Protecting journalists and human rights organisations from strategic lawsuits against public participation
Participants in the public debate such as journalists, human rights organisations and researchers must be protected from strategic lawsuits intended to block their participation in the public debate. European regulations have therefore been drafted to protect against so-called strategic lawsuits against public participation (SLAPPs). State Secretary for Legal Protection Teun Struycken has submitted a legislative proposal to the House of Representatives to bring Dutch regulations in line with this.
State Secretary for Legal Protection Teun Struycken: “The contribution of journalists, human rights organisations and academics, among others, to the public debate is indispensable to a strong rule of law. This contribution must not be hampered by lengthy and costly litigation. Participants in the public debate must be able to defend themselves against that, otherwise there is the serious consequence that people are silenced via the judicial process. This legislation raises awareness of the possibilities of taking action against the silencing of these voices in the public debate.”
Anti-SLAPP directive
The European Anti-SLAPP Directive (2024/1069) requires European Union member states to take measures to better protect people and organisations participating in the public debate against cross-border lawsuits brought with the aim of silencing them. The directive includes procedural safeguards and measures against unfounded claims and unlawful court proceedings in civil cases. Dutch civil (procedural) law already complies with most of the measures in this directive, such as the possibility of dismissing an application as inadmissible as early as possible in the proceedings. The implementing legislative proposal submitted introduces the final amendments required to comply with the directive. The legislative proposal allows the defendant to ask the court to order the plaintiff to furnish security. With that security, the payment of litigation costs and damages can be guaranteed in case the court rules that the proceedings are a SLAPP.
The implementing legislative proposal was in consultation and then submitted to the Council of State for advice. The Council of State stated that it had no comments. Now it is up to the House of Representatives and then the Senate to consider the legislative proposal. The directive must be transposed into national law by 7 May 2026.
Originally published at https://www.government.nl/latest/news/2025/04/15/protecting-journalists-and-human-rights-organisations-from-strategic-lawsuits-against-public-participation
