The EU directive combatting the use of strategic lawsuits against public participation (SLAPPs) offers crucial protection for human rights defenders amid growing global threats to civic freedoms and public participation.
Global Human Rights Under Pressure
Amnesty International’s 2024/25 State of the World’s Human Rights report, documenting human rights concerns in 155 countries, reveals alarming trends of repression against human rights defenders worldwide. The report highlights how those campaigning for marginalized communities are increasingly targeted as part of wider repression of dissent, while states and armed groups continue breaking international humanitarian law.
The rise of armed conflicts has contributed to unlawful attacks, while freedoms of expression, association and assembly have been restricted in numerous cases to suppress dissent, including through arbitrary arrests and detention of protesters, human rights defenders and political opponents. This deteriorating global context makes the EU’s Anti-SLAPP Directive (2024/1069) particularly timely and significant.
Understanding the EU Anti-SLAPP Directive
The EU Directive 2024/1069, adopted on April 11, 2024, specifically addresses “Strategic Lawsuits Against Public Participation” (SLAPPs) – abusive legal proceedings designed not to seek justice but to silence critics through intimidation, financial pressure, and procedural harassment.
The directive defines “public participation” as statements or activities exercising fundamental freedoms concerning matters of public interest. It establishes key safeguards including:
- Early dismissal mechanism for manifestly unfounded claims
- Security for costs to protect defendants from financial pressure
- Full award of legal costs to defendants in abusive proceedings
- Penalties against SLAPP initiators that are effective and proportionate
These protections extend to journalists, NGOs, academics, whistleblowers, and anyone engaging in good-faith public participation on matters of public interest.
Practical Impact for Rights Defenders
The directive represents a significant step forward in protecting those who speak truth to power. Key benefits include:
- Cross-border protection: Particularly valuable against forum shopping tactics where claimants choose favorable jurisdictions
- Protection against third-country judgments: Member states must refuse recognition of abusive foreign judgments against EU-based defenders
- Support mechanisms: Requirements for information centers and legal aid for those targeted
- Accelerated procedures: Fast-track mechanisms to quickly dismiss abusive claims
The importance of such protections is illustrated by cases like where human rights defenders investigating mass killings faced surveillance and potential criminal charges through arbitrary use of the justice system outside the EU can seek for protection within the EU. The EU directive provides a model for addressing similar tactics used to intimidate and silence defenders worldwide.
How Ksapa Can Support Implementation
As sustainability consultants focused on human rights, Ksapa is uniquely positioned to help organizations leverage this directive’s protections:
- Awareness raising: Educating clients and partners about the directive’s protections and their implementation across member states
- Risk assessment: Helping identify potential SLAPP vulnerabilities in human rights defense work
- Procedural guidance: Providing practical support for organizations or individuals targeted by abusive litigation
- Cross-sector collaboration: Facilitating partnerships between legal experts, civil society, and businesses to strengthen protections and find solutions
By actively integrating anti-SLAPP protections into human rights due diligence processes, Ksapa can help ensure this important but overlooked directive achieves its full potential in safeguarding public participation and protecting those who defend human rights across Europe and beyond.
The deadline for EU member states to implement the directive is May 7, 2026, making this an ideal time for organizations to prepare and contribute to strong national implementation.supply chain.
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Author of several books and resources on business, sustainability and responsibility. Working with top decision makers pursuing transformational changes for their organizations, leaders and industries. Working with executives improving resilience and competitiveness of their company and products given their climate and human right business agendas. Connect with Farid Baddache on Twitter at @Fbaddache.
