Brussels – Officially, respect for fundamental rights is on the rise in the EU, and the situation is improving. This is the message of the 2026 edition of the European Commission’s rule of law report, which highlights “a generally positive trend”, resulting from “continued progress in many Member States, with significant reforms completed or underway across all areas monitored.” But when one looks at the chapter on press freedom, something does not add up: according to the European Commission, “Many Member States are taking concrete steps to address the phenomenon of Strategic Lawsuits Against Public Participation (the so-called SLAPPs), and the Commission continues working with them to support the transposition and implementation of the anti-SLAPP Directive.” And yet, just two days ago, Brussels launched infringement proceedings against half of the EU’s member states, including Italy, for failing to transpose the anti-SLAPP directive.
There are therefore two different narratives and two different realities: the first points to a situation that is not right and which, for this reason, requires procedures to be initiated; the second contradicts and refutes the first, claiming that progress is being made in the fight against vexatious lawsuits and gagging laws. The crux of the matter seems to be a fragmented picture of the European Union, because when it comes to defending the rule of law, “the picture is uneven across Member States and policy areas and some challenges persist,” as the European Commission acknowledges, and the implementation of the SLAPP Directive is a case in point.
https://www.eunews.it/2023/07/11/eurocamera-negoziati-querele-temerarie/
The EU Commission produced a contradictory and confusing communication. The very same rule of law report that calls for the introduction of measures under the SLAPP Directive also states that “the Commission will continue to support a stronger enabling
environment and safety for journalists and for quality newsreporting, including by updating its
Recommendation on the safety of journalists.” This emphasis confirms that there is a deterioration in press freedom and in the journalistic practice; otherwise, there would be no need to advocate for better conditions.
The Executive Vice-President responsible for Technological Sovereignty and Democracy, Henna Virkkunen, justifies this by highlighting the importance of the press to the principles and foundations of the EU and its Member States: “Media freedom and pluralism are central to the rule of law… and their erosion often signals broader democratic backsliding,” she said. This means that journalism remains one of the key indicators. Moreover, “free and independent media are not a luxury of democracy – they are one of its foundations,” the Commissioner for Justice and the Rule of Law, Michael McGrath, points out. He goes on to add: “We encourage countries to implement the anti-SLAPP directive.” It is the EU that is contradicting itself, stating that many Member States are taking measures, only to then say – in the Commissioner’s own words – that “the safety of journalists is an important issue and we expect all Member States to take all necessary measures to ensure that journalists can work safely and in a secure environment.”
English version by the Translation Service of Withub
