Negotiations are due to start shortly between the European Parliament, the Council and the Commission on the European Anti-SLAPP Directive, dubbed “Daphne’s Law”. The Council of the European Union is proposing to water down or remove important safeguards, resulting in a proposed directive that would fail to offer any meaningful protection to journalists and activists.
In the Council of the European Union’s revised proposal, abusive court proceedings can only be dismissed early when “a claim is so obviously unfounded that there is no scope for any reasonable doubt”. This extremely high threshold defeats the purpose of “Daphne’s Law”. It would not have protected Daphne herself, and begs the question as to which cases would even be covered.
See the full op-ed by Emma Bergmans, Policy Advisor, Free Press Unlimited, and Corinne Vella, Head of Communications, Daphne Caruana Galizia Foundation published by Euronews on 31 July 2023.