages the Commission to analyse anti-SLAPP best practices currently applied outside the EU which could provide valuable inspiration for Union legislative and non-legislative measures on the matter; underlines the importance of committing to the most ambitious legislation and best-practices currently in force which would discourage the use of SLAPPs in the Uniona potential Union measures on the matter, if a duly executed impact assessment would deem such an initiative fit; underlines the importance of enacting measures that are fit for purpose, and that fully respect the competences of Member States;

Amendment 238 #

Łukasz KOHUT, Petar VITANOV, Cyrus ENGERER, Bettina VOLLATH, Tanja FAJON, Domènec RUIZ DEVESA, Klára DOBREV

Motion for a resolution
Paragraph 10 a (new)

10 a. 2. Condemns in the strongest terms the assassination of David Beriain and Roberto Fraile; calls on all European institutions and the Government of Burkina Faso to take all possible actions to end impunity and bring those responsible for their deaths to justice, recalls that accountability is a key element in preventing future attacks;

Amendment 239 #

Motion for a resolution
Subheading 7

~~Need for legislative action~~deleted

Amendment 24 #

Motion for a resolution
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 240 #

Motion for a resolution
Paragraph 10 a (new)

10a. Encourages Member States to adopt clear and effective and clear legislation that ensures the transparency of media ownership and to pay particular attention to the funding, transparency and objectives of traditional media outlets;

Amendment 241 #

Motion for a resolution
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 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, association and information in the Union; is concerned that if measures only address lawsuits regarding information, actSuggests that the lack of national measures regulating the use of SLAPPs can be taken on board in the assessment in the framework of the Commission´s ~~based on other civil matters or criminal procedures may still be used~~annual Rule of Law Report;

Amendment 242 #

Motion for a resolution
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 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, 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 243 #

Motion for a resolution
Paragraph 11

11. ~~Agrees with the~~Underlines that 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 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, 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 244 #

Motion for a resolution
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 amend~~ments~~ed 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 ~~directive~~nti-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 245 #

Diana RIBA I GINER, Marie TOUSSAINT, Grace O'SULLIVAN, Benoît BITEAU, Anna DEPARNAY-GRUNENBERG, Sarah WIENER

Motion for a resolution
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 amend~~ments~~ed in order to prevent ‘libel tourism’ or ‘forum shopping’~~; urgently calls for the introduction of a uniform choice of law rule for defamation~~ by establishing that the court having jurisdiction and the law applicable to criminal or civil lawsuits concerning defamation, reputational damage and protection of an individual's reputation should be that of the place in which the defendant is habitually resident, 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, 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 246 #

Motion for a resolution
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 Ia and Rome II Regulations to be amend~~ments~~ed in order to prevent ‘libel tourism’ or ‘forum shopping’~~; urgently calls for~~, including the introduction of a uniform choice of law rule for defamation~~, as well as for~~; urgently calls the Commission to present 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, association and information in the Union; is concerned that if measures only address lawsuits regarding ~~infor~~defamation, actions based on other civil matters or criminal procedures may still be used, at the initiative of claimants based in or outside the EU;

Amendment 247 #

Ramona STRUGARIU, Anna Júlia DONÁTH, David CASA, Maite PAGAZAURTUNDÚA, Hilde VAUTMANS, Michal ŠIMEČKA, Olivier CHASTEL, Karen MELCHIOR, Fabienne KELLER, Dace MELBĀRDE

Motion for a resolution
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 Ia and Rome II Regulations to be amend~~ments~~ed in order to prevent ‘libel tourism’ or ‘forum shopping’; urgently calls for the introduction of a uniform and predictable choice of law rule for defamation, as well as for proposals for binding Union legislation on establishing minimum standards, harmonised and effective safeguards for victims of SLAPPs across the Union, including through a directive or a regulation; argues that without such legislative action, SLAPPs will continue to threaten the rule of law and the fundamental rights tof freedom of expression, association and information in the Union; is concerned that if measures only address lawsuits regarding ~~infor~~defamation, actions based on other civil matters or criminal procedures may still be used;

Amendment 248 #

Motion for a resolution
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 amend~~ments~~ed 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~~; urgently calls on the Commission to present 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 information, actions based on other civil matters or criminal procedures may still be used;~~

Amendment 249 #

Diana RIBA I GINER, Marie TOUSSAINT, Grace O'SULLIVAN, Benoît BITEAU, Anna DEPARNAY-GRUNENBERG, Sarah WIENER

Motion for a resolution
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 amend~~ments~~ed in order to prevent ‘libel tourism’ or ‘forum shopping’; ~~urgently calls for~~including the introduction of a uniform choice of law rule for defamation~~, as well as for~~; urgently calls the Commission to present 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, association and assembly and information in the Union; is concerned that if measures only address lawsuits regarding ~~infor~~defamation, actions based on other civil matters or criminal procedures may still be used;

Amendment 25 #

Motion for a resolution
Recital A

A. whereas independent and quality journalism, ands well as access to pluralistic information are key pillars of democracy; whereas a vibrant civil society ~~is essential for any democracy to thrive~~and the right to public participation are essential for any democracy to thrive; whereas human rights and environmental defenders have a crucial role to reach the environmental objectives set by the European Union; whereas no one shall be persecuted or harassed in any way for their involvement in activities to protect human rights or the environment; whereas independent journalism, civil society organizations, human rights and environmental defenders play a crucial role in holding power to account and performing their functions as watchdogs for democracy and the rule of law;

Amendment 250 #

Motion for a resolution
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 amend~~ments~~ed 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 ~~information~~peaceful assembly in the Union; is concerned that if measures only address lawsuits regarding ~~infor~~defamation, actions based on other ~~civil matters~~administrative, civil or criminal procedures may still be used;

Amendment 251 #

Motion for a resolution
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 ~~infor~~defamation, actions based on other civil matters or criminal procedures may still be used;

Amendment 252 #

Motion for a resolution
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 amend~~ments~~ed 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, association, peaceful assembly 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 253 #

Motion for a resolution
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 cross- border 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, 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 254 #

Łukasz KOHUT, Petar VITANOV, Cyrus ENGERER, Bettina VOLLATH, Tanja FAJON, Domènec RUIZ DEVESA, Klára DOBREV

Motion for a resolution
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 ~~amendments~~properly amended in order to prevent ‘libel tourism’ or ‘forum shopping’; ~~urgently~~ calls for ~~the~~urgent 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, 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 255 #

Diana RIBA I GINER, Marie TOUSSAINT, Grace O'SULLIVAN, Benoît BITEAU, Anna DEPARNAY-GRUNENBERG, Sarah WIENER

Motion for a resolution
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 256 #

Motion for a resolution
Paragraph 11 a (new)

11 a. Considers that the Commission shall harmonise the relevant legal rules, and shall give guidance to Member States as to how to upgrade their respective criminal laws in order to reach the objective of deterring SLAPPs across the EU;

Amendment 257 #

Diana RIBA I GINER, Marie TOUSSAINT, Grace O'SULLIVAN, Benoît BITEAU, Anna DEPARNAY-GRUNENBERG, Sarah WIENER

Motion for a resolution
Paragraph 12

12. Affirms that legislative measures at Union level could be based primarily on Article 81 of the TFEU (for cross-border civil lawsuits) and Article 82 of the TFEU (for threats of 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 distortions114 TFEU in order to ensure the proper functioning of the internal market and to protect public participation in a harmonised way across the EU, and should have additional specific legal bases in order to cover the fields that rely, notably, on Articles 19, 50, 56, 192 and, 325 TFEU; asserts that the ~~latter~~se measure cs should also aim to address attempts to prevent investigation and reporting on breaches of Union law, and should aim to ensure the highest level of protection for victims of SLAPPs, using the same legal base as Directive (EU) 2019/1937 (the ‘Whistleblower Directive’); these legislative measures could be based secondly on Articles 81 and 82 TFEU addressing particularly cross-border civil and criminal lawsuits; considers that certain safeguards, including procedural safeguards, could be harmonized to ensure that they apply not only for cross- border SLAPP cases, but also for domestic cases;

Amendment 258 #

Anna Júlia DONÁTH, Ramona STRUGARIU, Karen MELCHIOR, Sylwia SPUREK

Motion for a resolution
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 of 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 as~~a similar approach which led to the adoption of Directive (EU) 2019/1937 (the ‘Whistleblower Directive’); is of the opinion that the above legal bases are capable of addressing combined SLAPPs of criminal and civil lawsuits as well;

Amendment 259 #

Axel VOSS, Ralf SEEKATZ, Antonius MANDERS, Magdalena ADAMOWICZ

Motion for a resolution
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 of~~criminal 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 ~~distor~~unlawful actions; asserts that the latter measure could also address ~~attempts~~genuine, present and sufficiently serious threats made in order to prevent investigation and reporting on breaches of Union law using the same legal base as Directive (EU) 2019/1937 (the ‘Whistleblower Directive’);

Amendment 26 #

Motion for a resolution
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 260 #

Ramona STRUGARIU, Anna Júlia DONÁTH, David CASA, Maite PAGAZAURTUNDÚA, Hilde VAUTMANS, Michal ŠIMEČKA, Olivier CHASTEL, Karen MELCHIOR, Fabienne KELLER, Dace MELBĀRDE

Motion for a resolution
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 of 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 as~~a similar approach to the one that led to the adoption of Directive (EU) 2019/1937 (the ‘Whistleblower Directive’);

Amendment 261 #

Motion for a resolution
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 of~~criminal 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 as~~a similar approach to the one that led to the adoption of Directive (EU) 2019/1937 (the ‘Whistleblower Directive’);

Amendment 262 #

Motion for a resolution
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 of~~criminal 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 as~~a similar approach to the one that led to the adoption of Directive (EU) 2019/1937 (the ‘Whistleblower Directive’);

Amendment 263 #

Motion for a resolution
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 of 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 as~~ Directive (EU) 2019/1937 (the ‘Whistleblower Directive’) as a basis;

Amendment 264 #

Motion for a resolution
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 of 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 as Directive (EU) 2019/1937 (the ‘Whistleblower Directive’);

Amendment 265 #

Diana RIBA I GINER, Marie TOUSSAINT, Grace O'SULLIVAN, Benoît BITEAU, Anna DEPARNAY-GRUNENBERG, Sarah WIENER

Motion for a resolution
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~~public watchdogs, civil society actors and other actors engaged in public participation, including journalists, academics, rights defenders, whistleblowers, activists and NGOs in preventing breaches of Union law; urges the Commission to present a proposal for legislation that sets out, inter alia, safeguards for persons investigating ~~and~~, reporting on or otherwise exposing these matters of public interest, including measures to ensure early dismissal of abusive lawsuits and to punish abuse, in particular by reversing the costs of proceedings, as well as proposals to minimise and offset the effects of SLAPPs by providing practical support, free of charge, to those subject to SLAPP lawsuits; and proposals for consideration of abusive motives even if the lawsuit or action is not dismissed;

Amendment 266 #

Motion for a resolution
Paragraph 13

13. Considers that it is essential to adopt a legislative measure protecting the role of journalists, academics, civil society ~~and NGO~~, including NGOs and activists, human rights and environmental defenders 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, including procedural safeguards common to both civil and criminal cases, such as rules on the early dismissal of abusive lawsuits against SLAPP victims or their family members and other actions in court that have the purpose of preventing public participation; insists that such rules should cover sanctions, consideration of abusive motives even if the lawsuit or action is not dismissed, costs and damages;

Amendment 267 #

Ramona STRUGARIU, Anna Júlia DONÁTH, David CASA, Maite PAGAZAURTUNDÚA, Hilde VAUTMANS, Michal ŠIMEČKA, Olivier CHASTEL, Karen MELCHIOR, Fabienne KELLER, Dace MELBĀRDE, Jana TOOM

Motion for a resolution
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 268 #

Motion for a resolution
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 law~~actors 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 o~~n these~~r otherwise exposing matters of public interest;

Amendment 269 #

Anna Júlia DONÁTH, Ramona STRUGARIU, Karen MELCHIOR, Sylwia SPUREK, Hilde VAUTMANS, Fabienne KELLER

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; urges the Commission to present a proposal for legislation that sets out safeguards for persons investigating and reporting on these matters of public interest; asks the Member States, when acting in this respect, to balance the competing principles of freedom of expression and the right to protect one's reputation and private life by ensuring procedural fairness and enabling equality of arms;

Amendment 27 #

Motion for a resolution
Recital A

A. whereas independent journalism and access to pluralistic information are key pillars of democracy; whereas a vibrant civil society operating in an enabling legal and political environment allowing it to play its fundamental role in monitoring the situation of the rule of law and fundamental rights, corruption and promoting good governance, accountability and transparency is essential for any democracy to thrive;

Amendment 270 #

Motion for a resolution
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; ~~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 271 #

Motion for a resolution
Paragraph 13

13. Considers that it is essential to adopt harmonised rules at EU level and 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 and full respect for fundamental rights; urges the Commission to present a proposal for legislation that sets out harmonised safeguards for persons investigating and reporting on these matters of public interest;

Amendment 272 #

Motion for a resolution
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 273 #

Motion for a resolution
Paragraph 13

13. Considers that it is essential to adopt a legislative measure protecting the role of journalists, publishers, academics, civil society and NGOs which engage in the protection of media freedom in preventing breaches of Union law ~~and~~, thus also 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 274 #

Motion for a resolution
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, reporting and denouncing 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, including early dismissal mechanisms, for persons investigating and reporting on these matters of public interest;

Amendment 275 #

Motion for a resolution
Paragraph 13

13. Considers that it is essential to adopt a legislative measure protecting the role of journalists, academics, ~~civil society and~~human 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 276 #

Łukasz KOHUT, Petar VITANOV, Cyrus ENGERER, Bettina VOLLATH, Tanja FAJON, Domènec RUIZ DEVESA, Klára DOBREV

Motion for a resolution
Paragraph 13

13. Considers that it is essential to adopt a legislative measure protecting the role of journalists, media organisations, 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 these matters of public interest;

Amendment 277 #

Motion for a resolution
Paragraph 13

13. Considers that it is essential to adopt a legislative measure protecting the role of journalists, publishers, 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 these matters of public interest;

Amendment 278 #

Diana RIBA I GINER, Marie TOUSSAINT, Grace O'SULLIVAN, Benoît BITEAU, Anna DEPARNAY-GRUNENBERG, Sarah WIENER

Motion for a resolution
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; 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 279 #

Motion for a resolution
Paragraph 13 a (new)

13 a. Considers that the harmonisation of certain procedural aspects, such as the procedure for ensuring early dismissal of abusive cases, the effects of a dismissal decision and the application of penalties, could be beneficial to enhance protection for victims of SLAPPs; calls on the Commission to explore this possibility and to make sure that safeguards, including procedural safeguards, do not only apply to cross-border SLAPP cases, but also to domestic cases;

Amendment 28 #

Motion for a resolution
Recital A

A. whereas ~~independent journalism and access to pluralistic information are key pillars of democracy; whereas civil society is essenti~~the rights to freedom of expression, to information and to public participation, are among the cornerstones of the European understanding of democracy; whereas independent journalism and access to pluralistic information are key pillars of democracy; whereas the information, reports, opinions, claims, arguments, and other expressions provided by civil society are vital for any democracy to thrive;

Amendment 280 #

Motion for a resolution
Paragraph 13 a (new)

13a. Points out that the definition of the rule of law implies that it is binding on those who enact it and that freedom of expression must therefore be protected at European institutional level also, meaning that Union bodies must not seek to muzzle those opposed to their policies and practices through legal proceedings or the threat of prosecution;

Amendment 281 #

Motion for a resolution
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 282 #

Motion for a resolution
Paragraph 13 a (new)

13a. Is of the view that such legislation should also include a ban on searches of journalists' homes or offices in connection with their work and should fully protect journalists' professional secrecy with regard to their news sources, even where the disclosure of sources is the subject of indirect requests;

Amendment 283 #

Motion for a resolution
Paragraph 13 b (new)

13 b. Considers that general protective rules should include legal guarantees of non-repetition, including barring SLAPP initiators from bringing other actions related to the same facts, and duly taking into account the fact that a party has previously initiated SLAPPs when examining new accusations of SLAPPs (even for different facts and against different parties);

Amendment 284 #

Motion for a resolution
Paragraph 13 b (new)

13b. Considers it important for such a legislative measure to include also provisions, in the event of conviction, to protect the real estate of journalists in order to protect the interests of their families;

Amendment 285 #

Motion for a resolution
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 #

Diana RIBA I GINER, Marie TOUSSAINT, Grace O'SULLIVAN, Benoît BITEAU, Anna DEPARNAY-GRUNENBERG, Sarah WIENER

Motion for a resolution
Subheading 10

~~Civil justice~~Rights of the defendants, obligations of the courts and private international law

Amendment 287 #

Motion for a resolution
Subheading 10

Civil justice and private international law

Amendment 288 #

Motion for a resolution
Paragraph 14

14. Urges the Commission to present a proposal for a dmeasure that develops judicial cooperation in civil matters so as to address cross-border SLAPP cases by providing for rules on the dismissal 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, 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 I Rome II Regulations;;

Amendment 289 #

Motion for a resolution
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 rule~~address questions giving rise to forum shopping and libel tourism in a forthcoming review of the Brussels I Rome II Regulations; calls on the ~~dis~~Commissal 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, a~~nd 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 Regul~~s well as on the proper implementation of the case-law of the European Court of Human Rights on defamations;

Amendment 29 #

Diana RIBA I GINER, Marie TOUSSAINT, Grace O'SULLIVAN, Benoît BITEAU, Anna DEPARNAY-GRUNENBERG, Sarah WIENER

Motion for a resolution
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; whereas NGOs play a vital part in ensuring the voice of minorities and the marginalised is heard;

Amendment 290 #

Motion for a resolution
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 dismissal 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, costs and damagesharmonised rules on SLAPPs arising from claims of civil law,; 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, with the support from judicial practitioners such as the Hague Conference on Private International Law;

Amendment 291 #

Ramona STRUGARIU, Anna Júlia DONÁTH, David CASA, Maite PAGAZAURTUNDÚA, Hilde VAUTMANS, Michal ŠIMEČKA, Olivier CHASTEL, Jana TOOM, Karen MELCHIOR, Fabienne KELLER, Dace MELBĀRDE

Motion for a resolution
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 292 #

Axel VOSS, Ralf SEEKATZ, Antonius MANDERS, Magdalena ADAMOWICZ

Motion for a resolution
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 dismissal of abusive lawsuits and other actions in court that have the clear purpose of preventing public participation, which should include 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 I and Rome II Regulations;

Amendment 293 #

Motion for a resolution
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 dismissal 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, 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 I and Rome II Regulations;

Amendment 294 #

Motion for a resolution
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 dismissal 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, 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 I and Rome II Regulations;

Amendment 295 #

Motion for a resolution
Paragraph 14 a (new)

14 a. Whereas any Revision of the relevant rules in the Brussels I Regulation should be properly mirrored by an equivalent revision of the Lugano Convention so as to ensure a cohesive application of international jurisdiction rules in civil and commercial matters beyond the Union and where Union citizens are concerned;

Amendment 296 #

Motion for a resolution
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 #

Diana RIBA I GINER, Marie TOUSSAINT, Grace O'SULLIVAN, Benoît BITEAU, Anna DEPARNAY-GRUNENBERG, Sarah WIENER

Motion for a resolution
Paragraph 15

15. Urges the Commission to ~~present a proposal for~~address 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 298 #

Motion for a resolution
Paragraph 15

15. Urges the Commission to present a proposal ~~for~~to address 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 the calls of the Council of Europe and OSCE for the decriminalisation of defamation~~; invites~~ and calls on the Commission to ~~address the question of the seriousness of threats of SLAPPs in a legislative proposal~~respond to them; 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 299 #

Motion for a resolution
Paragraph 15

15. Urges the Commission to ~~present a proposal for measures to~~address the seriousness of SLAPPs brought through criminal proceedings by ensureing that defamation, libel and slander, which constitute criminal offences in most Member States, cannot be used for SLAPPs, including through private prosecution; underlines 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 introduce harmonised procedural safeguards against those combined SLAPPs;

Amendment 3 #

Łukasz KOHUT, Petar VITANOV, Cyrus ENGERER, Bettina VOLLATH, Tanja FAJON, Domènec RUIZ DEVESA, Klára DOBREV

Motion for a resolution
Citation 3

— having regard to the Charter of Fundamental Rights of the European Union, and especially Articles 11, 20, 47 and 48 thereof,

Amendment 30 #

Motion for a resolution
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 300 #

Motion for a resolution
Paragraph 15

15. Urges the Commission to ~~present a proposal for~~address 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 301 #

Motion for a resolution
Paragraph 15

15. Urges the Commission to present a proposal for measures ~~to ensure that~~with clear requirements under which defamation, libel and slander, which constitute criminal offences in most Member States, cannot be regarded as used for SLAPPs, including through private prosecution; ~~underlines 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;;

Amendment 302 #

Diana RIBA I GINER, Marie TOUSSAINT, Grace O'SULLIVAN, Benoît BITEAU, Anna DEPARNAY-GRUNENBERG, Sarah WIENER

Motion for a resolution
Paragraph 15

15. Urges the Commission to present a proposal for 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 the calls of the Council of Europe and OSCE for the decriminalisation of defamation; invites the Commission to address the question of ~~the~~genuine, present and sufficiently serious~~ness 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;

Amendment 303 #

Łukasz KOHUT, Petar VITANOV, Cyrus ENGERER, Bettina VOLLATH, Tanja FAJON, Domènec RUIZ DEVESA, Birgit SIPPEL, Klára DOBREV

Motion for a resolution
Paragraph 15

15. Urges the Commission to present a proposal for measures to ensure that defamation, libel and slander, which constitute criminal offences in most Member States, cannot be used for SLAPPs~~, including through~~ through public or private prosecution; ~~underl~~joines 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;

Amendment 304 #

Motion for a resolution
Paragraph 15 a (new)

15 a. Recalls that inherent to and at the very core of the right to a fair trial under Article 47 of the Charter is the concept of equality of arms between parties in criminal proceedings; is concerned that the imbalance of power and resources between parties in SLAPPs cases undermines equality of arms, and thus the right to a fair trial;

Amendment 305 #

Diana RIBA I GINER, Marie TOUSSAINT, Grace O'SULLIVAN, Benoît BITEAU, Anna DEPARNAY-GRUNENBERG, Sarah WIENER

Motion for a resolution
Paragraph 15 b (new)

15 b. Expresses concern that SLAPPs brought through criminal proceedings often have a big impact on victims and their families;

Amendment 306 #

Diana RIBA I GINER, Marie TOUSSAINT, Grace O'SULLIVAN, Benoît BITEAU, Anna DEPARNAY-GRUNENBERG, Sarah WIENER

Motion for a resolution
Subheading 12

~~Legitimate interest of claimant~~Ensuring balance/equality of arms between the parties

Amendment 307 #

Axel VOSS, Ralf SEEKATZ, Antonius MANDERS, Magdalena ADAMOWICZ

Motion for a resolution
Paragraph 16

Amendment 308 #

Diana RIBA I GINER, Marie TOUSSAINT, Grace O'SULLIVAN, Benoît BITEAU, Anna DEPARNAY-GRUNENBERG, Sarah WIENER

Motion for a resolution
Paragraph 16

16. Declares that the protection of legitimate rights arising from Union law must be ensured by Member State courts and cannot be jeopardised, including the rights which are routinely cited in abusive lawsuits; defends at the same time and without prejudice to such protection, that it is necessary to prevent any abusive use of those rights in a manner which is manifestly contrary to the legislators’ intention when conferring them upon natural or legal persons; considers that preventing such abuse is equally necessary for the correct and uniform application of Union law, thereby safeguarding its effectivenessright to access to justice, the right to a fair trial, and the right to have access to a quality and public legal representation, as well as to information and to documentation in a language that the victim can understand, must be ensured by Member State courts and cannot be jeopardised; defends a that it is necessary to prevent any abusive use of justice systems and to ensure judicial independence to guarantee the right to a fair trial; considers that preventing such abuse is equally necessary for the correct and uniform application of Union law, thereby safeguarding its effectiveness; recommends that proportionality tests could be performed by Courts to ensure early dismissal of SLAPP cases; considers, however, that measures such as the remedy of early dismissal of SLAPP cases should not be framed in a manner which denies the claimant the opportunity to state their claim;

Amendment 309 #

Motion for a resolution
Paragraph 16

Amendment 31 #

Motion for a resolution
Recital A

A. whereas independent ~~journalism an~~and impartial journalism and unhindered access to pluralistic and accurate information are key pillars of democracy; whereas the freedom of expression of civil society is essential for any democracy to thrive;

Amendment 310 #

Antonius MANDERS

Motion for a resolution
Paragraph 16

16. Declares that due and timely process and the protection of legitimate rights arising from Union law must be ensured by Member State courts, including by introducing a mandatory SLAPP check upon request of one of the parties before hearing the case, and cannot be jeopardised, including the rights which are routinely cited in abusive lawsuits; defends at the same time and without prejudice to such protection, that it is necessary to prevent any abusive use of those rights in a manner which is manifestly contrary to the legislators’ intention when conferring them upon natural or legal persons; considers that preventing such abuse is equally necessary for the correct and uniform application of Union law, thereby safeguarding its effectiveness;

Amendment 311 #

Motion for a resolution
Paragraph 16

16. Declares that the protection of legitimate rights arising from Union law must be ensured by Member State courts ~~and cannot be jeopardised, including the rights which are routinely cited in abusive lawsuits~~; defends at the same time and without prejudice to such protection, that it is necessary to prevent any abusive use of those rights in a manner which is manifestly contrary to the legislators’ intention when conferring them upon natural or legal persons; considers that preventing such abuse is equally necessary for the correct and uniform application of Union law, thereby safeguarding its effectiveness; notes however that a balance needs to be found in order not to deprive citizens from their right to go to trail and seek protection of their rights against false claims and defamation to their persona;

Amendment 312 #

Diana RIBA I GINER, Marie TOUSSAINT, Grace O'SULLIVAN, Benoît BITEAU, Anna DEPARNAY-GRUNENBERG, Sarah WIENER

Motion for a resolution
Paragraph 16

16. Declares that the protection of legitimate rights arising from Union law, such as the right to protect one's reputation must be ensured by Member State courts and cannot be jeopardised~~, including the rights which are routinely cited in abusive lawsuits~~; defends at the same time and without prejudice to such protection, that it is necessary to prevent any abusive use of those rights in a manner which is manifestly contrary to the legislators’ intention when conferring them upon natural or legal persons; considers that preventing such abuse is equally necessary for the correct and uniform application of Union law, thereby safeguarding its effectiveness;

Amendment 313 #

Motion for a resolution
Paragraph 16 a (new)

16 a. Recalls that the claimants of SLAPPs are often companies or powerful individuals, including public authorities, who seek to protect their interests by silencing critical voices; underlines that the interests of the claimant cannot be deemed legitimate where these are considered matters of public interest; emphasises the particularly important role of public watchdogs in safeguarding the public interest and in promoting a culture of public accountability and integrity, and reminds that their main functions include to hold power account, report wrongdoings and inform about matters of public interests;

Amendment 314 #

Motion for a resolution
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 315 #

Diana RIBA I GINER, Marie TOUSSAINT, Grace O'SULLIVAN, Benoît BITEAU, Anna DEPARNAY-GRUNENBERG, Sarah WIENER

Motion for a resolution
Paragraph 17

17. Underlines the urgent need for a robust fund for supporting victims of SLAPPs and organisations supporting them insofar as the funds are directly used for the support of legal fees or provision of legal aid and psychological support; 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 316 #

Motion for a resolution
Paragraph 17

17. Underlines the urgent need for a robust fund for financially supporting all victims of SLAPPs, including in cases where SLAPPs or the threat of SLAPPs originate from claimants established in a third country; stresses the importance for victims and potential victims of SLAPPs and their families to have easy and accessible information and sensibilisation about these types of cases, legal aid and moral support, both within and outside the judicial process;

Amendment 317 #

Motion for a resolution
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;

Amendment 318 #

Ramona STRUGARIU, Anna Júlia DONÁTH, David CASA, Maite PAGAZAURTUNDÚA, Hilde VAUTMANS, Michal ŠIMEČKA, Olivier CHASTEL, Karen MELCHIOR, Fabienne KELLER, Dace MELBĀRDE

Motion for a resolution
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 319 #

Motion for a resolution
Paragraph 17

Amendment 32 #

Motion for a resolution
Recital A

A. whereas independent journalism ~~and~~, the safety of reporters, access to pluralistic information and freedom of expression are key pillars of democracy; whereas civil society is essential for any democracy to thrive;

Amendment 320 #

Łukasz KOHUT, Petar VITANOV, Cyrus ENGERER, Bettina VOLLATH, Tanja FAJON, Domènec RUIZ DEVESA, Klára DOBREV

Motion for a resolution
Paragraph 17

Amendment 321 #

Motion for a resolution
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, as well as psychological support;

Amendment 322 #

Motion for a resolution
Paragraph 17

Amendment 323 #

Diana RIBA I GINER, Marie TOUSSAINT, Grace O'SULLIVAN, Benoît BITEAU, Anna DEPARNAY-GRUNENBERG, Sarah WIENER

Motion for a resolution
Paragraph 18

18. Considers that support for independent bodies that can hear complaints and provide assistance to potential victims of SLAPPs and adequate training of judges and lawyers can substantively contribute to building knowledge and capacity in how to detect and deal with SLAPPs and the threat of SLAPPs that are to be considered genuine, present and sufficiently serious;

Amendment 324 #

Motion for a resolution
Paragraph 19

19. Considers it necessary to collect data on SLAPP cases and raise awareness about the nature and detrimental effects of SLAPPs; to this end, considers that the EU should establish a priority list of Member States where its protective action in favour of victims of SLAPPs, notably concerning human rights and environmental defenders, should be intensified;

Amendment 325 #

Motion for a resolution
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 326 #

Motion for a resolution
Paragraph 19

19. Considers it necessary to collect data on SLAPP cases and raise awareness about the nature and detrimental effects of SLAPPs;

Amendment 327 #

Diana RIBA I GINER, Marie TOUSSAINT, Grace O'SULLIVAN, Benoît BITEAU, Anna DEPARNAY-GRUNENBERG, Sarah WIENER

Motion for a resolution
Paragraph 19

19. Considers it necessary to collect data on SLAPP cases and raise awareness about the nature and detrimental effects of SLAPPs;

Amendment 328 #

Łukasz KOHUT, Petar VITANOV, Cyrus ENGERER, Bettina VOLLATH, Tanja FAJON, Domènec RUIZ DEVESA, Klára DOBREV

Motion for a resolution
Paragraph 19 a (new)

19 a. Welcomes the Commission’s intention to propose a recommendation on the safety of journalists; is however concerned of its limited geographical scope; point out that many European media organisations operate in an international environment; is concerned that media organisations are increasingly relinquishing their duty of care within and beyond the EU towards journalists employed by them or those producing the media content they acquire; notes the increasing use of freelancers, particularly young journalists and media workers at the start of their career, to cover high-risk areas and conflict zones; is concerned by the precarious working and decreasing safety conditions under which freelancers operate from high-risk areas and conflict zones;

Amendment 329 #

Łukasz KOHUT, Petar VITANOV, Cyrus ENGERER, Bettina VOLLATH, Tanja FAJON, Domènec RUIZ DEVESA, Klára DOBREV

Motion for a resolution
Paragraph 19 b (new)

19 b. Calls on the Member States to fully implement the Council of Europe recommendation on the protection of journalism and safety of journalists and other media actors, calls to the Commission to include in the forthcoming Recommendation on the safety of journalists a Beriain-Fraile Protocol, in line with the Council of Europe Recommendation, stablishing common European guidelines and procedures for the deployment of journalists and other media workers on difficult or dangerous assignments, such as in conflict zones; believes that the Beriain-Fraile Protocol. should detail the institutional responsibilities of media companies, including among others, providing journalists and other media workers with adequate information, including on the risks involved, and requisite training in all matters of safety, digital security and privacy, as well as arranging for life assurance and health and travel insurance as part of a comprehensive and equitable package of work conditions the provision of legal support, when relevant, and representation and trauma counselling on return from assignments, stresses that such deployment should be voluntary and informed; stresses that the Beriain-Fraile Protocol, should apply indistinctively to all journalists and other media actors working for European media companies – in salaried, freelance and all other capacities;

Amendment 33 #

Łukasz KOHUT, Petar VITANOV, Cyrus ENGERER, Bettina VOLLATH, Tanja FAJON, Domènec RUIZ DEVESA, Klára DOBREV

Motion for a resolution
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 for the rule of law to be upheld;

Amendment 330 #

Motion for a resolution
Paragraph 20

20. ~~Welcomes~~Considers that the new anti- SLAPP legislative and non-legislative measures should be complementary with other EU instruments and policies, such as the European Democracy Action Plan, the EU LGBTIQ Equality Strategy 2020- 2025, the EU Gender Equality Strategy, the EU anti-racism action plan, and 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; reiterates, in this regard, the critical need for an EU mechanism on democracy, the rule of law and fundamental rights as proposed by Parliament, including an annual independent, evidence-based and non-discriminatory review assessing all Member States' compliance with Article 2 TEU;

Amendment 331 #

Motion for a resolution
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, such as Germany20a, or the fight against corruption; _________________ 20aOJ EU of 3 June 2019, C 187, p. 52, cases C-272/19 and C-276/2020; CJEU judgment of 27 May 2019, OG and PI, joined cases C-508/18 and C-82/19 PPU, ECLI:EU:C:2019:456; Beschluss vom 18. Februar 2020 - 2 BvR 2082/19.

Amendment 332 #

Motion for a resolution
Paragraph 20

Amendment 333 #

Motion for a resolution
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 334 #

Motion for a resolution
Paragraph 20 a (new)

20 a. Stresses that the European Union's commitment to respect media freedom and pluralism and to uphold freedom of expression — which includes the right to receive and impart information without interference by public authorities — are enshrined in Article11 of the EU's Charter of Fundamental Rights which mirrors Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms; recalls that Article 2 of the Treaty on European Union (TEU) sets out core values on which the EU is founded including freedom, democracy, the rule of law and pluralism; stresses that further provisions to safeguard media freedom and protect journalists are laid down in the Rule of Law Mechanism, the Digital Services Act and the Audiovisual Media Services Directive; underlines that SLAPPs are at odds with these core values;

Amendment 335 #

Motion for a resolution
Paragraph 21

21. Recalls the importance of Regulation (EU, Euratom) 2020/2092 on a general regime of conditionality for the protection of the Union budget, which has applied to all commitment and payment appropriations since 1 January 2021; underlines that the Union’s financial interests are to be protected in accordance with EU values and commitments and that the Commission should use the conditionality mechanism if Member States fail to protect these values; commends in this light the important work of investigative journalists in exposing cases of abuses of EU funds and emphasizes the importance of journalists being able to exercise their profession without being hindered by SLAPPs;

Amendment 336 #

Ramona STRUGARIU, Anna Júlia DONÁTH, David CASA, Maite PAGAZAURTUNDÚA, Hilde VAUTMANS, Michal ŠIMEČKA, Olivier CHASTEL, Karen MELCHIOR, Fabienne KELLER

Motion for a resolution
Paragraph 21

21. Recalls the importance of Regulation (EU, Euratom) 2020/2092 on a general regime of conditionality for the protection of the Union budget, which has applied to all commitment and payment appropriations since 1 January 2021; calls on the Commission to make use of existing legal provisions within the Regulation and implement a regime of conditionality immediately, once conditions are met in any Member State;

Amendment 337 #

Motion for a resolution
Paragraph 22

22. Stresses that Union level measures to combat SLAPPs should be complementary and consistent with ~~other available tools, such as the mechanism for the protection of democracy, the rule of law and fundamental rights,~~ policies on combating corruption and current financial programmes to support civil society and justice systems;

Amendment 338 #

Motion for a resolution
Paragraph 22 a (new)

22 a. Highlights that the fight against corruption is essential for maintaining democracy, fundamental rights and rule of law, as corruption, which can take many forms, undermines our values, proper functioning of States and enables organised crime;

Amendment 339 #

Motion for a resolution
Paragraph 22 b (new)

22 b. Calls on the Commission to strengthen in the framework of the annual Mechanism on DRF the regular, inclusive and structured dialogue with national authorities, NGOs, professional associations and other stakeholders in order to protect and support journalists, and other civil society representatives at risk of SLAPPs, prosecution or harassment;

Amendment 34 #

Motion for a resolution
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 340 #

Motion for a resolution
Paragraph 23

~~23. Calls on the Commission to come forward with proposals on the basis of the annex to this resolution;~~deleted

Amendment 35 #

Domènec RUIZ DEVESA, Łukasz KOHUT

Motion for a resolution
Recital A

A. whereas independent journalism, freedom of expression and access to pluralistic information are key pillars of democracy; whereas civil society is essential for any democracy to thrive;

Amendment 36 #

Motion for a resolution
Recital A a (new)

A a. Whereas journalists and media actors in Europe and abroad are increasingly being threatened, physically attacked, and killed because of their work, particularly when it focuses on the misuse of power, corruption, human rights violations, and criminal activities, among others; stresses that the effective exercise of freedom of expression require a range of positive measures for protection for journalists, including among others, guaranteeing protection against physical violence and intimidation from State and non-State actors; to protect life and to investigate assassinations; notes that threats are not only of a violent nature and intimidation against journalists also stem from legal, political, socio-cultural and economic pressures; highlights that the misuse of the law and legal process, with the high legal costs required to fight law suits, can become a mean of harassment, leading to the silencing of journalists and other media actors reporting on matters of public interest; underlines in this regard, the need to give effect to the Council of Europe’s recommendation on the protection of journalism and safety of journalists and other media actors recommendations;

Amendment 37 #

Diana RIBA I GINER, Marie TOUSSAINT, Grace O'SULLIVAN, Benoît BITEAU, Anna DEPARNAY-GRUNENBERG, Sarah WIENER

Motion for a resolution
Recital A a (new)

A a. Whereas the shrinking space for civil society is an increasingly concerning issue in the Union, and disproportionately affects journalists, academics, NGOs, human rights and environmental defenders who are working on environmental issues, increasingly questioning their role as public watchdogs; whereas in recent years, environmental defenders have been subjected to ever increasing incidences of killings, threats, harassment, intimidation, smear campaigns, criminalisation and judicial harassment;

Amendment 38 #

Motion for a resolution
Recital A a (new)

A a. Whereas public participation in the decision making process is fundamental in a democratic society; whereas, in order to have an effective public participation, the people and the NGOs must have access to accurate information from public authorities as well as a wide variety of media sources; whereas this information must be openly, publicly and uncensoredly discussed and debated in order for the public to form an informed opinion;

Amendment 39 #

Diana RIBA I GINER, Marie TOUSSAINT, Grace O'SULLIVAN, Anna DEPARNAY-GRUNENBERG, Benoît BITEAU

Motion for a resolution
Recital A a (new)

A a. Whereas online platforms like Google, Facebook, Twitter, YouTube and others have censored content and journalists, which influenced negatively the debates on important issues and deprived people of knowing diverse opinions or different facts about important matters;

Amendment 4 #

Motion for a resolution
Citation 6 a (new)

— having regard 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 law 2a, _________________ 2a OJ L 305, 26.11.2019, p. 17

Amendment 40 #

Diana RIBA I GINER, Marie TOUSSAINT, Grace O'SULLIVAN, Benoît BITEAU, Anna DEPARNAY-GRUNENBERG, Sarah WIENER

Motion for a resolution
Recital A a (new)

A a. Whereas journalists, NGOs, civil society and media organisations are not above the law, nor should they be immune against legal action;

Amendment 41 #

Motion for a resolution
Recital A b (new)

A b. whereas public participation lies at the heart of the very notion of democracy, and can express itself in a variety of behaviours of a natural or legal person directed at engaging on a matter of public interest; whereas public participation could include the exercise of public scrutiny and public information, such as journalistic communications, publications or works, including editorial content, communications, publications or works of a political, scientific, academic, artistic, commentary or satirical nature including when those concerned are, among others, figures open to public scrutiny, in the context of broader interests in open discussion of political issues; whereas public participation include actions and activities resulting from the exercise of the right to freedom of expression and of information, the right to freedom of association and peaceful assembly, the right to good administration and the right to an effective remedy;

Amendment 42 #

Motion for a resolution
Recital A b (new)

A b. Whereas certain NGOs or their staff have been found guilty of serious crimes, such as fraud1a, paedophilia2a, and many others; whereas any legislative initiative to curb SLAPPs shall not hamper any civil or criminal investigation into the activities of NGOs, civil society organisations, their staff and their volunteers, or journalists; _________________ 1a https://www.infomigrants.net/en/post/332 09/italy-ten-people-sentenced-to-long- prison-sentences-in-ngo-migrant-scam 2a https://phnompenhpost.com/national/ngo- volunteer-found-guilty-child-sex-crimes; https://www.timesnownews.com/mirror- now/in-focus/article/brajesh-thakur-ngo- owner-arrested-rape-34-minor-girls- bihar-muzaffarpur/263504

Amendment 43 #

Motion for a resolution
Recital A b (new)

A b. Whereas free and independent media is indispensable in a democratic society, as it provides the public with information and acts as a watchdog exposing wrongdoing and inspiring debate;

Amendment 44 #

Motion for a resolution
Recital A c (new)

A c. Whereas the right to freedom of expression is a fundamental right that must be exercised with duty and responsibility, taking into consideration the fundamental right of the people to know the truth as well as the respect for the fundamental right to protect one’s reputation and privacy1a; whereas, in case of a conflict between these rights, any party must have access to civil courts in case the situation was not resolved amiably; _________________ 1a According to art. 10 of the European Convention of Human Rights

Amendment 45 #

Motion for a resolution
Recital A c (new)

A c. Whereas NGOs and civil society organisations are exempt from most AMLD and DAC transparency and reporting requirements; whereas the European Court of Auditors’ Special Report No 35/2018 highlights that NGOs are prone to be used for money laundering purposes;

Amendment 46 #

Motion for a resolution
Recital A d (new)

A d. Whereas transparency and objectivity of media platforms are critical to fight disinformation and misinformation as well as foreign political interference and manipulation; whereas journalists have to present the facts accurately and objectively, clearly distinguishing between facts and opinions, as well as properly quoting a source or referring to it;

Amendment 47 #

Motion for a resolution
Recital A e (new)

A e. Whereas disinformation is a threat to the democratic process, but, at the same time, combating misinformation and disinformation cannot be used as a pretext to censor or restrict media freedom or freedom of expression;

Amendment 48 #

Motion for a resolution
Recital A f (new)

A f. Whereas errors might occur during reporting the facts or information; whereas, in such cases, the journalists, publishers, media hubs, platforms etc should, at the request of an interested party or at their own initiative, correct the record in order to accurately report or state the fact or the information; whereas such option would avoid unnecessary and costly litigations for all parties;

Amendment 49 #

Motion for a resolution
Recital A g (new)

A g. Whereas online platforms like Google, Facebook, Twitter, Youtube and others have censored content and journalists, which influenced negatively the debates on important issues and deprived people of knowing diverse opinions or different facts about important matters;

Amendment 5 #

Motion for a resolution
Citation 6 a (new)

— having regard 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 law1a, _________________ 1a OJ L 305, 26.11.2019, p. 17

Amendment 50 #

Motion for a resolution
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;deleted

Amendment 51 #

Motion for a resolution
Recital B

B. whereas Strategic Lawsuits Against Public Participation (SLAPPs) are lawsuits or other legal actions ~~(e.g. injunctions, asset-freezing) based on civil~~based 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 particip~~or 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 52 #

Diana RIBA I GINER, Marie TOUSSAINT, Grace O'SULLIVAN, Benoît BITEAU, Anna DEPARNAY-GRUNENBERG, Sarah WIENER

Motion for a resolution
Recital B

B. whereas Strategic Lawsuits Against Public Participation (SLAPPs) are lawsuits or other legal actions (e.g. injunctions, asset-freezing) brought forward by private individuals and entities but also inter alia by public officials, public bodies and publicly controlled entities, directed to one or more individuals or groups 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; whereas silencing views on public matters has a direct, detrimental impact on democratic participation and dialogue and impairs the principles and European foundational values, enshrined in Article 2 of the TEU;

Amendment 53 #

Motion for a resolution
Recital B

B. whereas Strategic Lawsuits Against Public Participation (SLAPPs) are lawsuits or other legal actions (e.g. injunctions, asset-freezing) based on a variety of legal bases mostly of 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 acts of public participation, including investigating and reporting on breaches of Union and national law, corruption or other fraudulent practices, promoting democratic debate or engaging in advocacy or activism including through the exercise of civil liberties such as freedom of association, freedom of peaceful assembly and freedom of expression, of information and of assembly ;

Amendment 54 #

Łukasz KOHUT, Petar VITANOV, Cyrus ENGERER, Bettina VOLLATH, Tanja FAJON, Domènec RUIZ DEVESA, Birgit SIPPEL, Klára DOBREV

Motion for a resolution
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 public participation including investigating and reporting on breaches of Union and national law, corruption or other fraudulent practices or of blocking public participation and activism including by violating civil liberties such as freedom of association, assembly and freedom of expression and of information thus resulting in lessening societal resilience against authoritarian pushback against democracy and rule of law;

Amendment 55 #

Motion for a resolution
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 particip~~, as well as preventing the promotion of democratic debate or engagement in advocacy or activism including through the exercise of civil liberties such as freedom of association, freedom of peaceful assembly and freedom of expression and information;

Amendment 56 #

Motion for a resolution
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 censor, intimidate, and silence critics by burdening them with high costs for legal defense until they abandon their criticism of opposition, thereby preventing reporting on alleged breaches of Union and national law, corruption or other fraudulent practices or of blocking or undermining public participation;

Amendment 57 #

Ramona STRUGARIU, Anna Júlia DONÁTH, David CASA, Maite PAGAZAURTUNDÚA, Hilde VAUTMANS, Michal ŠIMEČKA, Olivier CHASTEL, Jana TOOM, Karen MELCHIOR, Fabienne KELLER, Dace MELBĀRDE

Motion for a resolution
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 participation~~engaging in advocacy or activism through the exercise of legally guaranteed civil liberties;

Amendment 58 #

Motion for a resolution
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~~harassing the journalist or the media outlet in order to prevent the dissemination of information and ideas as well as reporting on breaches of Union and national law, corruption or other fraudulent practices or of blocking public participation;

Amendment 59 #

Motion for a resolution
Recital B

Amendment 6 #

Motion for a resolution
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 60 #

Motion for a resolution
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 61 #

Diana RIBA I GINER, Marie TOUSSAINT, Grace O'SULLIVAN, Benoît BITEAU, Anna DEPARNAY-GRUNENBERG, Sarah WIENER

Motion for a resolution
Recital B a (new)

B a. whereas the lack of a consistent and comprehensive legal and judicial approach within the Union does not allow to swiftly recognize and efficiently address SLAPP suits; whereas the level of protection from SLAPP suits remains very fragmented across Member States, frustrating legal certainty and SLAPP targets’ right to an effective remedy; whereas one of the main challenges in drafting anti-SLAPP legislation lies in how to address abusive claims, without denying potential claimants’ rights which derive from Member States’ constitutions and their obligations under the EU Charter of Fundamental Rights and the European Convention on Human Rights;

Amendment 62 #

Motion for a resolution
Recital B a (new)

B a. whereas targets of SLAPPs can be sued for expressing critical views on the behaviour, or denouncing wrongdoings, of corporates or authorities through publications, leaflets, artworks or other online or offline forms of expression, or in retaliation for their involvement in campaigns, judicial claims, actions or protests; whereas journalists, media outlets, bloggers, civil society organizations, NGOs, rights defenders, whistleblowers, campaigners, academics, demonstrators, activists and artists are bigger targets to SLAPPs; whereas this situation severely undermines democratic public participation;

Amendment 63 #

Ramona STRUGARIU, Anna Júlia DONÁTH, David CASA, Maite PAGAZAURTUNDÚA, Hilde VAUTMANS, Olivier CHASTEL, Karen MELCHIOR, Michal ŠIMEČKA, Dace MELBĀRDE, Fabienne KELLER

Motion for a resolution
Recital B a (new)

B a. whereas SLAPPs claims arise from the public participation of the defendant, on matters of public interest, which lack legal merits, are manifestly unfounded, and are characterised by the abuse of rights or of process by the plaintiff, exerting excessive claims in matters in which the defendant is exercising a legally protected right, therefore using the judicial process for purposes other than genuinely asserting, vindicating or exercising a right;

Amendment 64 #

Motion for a resolution
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 65 #

Motion for a resolution
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 66 #

Motion for a resolution
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)

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 #

Diana RIBA I GINER, Marie TOUSSAINT, Grace O'SULLIVAN, Anna DEPARNAY-GRUNENBERG, Benoît BITEAU

Motion for a resolution
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 7 #

Motion for a resolution
Citation 14 a (new)

— having regard to its resolution of 13 February 2019 on experiencing backlash in women’s rights and gender equality in the EU 1a, _________________ 1a Texts adopted, P8_TA(2019)0111

Amendment 70 #

Motion for a resolution
Recital C

C. whereas SLAPPs have become an increasingly widespread practice used against ~~journalists, academics, civil society~~public 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

C. whereas SLAPPs have become an increasingly widespread practice used against ~~journalists, academics, civil society~~public 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

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 73 #

Diana RIBA I GINER, Marie TOUSSAINT, Grace O'SULLIVAN, Benoît BITEAU, Anna DEPARNAY-GRUNENBERG, Sarah WIENER

Motion for a resolution
Recital C

Amendment 74 #

Motion for a resolution
Recital C

C. whereas SLAPPs have become an increasingly widespread practice used against ~~journalists, academics, civil society and NGOs~~public watchdogs and other actors engaging in public participation, including journalists, academics, civil society organizations, NGOs and activists, human rights and environmental defenders and whistleblowers , 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;

Amendment 75 #

Łukasz KOHUT, Petar VITANOV, Cyrus ENGERER, Bettina VOLLATH, Tanja FAJON, Domènec RUIZ DEVESA, Birgit SIPPEL, Klára DOBREV

Motion for a resolution
Recital C

C. whereas SLAPPs have become an increasingly widespread practice used against journalists, ~~academic~~media organisations, academics, watchdogs, human rights defenders, whistle blowers, 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, the Slovenian investigative news outlet Necenzurirano recently hit by a barrage of 39 lawsuits and continuous lawsuits against defenders of women's rights in Poland;

Amendment 76 #

Motion for a resolution
Recital C

C. whereas SLAPPs have become an increasingly widespread practice used against journalists, academics, civil society, activists, artists and NGOs, as demonstrated by many cases throughout the Union, such as the chilling case of investigative journalist Daphne Caruana Galizia, who ~~was~~ reportedly fac~~ing~~ed 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 casRealtid Media, which was repeatedly threatened with a lawsuit in a different jurisdiction from where the reporting in question took place, the Polish artists behind the artistic project "The Atlas of Hate" which reacted to the establishment of so-called "LGBT Free Zones" in~~clude Realtid Media, which was repeatedly threatened with a lawsuit in a different jurisdiction from where the reporting in question took place~~ Poland, advocacy organisation SumOfUs who faced a libel lawsuit from PayPal after organising a peaceful protest against the company's alleged relationship with a neo-Nazi group, Sherpa and ReAct who have together faced 20 lawsuits from Bollore Group, and Gazeta Wyborcza, which continues to be sued by a number of public entities and officials on a regular basis;

Amendment 77 #

Motion for a resolution
Recital C

C. whereas SLAPPs have become an increasingly widespread practice used against journalists, and 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;; notes with concern the chilling murder attempt on the life of the Dutch investigative journalist Peter R de Vries despite the Netherlands being ranked 6th in the press freedom index.

Amendment 78 #

Ramona STRUGARIU, Anna Júlia DONÁTH, David CASA, Maite PAGAZAURTUNDÚA, Hilde VAUTMANS, Michal ŠIMEČKA, Olivier CHASTEL, Karen MELCHIOR, Fabienne KELLER, Dace MELBĀRDE

Motion for a resolution
Recital C

C. whereas SLAPPs have become an increasingly widespread practice used against journalists, academics, civil society a~~nd NGOs~~ctors, NGOs and other actors engaging in public participation, 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, or the Slovenian investigative news outlet Necenzurirano recently hit by 39 lawsuits, amongst others;

Amendment 79 #

Diana RIBA I GINER, Marie TOUSSAINT, Grace O'SULLIVAN, Anna DEPARNAY-GRUNENBERG, Benoît BITEAU

Motion for a resolution
Recital C

C. whereas SLAPPs have become an increasingly widespread practice used against journalists, publishers, academics, civil society and NGOs which engage in the protection of media freedom, 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;

Amendment 8 #

Motion for a resolution
Citation 23 a (new)

— having regard to its resolution of 11 March 2021 on the declaration of the EU as an LGBTIQ Freedom Zone 1b, _________________ 1b Text adopted, P9_TA(2021)0089

Amendment 80 #

Motion for a resolution
Recital C

C. whereas SLAPPs have become an increasingly widespread practice used against journalists, academics, civil society and NGOs, and in general against freedom of expression and access to accurate information, 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 ~~Wyborcz~~Gazeta, which continues to be sued by a number of public entities and officials on a regular basis;

Amendment 81 #

Motion for a resolution
Recital C

C. whereas SLAPPs have become an increasingly widespread practice used against journalists, academics, human rights defenders, 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) across multiple jurisdictions, 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 82 #

Motion for a resolution
Recital C

C. whereas SLAPPs have become an increasingly widespread practice used against journalists, publishers, 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 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;

Amendment 83 #

Motion for a resolution
Recital C

C. whereas SLAPPs have become an increasingly widespread practice used against journalists, academics, ~~civil society and~~human 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 84 #

Diana RIBA I GINER, Marie TOUSSAINT, Grace O'SULLIVAN, Benoît BITEAU, Anna DEPARNAY-GRUNENBERG, Sarah WIENER

Motion for a resolution
Recital C

C. whereas evidence shows that 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;

Amendment 85 #

Motion for a resolution
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)

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 87 #

Motion for a resolution
Recital C a (new)

C a. whereas according to a recent study on SLAPP in the EU commissioned by the Commission, SLAPPs are increasingly used across the EU to target NGOs, activists and rights defenders, including environmental activists and LGBTQI rights defenders; whereas journalists, human rights defenders and civil society organizations are facing an increasingly hostile environment; whereas examples of SLAPPs include cases in the fields of civil rights, environmental interests, land use rights, urban and suburban development, as well as animal welfare, among others;

Amendment 88 #

Diana RIBA I GINER, Marie TOUSSAINT, Grace O'SULLIVAN, Anna DEPARNAY-GRUNENBERG, Benoît BITEAU

Motion for a resolution
Recital C a (new)

C a. whereas the reference to journalists may also include media organisations and the reference to civil society and NGOs may also include so- called 'public watchdogs' organisations, whistle-blowers, activists and human rights defenders;

Amendment 89 #

Ramona STRUGARIU, Anna Júlia DONÁTH, David CASA, Maite PAGAZAURTUNDÚA, Hilde VAUTMANS, Michal ŠIMEČKA, Olivier CHASTEL, Jana TOOM, Karen MELCHIOR, Fabienne KELLER

Motion for a resolution
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 9 #

Motion for a resolution
Citation 23 b (new)

— having regard to its resolution of 19 May 2021 on the effects of climate change on human rights and the role of environmental defenders on this matters 1c, _________________ 1c Text adopted: P9_TA(2021)0245

Amendment 90 #

Motion for a resolution
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 91 #

Diana RIBA I GINER, Marie TOUSSAINT, Benoît BITEAU, Grace O'SULLIVAN, Anna DEPARNAY-GRUNENBERG, Sarah WIENER

Motion for a resolution
Recital C a (new)

C a. whereas SLAPPs are frequently used by public authorities or its proxies such as state-funded media outlets, state funded NGOs or state-owned companies;

Amendment 92 #

Motion for a resolution
Recital C b (new)

C b. Whereas SLAPPs have also been brought against human rights and environmental defenders as demonstrated by many cases throughout the Union, such as the specific case of environmental activists denouncing the overuse of pesticides in Italy(Umweltinstitut/Karl Bäse) and France (Alerte aux Toxiques, Valérie Murat) or climate activists sued by RWE in Germany, as well as the case of the NGO Sherpa being accused of defamation by the construction company VINCI; whereas activists defending women’s rights, gender equality and LGBTIQ+ rights such as the ‘Atlas of Hate’ group and the creator of the ‘LGBT-free zone’ photo project (Bart Staszewski) are currently facing SLAPP cases due to their advocacy work; whereas SLAPPs have also been used to criminalise solidarity, and individuals and organisations, like MSF, Save the Children, MOAS, Open Arms among many others have been experiencing meritless prosecutions, intimidation, harassment and surveillance on the vague grounds of ‘facilitating irregular migration’; whereas there is evidence that Member States that abandon the path of the rule of law and liberal democracy become a hostile environment for critical voices, including of academics, artists and dissents, as they become even bigger targets, such as the case of Professor Sadurski, a recognized constitutional law professor in Poland, who has been a target of numerous SLAPP lawsuits, including by the Polish Law and Justice ruling party, and the verdict of the Court on 5 March 2021 acquitting him is an important pushback against growing efforts to misuse civil and criminal defamation laws to silence dissent;

Amendment 93 #

Motion for a resolution
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 94 #

Diana RIBA I GINER, Marie TOUSSAINT, Grace O'SULLIVAN, Benoît BITEAU, Anna DEPARNAY-GRUNENBERG, Sarah WIENER

Motion for a resolution
Recital C b (new)

C b. whereas SLAPPing can be a tool to reduce media pluralism at the systemic level, by exercising a chilling effect on independent media;

Amendment 95 #

Motion for a resolution
Recital C c (new)

C c. whereas the objective of the SLAPPs is not to bring justice but rather to impose a burden on critical voices by discouraging and silencing them, and to exert a chilling effect on other potential critics; whereas SLAPPs are deliberately initiated with the intent to make the litigation expensive, long-lasting and complicated for the defendants, which include the purpose of intimidating and draining the financial and psychological resources of their targets; whereas SLAPPs not only have a detrimental impact on victims, but also on their families;

Amendment 96 #

Motion for a resolution
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 97 #

Motion for a resolution
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 be brought against watchdogs within the Union also by actors in third countries and before courts in third countries;

Amendment 98 #

Diana RIBA I GINER, Marie TOUSSAINT, Grace O'SULLIVAN, Benoît BITEAU, Anna DEPARNAY-GRUNENBERG, Sarah WIENER

Motion for a resolution
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 99 #

Motion for a resolution
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 human rights and 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 against watchdogs within the Union also by claimant established in third countries;

source: 695.299

2021/09/06 JURI, LIBE 91 amendments...

Amendment 341 #

Motion for a resolution
Annex – title

~~ANNEX~~SPECIFIC RECOMMENDATIONS TO THE COMMISSION

Amendment 342 #

Motion for a resolution
Annex – point 1 – part I – introductory part

Legislative measures - a package addressing SLAPPs, including early dismissal mechanisms, should include proposals:

Amendment 343 #

Motion for a resolution
Annex – point 1– part I –indent 1

Amendment 344 #

Motion for a resolution
Annex – point 1 – part I – indent 1

for general rules providing ~~protection~~for procedural safeguards, common to both civil and criminal cases, aimed at protecting victims against SLAPPs;

Amendment 345 #

Motion for a resolution
Annex – point 1 – part I – indent 2

specifically addressing questions of civil justice and private international law, including judicial cooperation and forum shopping;

Amendment 346 #

Motion for a resolution
Annex – point 1 – part I – indent 2

specifically addressing ~~questions of civil justice~~private international law aspects;

Amendment 347 #

Motion for a resolution
Annex – point 1 – part I – indent 3

addressing in particular issues of criminal justice and equality of arms in access to justice

Amendment 348 #

Ramona STRUGARIU, Anna Júlia DONÁTH, David CASA, Dace MELBĀRDE, Michal ŠIMEČKA, Hilde VAUTMANS, Olivier CHASTEL, Fabienne KELLER, Karen MELCHIOR, Maite PAGAZAURTUNDÚA

Motion for a resolution
Annex – point 1 – part II – indent 1a (new)

support for the creation of dedicated national networks of specialised lawyers, legal practitioners and psychologists, easily available for victims of SLAPPs and their families;

Amendment 349 #

Motion for a resolution
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 350 #

Ramona STRUGARIU, Anna Júlia DONÁTH, David CASA, Dace MELBĀRDE, Michal ŠIMEČKA, Hilde VAUTMANS, Olivier CHASTEL, Fabienne KELLER, Karen MELCHIOR, Maite PAGAZAURTUNDÚA

Motion for a resolution
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

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 352 #

Motion for a resolution
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 353 #

Motion for a resolution
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 354 #

Motion for a resolution
Annex – point 1 – part II – indent 3

the creation of a specific Union fund to provide ~~financial~~ support to victims of SLAPPs, including in terms of financial aid, legal assistance and psychological support;

Amendment 355 #

Motion for a resolution
Annex – point 1 – part II – indent 3

~~the creation of~~ a specific Union fund to provide financial, legal and psychological support to victims of SLAPPs;

Amendment 356 #

Motion for a resolution
Annex – point 1 – part II – indent 4

Amendment 357 #

Ramona STRUGARIU, Anna Júlia DONÁTH, David CASA, Dace MELBĀRDE, Michal ŠIMEČKA, Hilde VAUTMANS, Olivier CHASTEL, Fabienne KELLER, Karen MELCHIOR, Maite PAGAZAURTUNDÚA

Motion for a resolution
Annex – point 1 – part II – indent 4

Amendment 358 #

Motion for a resolution
Annex – point 1– part II – indent 4

Amendment 359 #

Motion for a resolution
Annex – point 1 – part II – indent 4

Amendment 360 #

Motion for a resolution
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 361 #

Motion for a resolution
Annex – point 1 – part II – indent 5

Amendment 362 #

Ramona STRUGARIU, Anna Júlia DONÁTH, David CASA, Dace MELBĀRDE, Michal ŠIMEČKA, Hilde VAUTMANS, Olivier CHASTEL, Fabienne KELLER, Karen MELCHIOR, Maite PAGAZAURTUNDÚA

Motion for a resolution
Annex – point 1 – part II – indent 6

Amendment 363 #

Motion for a resolution
Annex – point 1 – part II – indent 6

Amendment 364 #

Motion for a resolution
Annex – point 1 – part II – indent 6

Amendment 365 #

Motion for a resolution
Annex – point 1 – part II – indent 6a (new)

the establishment of a priority list of Member States where EU action against SLAPPs, notably concerning human rights and environmental defenders, should be intensified.

Amendment 366 #

Motion for a resolution
Annex – point 2 – part I – introductory part

Amendment 367 #

Motion for a resolution
Annex – point 2 – part I – introductory part

Amendment 368 #

Motion for a resolution
Annex – point 2 – part I – introductory part

A legislative proposal for a general protection measure would have the dual aim of protecting persons investigating or reporting:

Amendment 369 #

Ramona STRUGARIU, Anna Júlia DONÁTH, David CASA, Dace MELBĀRDE, Michal ŠIMEČKA, Hilde VAUTMANS, Olivier CHASTEL, Fabienne KELLER, Karen MELCHIOR, Maite PAGAZAURTUNDÚA

Motion for a resolution
Annex – point 2 – part I – introductory part

A legislative proposal for a general protection measure would have the dual aim of protecting persons investigating ~~or report~~, reporting, or exposing matters of public interest concerning:

Amendment 370 #

Motion for a resolution
Annex – point 2 – part I – introductory part

Amendment 371 #

Motion for a resolution
Annex – point 2 – part I – point (a)

(a) possible breaches of Union law;

Amendment 372 #

Ramona STRUGARIU, Anna Júlia DONÁTH, David CASA, Dace MELBĀRDE, Michal ŠIMEČKA, Hilde VAUTMANS, Olivier CHASTEL, Fabienne KELLER, Karen MELCHIOR, Maite PAGAZAURTUNDÚA

Motion for a resolution
Annex – point 2 – part I – point a

(a) possible breaches of Union law;

Amendment 373 #

Motion for a resolution
Annex – point 2 – part I – point a

(a) possible breaches of Union law;

Amendment 374 #

Motion for a resolution
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)

(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)

(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)

Amendment 378 #

Motion for a resolution
Annex – point 2 – part I – point b

(b) unlawful practices that threaten the proper functioning of the internal market.

Amendment 379 #

Motion for a resolution
Annex – point 2 – part II – point -a (new)

(-a) clear and harmonised definitions;

Amendment 380 #

Motion for a resolution
Annex – point 2 – part II – point b

(b) ~~the prohibition of retaliation and~~ effective penalties against SLAPP actions;

Amendment 381 #

Motion for a resolution
Annex – point 2 – part II – point b

(b) the prohibition of retaliation ~~and~~, effective and dissuasive penalties against SLAPP actions;

Amendment 382 #

Motion for a resolution
Annex – point 2 – part II – point b

(b) the prohibition of retaliation and effective penalties against SLAPP actions and against the abuse of the anti-SLAPP safeguards;

Amendment 383 #

Motion for a resolution
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)

Amendment 385 #

Motion for a resolution
Annex – point 2 – part II – point c – subpoint ii

(ii) legal, moral and financial aid;

Amendment 386 #

Motion for a resolution
Annex – point 2 – part II – point c – subpoint ii

(ii) legal, moral and financial aid;

Amendment 387 #

Motion for a resolution
Annex – point 2 – part II – point d

(d) the prohibition of retaliation and the establishment of effective measures to protect against such retaliation.

Amendment 388 #

Motion for a resolution
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)

(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 390 #

Motion for a resolution
Annex – point 2 – part III

Amendment 391 #

Motion for a resolution
Annex – point 2 a (new)

Amendment 392 #

Motion for a resolution
Annex – point 3 – part 1

Amendment 393 #

Motion for a resolution
Annex – point 3 – title

3. Civil procedure and private international law

Amendment 394 #

Motion for a resolution
Annex – point 3 – title

3. ~~Civil procedure~~Rights of the defendants, obligations of the courts and private international law aspects

Amendment 395 #

Motion for a resolution
Annex – point 3 – part I

Amendment 396 #

Motion for a resolution
Annex – point 3 – part I – introductory part

A proposal for ~~a civil procedur~~legislative measures applicable in ~~cross-border~~SLAPP cases should include:

Amendment 397 #

Ramona STRUGARIU, Anna Júlia DONÁTH, David CASA, Dace MELBĀRDE, Michal ŠIMEČKA, Hilde VAUTMANS, Olivier CHASTEL, Fabienne KELLER, Karen MELCHIOR, Maite PAGAZAURTUNDÚA

A proposal for a civil procedure measure applicable in both cross-border and non- cross-border cases should include:

Amendment 398 #

Motion for a resolution
Annex – point 3 – part 1 – introductory part

A proposal for a civil procedure measure applicable in SLAPP cases, also with a cross-border ~~cases~~nature, should include:

Amendment 399 #

Motion for a resolution
Annex – point 3 – part I – point a

Amendment 400 #

(a) the obligation for the claimant in cases concerning public participation to specify and provide means of ~~proof~~justification of why the action is not abusive;

Amendment 401 #

Motion for a resolution
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 #

Ramona STRUGARIU, Anna Júlia DONÁTH, David CASA, Dace MELBĀRDE, Michal ŠIMEČKA, Hilde VAUTMANS, Olivier CHASTEL, Fabienne KELLER, Karen MELCHIOR, Maite PAGAZAURTUNDÚA

(b) the obligation for courts to summarily dismiss abusive lawsuits at a very early stage;

Amendment 403 #

Motion for a resolution
Annex – point 3 – part I – point ba (new)

Amendment 404 #

Motion for a resolution
Annex – point 3 – part I – point c

(c) the obligation for courts t~~o consider the~~hat identify an abusive element in a~~ny 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 #

(d) the possibility for third parties to intervene and subrogate to the defendant’s rights and obligations according to national procedural law;

Amendment 406 #

Motion for a resolution
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 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

(g) the right to damages, including for economic, reputational, psychological or other damages suffered.

Amendment 409 #

Motion for a resolution
Annex – point 3 – part II – introductory part

Amendment 410 #

Ramona STRUGARIU, Anna Júlia DONÁTH, David CASA, Dace MELBĀRDE, Michal ŠIMEČKA, Hilde VAUTMANS, Olivier CHASTEL, Fabienne KELLER, Karen MELCHIOR, Maite PAGAZAURTUNDÚA

Motion for a resolution
Annex – point 3 – part II – point a

Amendment 411 #

Motion for a resolution
Annex – point 3 – part II – point a

Amendment 412 #

Motion for a resolution
Annex – point 3 – part II – point a a (new)

(aa) A recast of the Rome II Regulation with an explicit rule that in defamation cases or other cases based in civil and commercial law which may constitute a SLAPP the applicable law is the law of the place to which the publication is directed and, supplementary, the place of editorial control and the place in which the main elements of harm are situated.

Amendment 413 #

Motion for a resolution
Annex – point 3 – part II – point a

(a) establish the habitual residence of the defendant as the sole forum;

Amendment 414 #

Motion for a resolution
Annex – point 3 – part II – point a

(a) the ~~habitual residenc~~domicile of the defendant as the sole forum;

Amendment 415 #

Motion for a resolution
Annex – point 3 – part II – point b

Amendment 416 #

Motion for a resolution
Annex – point 3 – part II – point b

Amendment 417 #

Motion for a resolution
Annex – point 3 – part II – point b

Amendment 418 #

Ramona STRUGARIU, Anna Júlia DONÁTH, David CASA, Dace MELBĀRDE, Michal ŠIMEČKA, Hilde VAUTMANS, Olivier CHASTEL, Fabienne KELLER, Karen MELCHIOR, Maite PAGAZAURTUNDÚA

Motion for a resolution
Annex – point 3 – part II – point b

(b) that the applicable law is the law of the place ~~where the investigation or reporting took place~~to which a publication is directed and, supplementary, the place of editorial control.

Amendment 419 #

Motion for a resolution
Annex – point 3 – part II – point b

Amendment 420 #

Motion for a resolution
Annex – point 4 – introductory part

A ~~legislative~~ proposal regarding criminal law aspects of SLAPPs, should:

Amendment 421 #

Motion for a resolution
Annex – point 4 – point a

Amendment 422 #

Motion for a resolution
Annex – point 4 – point b

Amendment 423 #

Motion for a resolution
Annex – point 4 – point b

(b) specify that prosecution cannot be used to silence ~~journalists, academics, civil society~~public watchdogs, civil society actors and other actors engaging in public participation, including journalists, academics, rights defenders, whistleblowers, activists and NGOs;

Amendment 424 #

Motion for a resolution
Annex – point 4 – point b

Amendment 425 #

Motion for a resolution
Annex – point 4 – point b

(b) specify that private prosecution cannot be used to silence journalists, publishers, academics, civil society and NGOs;

Amendment 426 #

Motion for a resolution
Annex – point 4 – point b

(b) specify that prosecution cannot be used to silence journalists, publishers, academics, civil society and NGOs;

Amendment 427 #

Motion for a resolution
Annex – point 4 – point c

(c) facilitate mutual recognition of judgements and judicial decisions~~, and police and judicial cooperation in criminal matters.~~;

Amendment 428 #

Motion for a resolution
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;

Amendment 429 #

Motion for a resolution
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;

Amendment 430 #

Motion for a resolution
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.

Amendment 431 #