The bill provides for amendments to the Law on Freedom of Expression and introduces the concepts of “public mobilization” and “strategic lawsuits against public participation” (SLAPP) into national legislation.
In international practice, the term SLAPP (Strategic Lawsuits Against Public Participation) refers to strategic lawsuits filed not so much to protect a violated right as to exert financial and psychological pressure on journalists, activists, or civil society organizations.
New Safeguards
The document proposes establishing a list of criteria that will allow the court to determine whether a legal proceeding is abusive in nature.
The document provides for three main procedural safeguards for individuals who are the targets of such lawsuits. The court will be able to require the plaintiff to post a bond to cover anticipated court costs, dismiss manifestly unfounded claims through an expedited procedure, and impose sanctions, including fines, if it is determined that the legal proceedings were abusive in nature.
Another proposed change is the elimination of administrative liability for defamation, in accordance with the recommendations of the Council of Europe.
In addition, individuals who are the targets of SLAPP lawsuits will be eligible for state-guaranteed legal aid and will be exempt from paying court fees when filing a claim for damages.
A statement from the Ministry of Justice notes that the bill fully aligns national legislation with the European Union directive on combating strategic lawsuits against public participation (SLAPP). The ministry believes that the new provisions will help strengthen guarantees of freedom of expression and freedom of the press, as well as reduce the number of frivolous lawsuits.
