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5 Apr 2024

Coalition Against SLAPPs in Europe (CASE)

Council of Europe's anti-SLAPP Recommendation is a significant milestone, says CASE Coalition

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"CoE’s Recommendation represents a significant milestone in the fight against SLAPPs," 05 April 2024

CASE welcomes the Council of Europe’s Recommendation on SLAPPs, approved by the Committee of Ministers... The Recommendation is comprehensive and, if genuinely implemented, could significantly limit the damage caused by SLAPPs. 

The Recommendation establishes robust and authoritative standards that member states must meet in order to ensure compliance with their human rights obligations. It will prove crucial as European Union member states transpose the new anti-SLAPP directive into national law, and provide a roadmap for non-EU members of the Council of Europe (CoE) to introduce effective anti-SLAPP protections of their own...

EU member states should utilize this Recommendation as well as an important report by the Parliamentary Assembly (PACE) published in January as vital benchmarks when introducing domestic anti-SLAPP laws...It is crucial that the EU Directive be understood as establishing minimum standards for anti-SLAPP protection. The Recommendation helps flesh out these standards and provides the detail needed for anti-SLAPP laws to provide meaningful protection...

Member states should clarify and fortify these provisions to ensure the law is comprehensive, leaving no room for exploitable loopholes or circumvention...