Press freedom, EU Parliament backed anti-gag rules against judicial intimidation

Brussels – The European Parliament says “no more” to easy lawsuits against journalists. The plenary session held in Strasbourg gave final approval to the proposed “anti-gag” directive, by overwhelming majority, with 546 votes in favour, 47 against and 31 abstention. Submitted by the European Commission in 2022, the new directive aims to guarantee press freedom in whole territory of the European Union. All Member states have now two years to align to the new rules and avoid intimidating and harassing practices against information workers and professionals.

The main goal of the new rules is to protect journalists and activists from harassing lawsuits aimed at silencing them. The latter practice is on the rise and has seen Italy come under the spotlight of the Council of Europe, a non-EU body of which the country is a member, which has accused the current Meloni government of resorting to reckless lawsuits and easy libel suits precisely to restrict a freedom deemed fundamental in democracy. European parliamentarians from the majority parties (FdI, Lega, FI) all supported the text in the parliament.

The new directive aims to ensure that individuals and organizations working on issues of public interest, such as fundamental rights, allegations of corruption, protecting democracy or combating disinformation, enjoy EU protection against strategic lawsuits aimed at blocking public participation. EU protection will apply to all cross-border lawsuits.

Two guarantees have been introduced for journalists subject to legal proceedings: early dismissal if the case is unfounded and the possibility of charging the plaintiff with estimated court costs, including legal representation of the defendant, as well as damages. In addition, if the reporter seeks early dismissal, it will be up to the complainant to show that there are grounds for pursuing the case. The court may also impose other sanctions on complainants, often politicians, companies or pressure groups, such as ordering them to pay damages.

It then stipulates that the phenomenon known as forum shopping (the ability to choose the jurisdiction where to file a lawsuit or defamation on the basis of having a better chance of winning in court) cannot be used. The new rules stipulate that decisions of a third country in unfounded or abusive proceedings against persons or institutions of the EU cannot be recognized.

Each member state also will not have to hinder transparency or assistance in any way. EU countries’ governments will have to ensure that potential victims of abusive lawsuits can access information on procedural safeguards and remedies, including free legal aid and financial and psychological support.

Most prominent among those opposed to the measures is Francesca Donato, who was elected to the Lega’s lists, then left the party and political group in disagreement over policies on mandatory green-pass during the COVID-19 pandemic. Now in the non-affiliated group, Donato is the only Italian to oppose the EU’s anti-gag rules.