Investigative journalists, activists and whistleblowers often face abusive and restrictive legal charges for working in the public interest. Such legal charges are called strategic lawsuits against public participation, or SLAPPs. This is a tool with which people in power use to restrict the voices of journalists.

The Coalition Against SLAPPs in Europe (CASE) defines SLAPPs as “abusive lawsuits filed to shut down acts of public participation, including public interest journalism.” CASE has studied over 800 such cases charged in Europe since 2010. They have noted a significant increase in the number of cases since 2020, with 146 cases in 2020, 135 in 2021 and 161 in 2022.

*Source – Coalition Against SLAPPs in Europe*

The Fix spoke with Flutura Kusari, the Senior Legal Advisor at the European Centre for Press and Media Freedom (ECPMF), about the problem of SLAPPs and the support journalists who are facing them can get.

Legal charges against journalists

Kusari says that legal charges against journalists are of multiple types. There are “arrests, detentions, imprisonment, defamation, copyright claims, privacy breaches and more.” And then there are SLAPPs, “where journalists are being harassed and intimidated by legal actions.”

“Most of such lawsuits are based on national defamation laws. However, in some specific countries like Turkey, Belarus and Russia, imprisonment of journalists is the most severe legal action. And the target of SLAPPS are journalists, media, outlet editors, activists and NGOs.”

Kusari explains that the perpetrators who use SLAPPs against journalists “are usually businessmen and politicians.” For example, the “fake news” law in Russia conveniently gives the Russian government the power to silence journalists reporting on war against Ukraine.

But the use of laws to restrict journalism isn’t restricted to authoritarian regimes like Russia. Kusari adds that it is seen in countries from the United Kingdom to France, Croatia, Greece, Georgia, Serbia, Albania, and more.

“When they file a lawsuit, it would be either against the media outlet and journalist or sometimes only against the journalist. A lawsuit against the journalist alone is done with the purpose to intimidate and isolate [them]. They try to create an impression that there is something wrong with a journalist.”

SLAPPs are effective in shutting down voices of protest, especially in cash-strapped media outlets. It is easier for the publishers to drop that issue from reporting rather than invest their time and money in fighting the legal charge.

ECPMF’s Legal Support Program

To tackle this growing concern, the ECPMF launched its Legal Support Program in 2016. Their aim is to provide journalists, whistleblowers and media houses with legal and financial support against SLAPPs and other abusive laws.

Kusari says that their legal support has helped over 100 cases and benefitted around 200 individuals. “This includes editors, journalists and sometimes even the media outlet as a legal entity.”

This program helps journalists acquire financial support and legal advice. The ECPMF has provided around half a million euros as legal support for journalists. With this cash, the journalist can pay the lawyer’s fee.

Kusari explains that “if you are sued as a journalist, you need to get in touch with us. We will send you a template, which is fairly easy to fill in. We will request information related to who sued you, the reason behind it, the charges against you, the amount of financial aid you require and other details.”

Alternatively, you can also visit the ECPMF’s website and look into their Legal Support page. There you can find a form where you can describe your situation and ask for different types of aid.

The amount of financial aid provided is based on the jurisdiction and the complexity of the case. For some countries, the ECPMF provides €500 per case, for others the amount is higher. Kusari illustrates the point by explaining the case of Gazeta Wyborcza. “We gave Gazeta €20,000 because they are facing a lot of SLAPP cases.”

Their legal aid has helped journalists from many countries including Daphne Caruana Galizia’s family to seek justice for Daphne in Malta and Jonathan Taylor. Kusari says, “we are supporting a lot of cases in Greece as it has become a hotspot for journalists and reporters facing legal actions.”

Any journalist facing legal actions in Europe can apply for aid. “We give priority to EU member states and candidate countries because most of the funding comes from the European Union,” Kusari says, but the organisation also looks for help for reporters from outside the EU.

“When sued, the journalist goes through a lot of stress. Sometimes they don’t even get the support from their media outlets. I get great satisfaction telling them that we have resources. We have your back.”

Flutura Kusari can be reached via flutura.kusari@ecpmf.eu

Source of the cover photo: https://unsplash.com

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