The Ministry of Justice has finalized the anti-SLAPP bill, which protects journalists and human rights defenders
The Ministry of Justice announced on Tuesday, January 13 that it has finalized the draft law to transpose the Directive on combating strategic legal actions against public mobilization (SLAPP).
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According to the European Council's website, the people targeted by so-called strategic legal actions against public mobilization (“SLAPP”) are generally journalists and human rights defenders.
“The draft Law on the protection against patently unfounded claims or abusive legal proceedings directed against persons involved in public mobilization actions has been finalized and will be submitted for intra-governmental approval in the next few days”, transmits the Ministry of Justice in a press release.
The Ministry of Justice states that the draft law transposes into national legislation the European Anti-SLAPP Directive, intended to protect journalists, activists and human rights defenders from abusive or manifestly unfounded trials, establishes minimum standards for civil cases with cross-border implications and extends these guarantees to domestic cases in Romania as well, in accordance with the recommendations of the European Commission.
“The regulation aims to protect fundamental rights, such as the right to freedom of expression and information, the right to freedom of association and peaceful assembly, offering protection to natural and legal persons involved in public mobilization actions on matters of public interest (such as investigative journalists, media organizations or human rights defenders) against legal proceedings initiated against them to discourage them from participating in such actions”the ministry adds.
Also, the institution states, the project aims to eliminate obstacles to the smooth conduct of civil processes, in order to ensure real and effective access to justice, as well as a fair balance between the procedural rights of the parties.
For this purpose, procedural guarantees are provided against manifestly unfounded claims or abusive legal proceedings, including:
– requesting a bond to cover the estimated court costs and ensuring the payment of compensation for the repair of the potential damage caused by the filing of the summons;
– the rapid rejection of manifestly unfounded requests;
– granting compensation for the damage suffered;
– the application of sanctions.
“Combating SLAPP practices will have a positive social impact, by discouraging the use of procedural tools in order to multiply, prolong and increase the costs of civil litigation directed against natural and legal persons who engage in debates on topics of public interest, having the effect of relieving the courts and reducing legal expenses.”
