2021/2036(INI) Strengthening Democracy and Media Freedom and Pluralism in the EU: the undue use of actions under civil and criminal law to silence journalists, NGOs and civil society
Next event: Indicative plenary sitting date 2021/10/18
Lead committee dossier:
Next event: Indicative plenary sitting date 2021/10/18
Progress: Awaiting committee decision
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Joint Responsible Committee | ['JURI', 'LIBE'] |
METSOLA Roberta ( EPP),
WÖLKEN Tiemo ( S&D)
|
ADAMOWICZ Magdalena ( EPP),
KOHUT Łukasz ( S&D),
TOOM Yana ( Renew),
RIBA I GINER Diana ( Verts/ALE),
TOUSSAINT Marie ( Verts/ALE),
FEST Nicolaus ( ID),
DZHAMBAZKI Angel ( ECR),
AUBRY Manon ( GUE/NGL),
DALY Clare ( GUE/NGL)
|
| Committee Opinion | CULT |
FOURLAS Loucas ( EPP)
|
Irena JOVEVA ( RE),
Niyazi KIZILYÜREK ( GUE/NGL),
Diana RIBA I GINER ( Verts/ALE),
Predrag Fred MATIĆ ( S&D),
Elżbieta KRUK ( ECR)
|
Lead committee dossier:
Legal Basis:
RoP 54, RoP 57, RoP 58
Legal Basis:
RoP 54, RoP 57, RoP 58Subjects
Events
2021/10/18
Indicative plenary sitting date
2021/09/07
EP - Committee opinion
Documents
2021/06/14
EP - Committee draft report
Documents
2021/04/29
EP - Committee referral announced in Parliament
2021/04/29
EP - Referral to associated committees announced in Parliament
2021/04/29
EP - Referral to joint committee announced in Parliament
2021/04/12
EP - METSOLA Roberta (EPP) appointed as rapporteur in ['JURI', 'LIBE']
2021/04/12
EP - WÖLKEN Tiemo (S&D) appointed as rapporteur in ['JURI', 'LIBE']
2021/02/02
EP - FOURLAS Loucas (EPP) appointed as rapporteur in CULT
Documents
Activities
- Antonio TAJANI
Plenary Speeches (0)
- Angel DZHAMBAZKI
Plenary Speeches (0)
- Maria GRAPINI
Plenary Speeches (0)
- Heidi HAUTALA
Plenary Speeches (0)
- Gilles LEBRETON
Plenary Speeches (0)
- Juan Fernando LÓPEZ AGUILAR
Plenary Speeches (0)
- Roberta METSOLA
Plenary Speeches (0)
- Csaba MOLNÁR
Plenary Speeches (0)
- Pedro SILVA PEREIRA
Plenary Speeches (0)
- Jana TOOM
Plenary Speeches (0)
- Tom VANDENKENDELAERE
Plenary Speeches (0)
- Henna VIRKKUNEN
Plenary Speeches (0)
- Tiemo WÖLKEN
Plenary Speeches (0)
- Clare DALY
Plenary Speeches (0)
- Manon AUBRY
Plenary Speeches (0)
- Gunnar BECK
Plenary Speeches (0)
- Vladimír BILČÍK
Plenary Speeches (0)
- Nicolaus FEST
Plenary Speeches (0)
- Beata KEMPA
Plenary Speeches (0)
- Mislav KOLAKUŠIĆ
Plenary Speeches (0)
- Diana RIBA I GINER
Plenary Speeches (0)
- Ramona STRUGARIU
Plenary Speeches (0)
- Mick WALLACE
Plenary Speeches (0)
- Isabel WISELER-LIMA
Plenary Speeches (0)
- Magdalena ADAMOWICZ
Plenary Speeches (0)
- Loucas FOURLAS
Plenary Speeches (0)
- Billy KELLEHER
Plenary Speeches (0)
- Bettina VOLLATH
Plenary Speeches (0)
- Guido REIL
Plenary Speeches (0)
- Sabrina PIGNEDOLI
Plenary Speeches (0)
- Joachim Stanisław BRUDZIŃSKI
Plenary Speeches (0)
- Cristian TERHEŞ
Plenary Speeches (0)
- Marie TOUSSAINT
Plenary Speeches (0)
- Eugen TOMAC
Plenary Speeches (0)
- Maria WALSH
Plenary Speeches (0)
- Łukasz KOHUT
Plenary Speeches (0)
- Cyrus ENGERER
Plenary Speeches (0)
- Vlad GHEORGHE
Plenary Speeches (0)
| Amendments | Dossier |
| 599 |
2021/2036(INI)
2021/06/29
CULT
78 amendments...
Amendment 1 #
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 #
Draft opinion Paragraph 2 2. Is
Amendment 12 #
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
Amendment 13 #
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 draconian new restrictions on freedom of expression and tighten media censorship; calls on the Commission to mobilise funds to encourage anti-corruption investigative journalism; considers it necessary to take measures to combat the spread of fake news, especially in times of crises, such as the current health crisis, which requires valid, reliable and timely information;
Amendment 14 #
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 draconian new restrictions on freedom of expression and tighten media censorship; stresses that no EU funds should be allocated to media that is controlled by Member States government ; calls on the Commission to mobilise funds to encourage anti-corruption investigative journalism;
Amendment 15 #
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
Amendment 16 #
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 draconian new restrictions on freedom of expression and tighten media censorship; calls on the Commission to mobilise funds to encourage anti-corruption investigative
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 #
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 #
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 #
Draft opinion Paragraph 1 1. Underlines that
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 #
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
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; _________________
Amendment 23 #
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
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
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
Amendment 26 #
Draft opinion Paragraph 3 a (new) 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 #
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 #
Draft opinion Paragraph 4 4.
Amendment 3 #
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 #
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
Amendment 32 #
Draft opinion Paragraph 4 4. Calls on the Commission to propose a directive against strategic lawsuits against
Amendment 33 #
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 #
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 #
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 #
Draft opinion Paragraph 4 d (new) Amendment 4 #
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 #
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 #
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
Amendment 44 #
Draft opinion Paragraph 5 5. Is concerned about the increase in online hate speech, notably against
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 #
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
Amendment 47 #
Draft opinion Paragraph 5 5. Is concerned about the
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 #
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 #
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 #
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
Amendment 51 #
Draft opinion Paragraph 6 6. Calls on the Member States
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
Amendment 53 #
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 on the basis of ready public access to information;
Amendment 54 #
Draft opinion Paragraph 6 6. Calls on the Member States to guarantee that the public service media is free from censorship and political influence;
Amendment 55 #
Draft opinion Paragraph 6 6. Calls on the Member States to guarantee that
Amendment 56 #
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
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 #
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 #
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 #
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 #
Draft opinion Paragraph 6 c (new) Amendment 61 #
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 #
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 #
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 #
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 #
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 #
Draft opinion Paragraph 7 7.
Amendment 67 #
Draft opinion Paragraph 7 7. Encourages the Member States to introduce effective measures to ensure
Amendment 68 #
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
Amendment 69 #
Draft opinion Paragraph 7 7. Encourages the Member States to introduce effective measures to ensure
Amendment 7 #
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
Amendment 70 #
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
Amendment 71 #
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. even when the latter criticise Member State governments themselves;
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
Amendment 73 #
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 #
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 #
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 #
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 #
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;
Amendment 9 #
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 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
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
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 #
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
Amendment 350 #
Motion for a resolution Annex – point 1 – part II – indent 3 the creation of a specific Union fund to provide
Amendment 351 #
Motion for a resolution Annex – point 1 – part II – indent 3 the creation of a specific Union fund to provide
Amendment 352 #
Motion for a resolution Annex – point 1 – part II – indent 3 the creation of a specific Union fund to provide
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
Amendment 355 #
Motion for a resolution Annex – point 1 – part II – indent 3 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 #
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 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 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 #
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
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
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
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 #
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
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
Amendment 371 #
Motion for a resolution Annex – point 2 – part I – point (a) (a) possible breaches of Union law;
Amendment 372 #
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)
Amendment 381 #
Motion for a resolution Annex – point 2 – part II – point b (b) the prohibition of retaliation
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 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
Amendment 394 #
Motion for a resolution Annex – point 3 – part I – introductory part A proposal for
Amendment 395 #
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
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
Amendment 398 #
(a) the obligation for the claimant in cases concerning public participation to specify and provide means of
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 #
(b) the obligation for courts to summarily dismiss abusive lawsuits
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
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 Amendment 409 #
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
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
Amendment 413 #
Motion for a resolution Annex – point 3 – part II – point b (b) that the applicable law is the law of the place
Amendment 414 #
Motion for a resolution Annex – point 3 – part II – point b (b) that the applicable law is the law of the place
Amendment 415 #
Motion for a resolution Annex – point 3 – part II – point b (b) determine that the applicable law i
Amendment 416 #
Motion for a resolution Annex – point 3 – part II – point b (b) that the applicable law is the law of the place
Amendment 417 #
Motion for a resolution Annex – point 3 – part II – point b (b) that the applicable law is the law of the place
Amendment 418 #
Motion for a resolution Annex – point 4 – introductory part A
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 (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 421 #
Motion for a resolution Annex – point 4 – point b (b) specify that prosecution cannot be used to silence
Amendment 422 #
Motion for a resolution Annex – point 4 – point b (b) specify that prosecution cannot be used to silence
Amendment 423 #
Motion for a resolution Annex – point 4 – point b (b) specify that prosecution cannot be used to silence
Amendment 424 #
Motion for a resolution Annex – point 4 – point b (b) specify that prosecution cannot be used to silence
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
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 #
Motion for a resolution Annex – point 1 – part II –indent 5 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]
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 #
Motion for a resolution Citation 26 a (new) — having regard to LGBTIQ Equality Strategy (2020-2025) (COM(2020)698),
Amendment 100 #
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 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 impacting as well media pluralism and diversity;
Amendment 104 #
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
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 #
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 #
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 #
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) 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 #
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 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 #
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 #
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 #
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
Amendment 122 #
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 threatens Union values as enshrined in Article 2 of the TEU;
Amendment 123 #
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
Amendment 124 #
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
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
Amendment 126 #
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
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
Amendment 128 #
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 #
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
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 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
Amendment 131 #
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 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
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
Amendment 133 #
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 #
Motion for a resolution Paragraph 1 a (new) 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 #
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 #
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 #
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
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 ha
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 #
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
Amendment 151 #
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 fundamental rights, corruption and other practices threatening the proper functioning of the internal market are made known to the public;
Amendment 152 #
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 unlawful practices threatening the proper functioning of the
Amendment 153 #
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 #
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 #
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 #
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 #
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
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
Amendment 16 #
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 #
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; stresses therefore that SLAPPs constitute an severe hampering of the effective access to justice;
Amendment 161 #
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 #
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
Amendment 163 #
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 unfounded claims that are later on dismissed as abusive and lacking in legal merit;
Amendment 164 #
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 #
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 #
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 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 #
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 #
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 172 #
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
Amendment 175 #
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.
Amendment 177 #
Motion for a resolution Paragraph 5 5. Highlights that in recent years online hate speech has become increasingly widespread against journalists,
Amendment 178 #
Motion for a resolution Paragraph 5 5. Highlights that in recent years
Amendment 179 #
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 #
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
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
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 #
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
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 #
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
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 discourag
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
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
Amendment 196 #
Motion for a resolution Paragraph 6 6. Stresses that SLAPPs are
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
Amendment 198 #
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, professionally discredit, 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 lead to self- censorship, suppressing participation in democratic life, and also discourages others from
Amendment 199 #
Motion for a resolution Paragraph 6 6. Stresses that SLAPPs are often without merit
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 #
Motion for a resolution Citation 36 b (new) Amendment 200 #
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 those targeted, such as journalists, academics, civil society and NGOs, with the ultimate objective of blackmailing and forcing them into silence through the judicial procedure itself; points out that this chilling effect can lead to self- censorship, suppressing participation in democratic life, and also discourages others from similar actions, from entering into these professions or from proceeding with relevant associated activities;
Amendment 201 #
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, media organisations, academics, civil society and NGOs, with the ultimate objective of blackmailing and forcing them into silence through the judicial procedure itself; points out that this chilling effect can lead to self- censorship, suppressing participation in democratic life, and also discourages others from similar actions, from entering into these professions or from proceeding with
Amendment 202 #
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
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
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
Amendment 209 #
Motion for a resolution Paragraph 7 7. Points out that not all litigant
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 #
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 #
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 #
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
Amendment 217 #
Motion for a resolution Paragraph 9 9. Stresses
Amendment 218 #
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 #
Motion for a resolution Paragraph 9 9. Stresses, with regard to this problem, that all Member States lack
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.
Amendment 221 #
Motion for a resolution Paragraph 9 9. Stresses, with regard to this problem, that all Member States lack harmonised minimum standards to
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
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
Amendment 225 #
Motion for a resolution Paragraph 9 9. Stresses, with regard to this
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,
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) 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 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
Amendment 234 #
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; notes that a harmonised approach is needed in the process of proposing legislative and non-legislative measures within the Union; 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 235 #
Motion for a resolution Paragraph 10 10.
Amendment 236 #
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;
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
Amendment 238 #
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 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.
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;
Amendment 243 #
Motion for a resolution Paragraph 11 11.
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
Amendment 245 #
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
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
Amendment 247 #
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
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
Amendment 249 #
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;
Amendment 25 #
Motion for a resolution Recital A A. whereas independent and quality journalism, a
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
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
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
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;
Amendment 254 #
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
Amendment 255 #
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 #
Motion for a resolution Paragraph 12 12. Affirms that legislative measures at Union level could be based primarily on Article
Amendment 258 #
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
Amendment 259 #
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
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 #
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
Amendment 261 #
Motion for a resolution Paragraph 12 12. Affirms that legislative measures at
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
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
Amendment 264 #
Motion for a resolution Paragraph 12 12. Affirms that
Amendment 265 #
Motion for a resolution Paragraph 13 13. Considers that it is essential to adopt a legislative measure protecting the role of
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
Amendment 267 #
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
Amendment 268 #
Motion for a resolution Paragraph 13 13. Considers that it is essential to adopt
Amendment 269 #
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
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
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,
Amendment 276 #
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 #
Motion for a resolution Paragraph 13 13. Considers that it is essential to adopt a legislative
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
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) 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 #
Motion for a resolution Subheading 10 Amendment 288 #
Motion for a resolution Paragraph 14 14. Urges the Commission to present a proposal for a
Amendment 289 #
Motion for a resolution Paragraph 14 14. Urges the Commission to
Amendment 29 #
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
Amendment 291 #
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 #
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
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 #
Motion for a resolution Paragraph 15 15. Urges the Commission to
Amendment 298 #
Motion for a resolution Paragraph 15 15. Urges the Commission to present a proposal
Amendment 299 #
Motion for a resolution Paragraph 15 15. Urges the Commission to
Amendment 3 #
Motion for a resolution Citation 3 — having regard to the Charter of Fundamental Rights of the European
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
Amendment 301 #
Motion for a resolution Paragraph 15 15. Urges the Commission to present a proposal for measures
Amendment 302 #
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
Amendment 303 #
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
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 #
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 #
Motion for a resolution Subheading 12 Amendment 307 #
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;
Amendment 308 #
Motion for a resolution Paragraph 16 16. Declares that the
Amendment 309 #
Motion for a resolution Paragraph 16 16.
Amendment 31 #
Motion for a resolution Recital A A. whereas independent
Amendment 310 #
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
Amendment 312 #
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
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 #
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.
Amendment 318 #
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 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 32 #
Motion for a resolution Recital A A. whereas independent journalism
Amendment 320 #
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 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
Amendment 322 #
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;
Amendment 323 #
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 #
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 #
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 #
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 #
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.
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 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
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
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 #
Motion for a resolution Paragraph 21 21. Recalls the importance of
Amendment 337 #
Motion for a resolution Paragraph 22 22. Stresses that Union level measures to combat SLAPPs should be complementary and consistent with
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
Amendment 340 #
Motion for a resolution Paragraph 23 Amendment 35 #
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) Amendment 37 #
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 #
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 #
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) 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 Amendment 51 #
Motion for a resolution Recital B B. whereas Strategic Lawsuits Against Public Participation (SLAPPs) are lawsuits or other legal actions
Amendment 52 #
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
Amendment 54 #
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
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 #
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
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
Amendment 59 #
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;
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,
Amendment 61 #
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 #
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 #
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
Amendment 71 #
Motion for a resolution Recital C C. whereas SLAPPs have become an increasingly widespread practice used against
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
Amendment 73 #
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;
Amendment 74 #
Motion for a resolution Recital C C. whereas SLAPPs have become an increasingly widespread practice used against
Amendment 75 #
Motion for a resolution Recital C C. whereas SLAPPs have become an increasingly widespread practice used against journalists,
Amendment 76 #
Motion for a resolution Recital C C. whereas SLAPPs have become an increasingly widespread practice used
Amendment 77 #
Motion for a resolution Recital C C. whereas SLAPPs have become an increasingly widespread practice used against journalists
Amendment 78 #
Motion for a resolution Recital C C. whereas SLAPPs have become an increasingly widespread practice used against journalists, academics, civil society a
Amendment 79 #
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
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
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,
Amendment 84 #
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
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 #
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 #
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 #
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) 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 #
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
Amendment 98 #
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 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
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
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 #
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
Amendment 350 #
Motion for a resolution Annex – point 1 – part II – indent 3 the creation of a specific Union fund to provide
Amendment 351 #
Motion for a resolution Annex – point 1 – part II – indent 3 the creation of a specific Union fund to provide
Amendment 352 #
Motion for a resolution Annex – point 1 – part II – indent 3 the creation of a specific Union fund to provide
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
Amendment 355 #
Motion for a resolution Annex – point 1 – part II – indent 3 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 #
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 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 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 361 #
Motion for a resolution Annex – point 1 – part II – indent 5 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 362 #
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
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
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
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 #
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
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
Amendment 371 #
Motion for a resolution Annex – point 2 – part I – point (a) (a) possible breaches of Union law;
Amendment 372 #
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)
Amendment 381 #
Motion for a resolution Annex – point 2 – part II – point b (b) the prohibition of retaliation
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 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) 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 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.
Amendment 395 #
Motion for a resolution Annex – point 3 – part I A legislative proposal for a civil procedure measure applicable in cross-border cases should
Amendment 396 #
Motion for a resolution Annex – point 3 – part I – introductory part A proposal for
Amendment 397 #
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
Amendment 399 #
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
Amendment 400 #
(a) the obligation for the claimant in cases concerning public participation to specify and provide means of
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 #
(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) (ba) the right for defendants to request an early dismissal of abusive lawsuits in a reasonable period of time and under reasonable conditions, including with regards to the standard of proof required;
Amendment 404 #
Motion for a resolution Annex – point 3 – part I – point c (c) the obligation for courts t
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 #
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 411 #
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
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
Amendment 415 #
Motion for a resolution Annex – point 3 – part II – point b (b) that the applicable law is the law of the place
Amendment 416 #
Motion for a resolution Annex – point 3 – part II – point b (b) that the applicable law is the law of the place
Amendment 417 #
Motion for a resolution Annex – point 3 – part II – point b (b) determine that the applicable law i
Amendment 418 #
Motion for a resolution Annex – point 3 – part II – point b (b) that the applicable law is the law of the place
Amendment 419 #
Motion for a resolution Annex – point 3 – part II – point b (b) that the applicable law is the law of the place
Amendment 420 #
Motion for a resolution Annex – point 4 – introductory part A
Amendment 421 #
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 422 #
Motion for a resolution Annex – point 4 – point b (b) specify that prosecution cannot be used to silence
Amendment 423 #
Motion for a resolution Annex – point 4 – point b (b) specify that prosecution cannot be used to silence
Amendment 424 #
Motion for a resolution Annex – point 4 – point b (b) specify that prosecution cannot be used to silence
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
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 #
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;
source: 695.300
|
History
(these mark the time of scraping, not the official date of the change)
2021-09-18Show (1) Changes | Timetravel
| forecasts/0/date |
Old
2021-10-18T00:00:00New
2021-11-10T00:00:00 |
2021-09-10Show (1) Changes | Timetravel
| docs/1/docs/0/url |
https://www.europarl.europa.eu/doceo/document/CULT-AD-692841_EN.html
|
2021-09-09Show (1) Changes | Timetravel
| docs/1/date |
Old
2021-09-02T00:00:00New
2021-09-07T00:00:00 |
2021-09-05Show (1) Changes | Timetravel
| docs/1 |
|
2021-06-23Show (1) Changes | Timetravel
| forecasts |
|
2021-06-14Show (2) Changes
| committees/0 |
|
| docs |
|