Council of Europe launches SLAPP Consultation

Jul 11, 2023 | News

The Council of Europe has announced a public consultation on the draft text of the Committee of Ministers Recommendation on Countering Strategic Lawsuits against Public Participation (SLAPPs) which closes on 2 August 2023

According to the announcement: 

“This recommendation will provide non-binding guidance for member states and other key stakeholders on measures to prevent and counter legal claims, proceedings and other actions brought in relation to public participation and expression on matters of public interest that have as their main purpose to prevent, restrict or penalize the exercise of rights associated with public participation.”

The draft recommendations highlight a range of indicators that may be present in SLAPP threats, as well as outlining the impact of cross-border threats, those targeting anonymous individuals and the consolidated harm of multiple and coordinated SLAPP threats. The recommendation includes an acknowledgement of the need for “a comprehensive legal framework and coherent set of structural and procedural safeguards to prevent and minimize the harmful impact of SLAPPs, as well as a full set of remedies and support measures for the harms caused by SLAPPs”. The recommendation goes on to recommend financial and further support measures to be in place for targets of SLAPPs, as well as ways by which details of SLAPPs can be retained for further analysis or study. 

Read the Draft Recommendation here.

The Committee of Experts on Strategic Lawsuits against Public Participation (MSI-SLP), made up of leading experts from across the Council of Europe region, including representatives of the UK Ministry of Justice, as well as leading media freedom experts, has led on drafting the Recommendation by the end of 2023. 

To submit evidence click here