Democratic societies require the free flow of information as the cornerstone of public accountability and informed citizenship. Yet across Europe, a silent epidemic threatens this fundamental value—Strategic Lawsuits Against Public Participation (SLAPPs).

Liberties’ Media Freedom Report 2025 documents the chilling effect these suits have on free speech, public discourse and journalistic independence across Europe. This edition is the fourth annual report on media freedom in the European Union (EU) produced by the Civil Liberties Union for Europe (Liberties). It is based on data and input from 43 member and partner organisations from 21 EU Member States. As in previous editions, this Report covers four primary areas: media freedom and pluralism, safety and protection of journalists, freedom of expression and access to information, and European legislation related to media freedom and pluralism.

The unabating wave of SLAPPs across Europe signals an urgent crisis not just for media professionals but for the health of our shared democratic values. Typically based on claims of defamation, these suits are less concerned with the reparation of a claimant’s reputation and more with preventing lawful investigation and discussions about matters of public interest. Public interest group, CASE, defines a SLAPP as ‘an abusive lawsuit filed by a private party with the purpose of silencing critical speech.’

These legal manoeuvres represent more than mere courtroom tactics; they constitute a direct assault on our collective right to truth and transparency. When powerful interests weaponise the judicial system to silence journalists and public watchdogs, they don't just target individual reporters—they undermine the very foundation of pluralistic discourse that sustains democratic governance. These abusive lawsuits create invisible barriers to information and force self-censorship among those who would otherwise speak truth to power. Ultimately, this deprives citizens of their right to be fully informed and curtails their social participation.

Power Players: How Political Figures Weaponise the Courts

Often pursued by wealthy and powerful litigants, SLAPPS are an abuse of the legal system and a threat to democracy. Not based on a genuine claim of defamation, they’re intended to intimidate and silence public watchdogs through time-consuming and costly litigation.

Take the suit brought by Prime Minister Robert Fico of Slovakia against Peter Bárdy, editor-in-chief of news outlet Aktuality.sk and publisher Ringier Slovak Media, which produced the book Fico-Obsessed with Power. The Prime Minister’s suit alleges that he is dissatisfied with the picture they chose for the book’s cover, and seeks €100,000 in damages from each defendant. As the European Centre for Press and Media Freedom noted, the case “has all the hallmarks of a SLAPP” and should be promptly dismissed by the courts.

The use of SLAPPs as a silencing mechanism has been adopted by those seeking to catalyse Europe’s democratic backsliding. Amongst other countries, our Media Freedoms Report documented this trend in Germany; when the investigative platform Correctiv published an article about a meeting of far-right extremists in Potsdam, some of the people present responded to the media’s coverage of the event with abusive lawsuits. Ulrich Vosgerau, participant and lawyer, initiated over 40 proceedings, while also launching a fundraising campaign to cover his legal costs. Germany currently has no significant protection of journalists against SLAPPs, making these suits even harder to defend.

EU Safeguards: Progress Made, But Gaps Remain

CASE has been cataloguing SLAPPs trends in Europe since 2010 with alarming results; the number of SLAPP cases across Europe has been increasing year on year. Yet, a staggering number of EU states lack clear domestic legislation defining or prohibiting SLAPP suits. In May 2024, new EU rules combating SLAPPs, the Anti-SLAPP Directive, came into force. These procedural safeguards aim to prevent cross-border SLAPPs by allowing a person targeted by a SLAPP to request that their case be dismissed early on the grounds that it is manifestly unfounded. Additionally, claimants who have brought abusive court proceedings against public participation can be ordered to bear the cost of the proceedings and may also face penalties and other measures.

The obvious limitation here is that the Directive is limited to civil proceedings with a cross-border dimension. According to CASE, only 9.5% of SLAPPs filed between 2020 and 2022 had a cross-border dimension. The preamble to the Directive states that this should serve as a minimum standard and wider implementation is encouraged, however, early signs show little willingness on the part of Member States to go beyond the law’s basic requirements. For instance, perhaps surprisingly, Belgian law does not provide a mechanism to dismiss unmeritorious or SLAPP cases in early procedural stages.

Poland's Turnaround: A Blueprint for Anti-SLAPP Reform?

However, there is some positive news in this area. Formerly a hotbed for SLAPP suits, Poland is now one of its strongest regulators. This evolution has been attributed to a number of factors, including a coalition of NGOs raising awareness on the effects of SLAPPS and issuing clear policy papers outlining key directions for necessary legal changes, and a government in favour of such changes (the Polish Minister of Justice served on Liberties' Board in 2023). According to the Minister of Justice, the outcomes are expected in the spring, coinciding with Poland’s EU Presidency. Hopefully, such a legislative shift may prove influential across Europe, however, civil society must stay vigilant and loudly oppose any and all SLAPP suits brought across Europe.

Reads & Resources

• Download the full Liberties Media Freedom Report 2025
• Press Release: EU Media Freedom In Deepening Crisis Amid Rising Authoritarianism
• Previous annual media freedom reports: 2022, 2023, 2024.

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