Back Key Stakeholders Discuss New Legal Measures and Strategies to Combat SLAPPs in Ukraine

Key Stakeholders Discuss New Legal Measures and Strategies to Combat SLAPPs in Ukraine

The round table on the topic of strategic lawsuits against public participation (SLAPPs) convened a diverse group of stakeholders, including lawyers, human rights defenders, journalists, Members of Parliament, representatives from the Prosecutor General Office, and civil society organisations. The event served as a platform for discussing newly adopted legal instruments and other governmental initiatives that may facilitate the implementation of these standards at the national level.

The new standards discussed included:

  • Council of Europe Recommendation CM/Rec(2024)2 on countering the use of strategic lawsuits against public participation (SLAPPs);
  • European Union Anti-SLAPP Rules: Directive (EU) 2024/1069 of the European Parliament and of the Council of 11 April 2024 on protecting persons who engage in public participation from manifestly unfounded claims or abusive court proceedings;
  • PACE Resolution 2531 (2024).

The round table was moderated by Ms Flutura Kusari, the Council of Europe international consultant, who has been pivotal in drafting key recommendations on anti-SLAPP measures. Her work has been essential in establishing standards that protect freedom of expression across Europe and in assisting member states in implementing these recommendations.

“SLAPPs are detrimental as they suppress critical journalism, making it challenging for the public to hold powerful entities accountable. They often entail costly legal battles, discourage journalists from investigating and reporting on crucial public interest issues, and can impose significant emotional and psychological strain on journalists,” underlined Ms Flutura Kusari.

The round table was structured into two sessions: one focused on the new standards, and the other on the role of the media community and civil society in combating SLAPPs. International speakers included representatives from CDMSI, the EU (Directorate-General for Justice and Consumers), the European Commission, and the CASE coalition.

Ukrainian media lawyers shared their experiences with SLAPPs, noting that defamation is frequently used by officials to obstruct journalists' work and initiate lawsuits against them or their newsrooms. Furthermore, the use of summons has emerged as a form of SLAPP in Ukraine.

The findings from this discussion will be analysed by Ms Kusari, who will prepare a comprehensive report based on the collected data. These insights will be instrumental for the second European Anti-SLAPP Conference, scheduled to take place on 14 November 2024 at the Palais.

The event was supported by the Council of Europe Project “Safeguarding Freedom of Expression and Freedom of Media in Ukraine” (SFEM-UA), which is implemented by the Council of Europe  Division for Co-operation on Freedom of Expression in the framework of the Council of Europe Action Plan for Ukraine “Resilience, Recovery and Reconstruction” 2023-2026.


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Kyiv, Ukraine 17 September 2024
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