Hitting back against SLAPPs

Hitting back against SLAPPs | INFBusiness.com

Dear readers,

Welcome to EU Politics Decoded, where Benjamin Fox and Eleonora Vasques will bring you a round-up of the latest political news in Europe and beyond every Thursday. In this edition, we look at the European Parliament’s hopes of passing new laws to combat abusive lawsuits.

Editor’s Take: Strategic lawsuits against public participation (SLAPPs) allow the rich and powerful to avoid being held accountable like the rest of us. They are used to stop journalists and civil society from investigating and publishing, draining their finances, time and resources in the process. Aside from serving as a block to journalists, they serve no public interest. 

The European Parliament backed EU legislation to protect journalists and rights watchdogs from such abusive litigation – with a hefty 498 to 33 vote majority – on Wednesday (12 July). T. hat kicks off the trilogue process of negotiations between MEPs and ministers with a tight window. Realistically, agreement on the file will need to be reached by next January or February at the latest if it is to become law before the end of the current mandate. 

The question is whether ministers are prepared to agree to a law with some teeth. Right now, it looks unlikely. Given that a handful of European governments benefit from or actively encourage SLAPPs that is, unfortunately, not a surprise.

Some of the most egregious SLAPP cases are in Malta, where lopsided libel and defamation law has been abused by politicians and the wealthy for decades. Daphne Caruana Galizia, the investigative journalist murdered by a car bomb in 2017, faced multiple SLAPP cases tabled by members of the political establishment and business elites– several of whom were involved in orchestrating her murder – at the time of her death. The liability for many of those cases – disgracefully – has been passed on to her grieving children.

In Greece, meanwhile, media outlets and journalists investigating government surveillance have been sued by a close adviser to Prime Minister Kyriakos Mitsotakis, who is seeking damages in the order of €150,000 and €250,000. Governments in Hungary and Poland have also allowed SLAPP lawsuits to become increasingly common, in a bid to shut down media outlets critical of the government. 

In its draft law, the European Commission has introduced the notion of “cross-border implications,” which has been accepted by MEPs but not by the Council of Ministers. It would mean that a SLAPP with implications in more than one country would fall within the directive’s scope, effectively establishing a harmonised set of minimum standards. 

Provisions for the early dismissal of “obviously illegal” lawsuits; and the possibility for a defendant to claim damages are other key parts of the draft directive. 

The question is whether ministers are prepared to agree to a law with some teeth. Right now, it looks unlikely. Given that a handful of European governments benefit from or actively encourage,  can we really expect ministers from these countries to endorse a law that would make their lives harder? Hope springs eternal.

Politics in The Spotlight

EURACTIV was on the scene when the Libyan coastguard fired multiple times while the NGO SOS Mediterranee rescuers were saving 11 people in international waters. Here is the video of the rescue where the shooting from the Libyan vessel, which the EU recently donated to them, can be heard.

Capitals-in-brief

Ocean Viking detained in Italy after shooting episode with Libyans. The Italian authorities detained the NGO SOS Mediterranee boat Ocean Viking after a Port State Control, an inspection usually conducted on merchant and petro vessels, in the port of Civitavecchia, close to Rome. The timing of the detention is not confirmed yet, but the announcement came after the disembarkation on 11 July of 57 survivors. On Friday, the Libyan coastguard did a series of dangerous manoeuvres and fired multiple times in international waters (77 nautical miles from Khoms) during a rescue operation conducted by the Ocean Viking.

Dutch to invest €100 million into innovative chipmaking technology. The Eindhoven-based chip plant Smart Photonics, specialising in producing photonic chips, will get a €100 million investment from a consortium of the Dutch government, banks and several semiconductor-producing companies, the group announced on Wednesday.

Indian PMs France visit criticised over human rights issues. French President Emmanuel Macron’s official reception of Indian Prime Minister Narendra Modi, accused of powering the country’s authoritarian drift, has caused quite a stir among human rights activists despite the Élysée Palace’s talk of an inevitable partner. 

Close to half of Ukrainian refugees in Germany hope to stay. Of the more than 1 million Ukrainian refugees who came to Germany to escape the war, 44% would like to stay in the country, according to a survey published on Wednesday (12 July).

Romanian labour minister resigns in wake of care centres scandal. Marius Budăi, the Romanian Minister of Labor and Social Protection, stepped down on Thursday (13 July) in the first high-level resignation following a scandal with nursing homes near Bucharest that shocked the country.

Inside the institutions

EU to push for fossil fuel phaseout ‘well ahead of 2050’ at COP28. The European Union will push for a global pledge at COP28 to phase out unabated fossil fuels “well ahead of 2050”, EU climate chief Frans Timmermans announced. EURACTIV’s media partner, Climate Home News, reports.

EU countries set to turn new telecom law a directive in all but name. Discussions among member states on the EU’s new telecom law point to providing countries with extensive flexibility, thus turning the regulation into a text reading more like a directive, but the main point of contention remains the ‘tacit approval’ principle.

EU Council reviews proposed 2024 budget downwards. On Wednesday (12 July), ambassadors of EU member states reached a common position on the proposed EU budget for 2024, suggesting downward adjustments in several areas while increasing spending for humanitarian aid. 

EU House stresses ‘side-effects’ of Romania, Bulgaria Schengen blockade. A non-binding European Parliament resolution adopted on Wednesday calls for Bulgaria and Romania to join the border-free Schengen area by the end of the year, stressing severe side-effects for the two countries’ citizens.

MEPs slam ‘unsatisfactory’ ethics body plan in latest Qatargate row. MEPs dismissed the European Commission’s plans for a new EU Ethics Body as ‘unsatisfactory’ and ‘toothless’  in the latest row over transparency reforms following the Qatargate scandal.

What we are reading

Eva Baluganti tells about the human cost of AI in EU-Africa’s migration surveillance for the EU Observer.

The EU is late to rediscover Latin America, writes the Financial Times Editorial Board.

After two years of real progress on climate, a European ‘greenlash’ is brewing, writes Nathalie Tocci in The Guardian.

The next week in politics

The Summer break is approaching, institutions will give a last sprint before slowing down activities. 

At the Council, EU-CELAC (Community of Latin American and Caribbean states) summit as well as informal meeting of agriculture and fisheries ministers on Monday and Tuesday (17-18 July). EU-Bosnia and Herzegovina Stabilisation and Association Council on Wednesday (19 July) and Foreign Affairs Council on Thursday (20 July). Finally, an informal meeting of justice and home affairs ministers will take place on Thursday and Friday (20-21 July)

European Parliament committee meetings next week.
Thanks for reading. If you’d like to contact us for leaks, tips or comments, drop us a line at [email protected] / [email protected] or contact us on Twitter: @EleonorasVasques & @benfox83

[Edited by Alice Taylor]

Read more with EURACTIV

Hitting back against SLAPPs | INFBusiness.com

Romanian labour minister resigns in wake of care centres scandalMarius Budăi, the Romanian Minister of Labor and Social Protection, stepped down on Thursday (13 July) in the first high-level resignation following a scandal with nursing homes near Bucharest that shocked the country.

Source: euractiv.com

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