Combating SLAPP lawsuits requires quality implementation of the European Anti-SLAPP Directive and national legislation, but also preventive measures that would stop such lawsuits from reaching courts in the first place, it was said today at the roundtable “Strategic Lawsuits Against Public Participation (SLAPP)” held at the Journalists’ Home in Zagreb, organised by the Croatian Journalists’ Association and Zelena akcija.
The roundtable, moderated by Domagoj Novokmet, was symbolically organised 99 days before the deadline for implementing the European Anti-SLAPP Directive.
Introductory presentations and the discussion covered various aspects of EU law combined with national legal practice and relevant legal standards, with the aim of exchanging experiences and ideas on using EU legal provisions to combat SLAPPs and protect public participation, freedom of expression and media freedom.
Maja Sever, President of the European Federation of Journalists, stressed that SLAPPs represent constant harassment and pressure on journalists, aimed at obstructing their professional work. She added that it is important to implement the European Media Freedom Act (EMFA) within national legislation and to ensure full respect for adopted regulations.
“In Europe we have thousands of SLAPP cases, and in Croatia the number is not decreasing, which shows that this remains one of the biggest problems suffocating journalism,” Sever said.
Journalists and HND representatives Branko Mijić and Goran Gazdek spoke about their own experiences facing a SLAPP lawsuit. They recently attended a hearing in a case brought against them by former HRT Director General Kazimir Bačić because, as HND vice-presidents, they co-signed a statement issued by the HND Executive Board regarding the situation at HRT.
“The proceedings have now lasted five years with no end in sight. They drag on and exhaust us financially and emotionally because we must travel to Zagreb for each hearing. I believe more attention should be given to preventing such cases and questioning why they reach the courts at all,” said Mijić. Gazdek added that being targeted by SLAPPs is particularly difficult in smaller communities, where you regularly encounter plaintiffs, face intimidation from their circles and are exposed to constant harassment.
Željka Leljak Gracin from Zelena akcija emphasised that SLAPPs represent an additional burden for civil society organisations. She cited her own example, noting that she and two colleagues have been involved in a case lasting eight years.
“All this time we spend in courtrooms. It is exhausting and draining, both financially and emotionally,” Gracin said.
Fadila Bahović, State Secretary at the Ministry of Justice, Public Administration and Digital Transformation, announced the Draft Act on the Protection of Persons Engaged in Public Participation, aimed at tackling SLAPPs. She highlighted that the law would introduce provisions requiring claimants to deposit funds for litigation costs and would foresee financial penalties in cases of procedural abuse.
“This is the first law of this kind in Croatia, transposing the Directive and establishing protective mechanisms for all persons engaged in public participation, including journalists, human rights defenders, civil society organisations, artists and scientists. We also foresee that courts may, at the defendant’s request, order publication of judgments in the media at the claimant’s expense,” Bahović said, noting that representatives from all relevant stakeholder groups participated in the working group she chairs.
Petra Jurina, Head of Sector at the Ministry of Justice, Public Administration and Digital Transformation and the European Commission’s focal point for SLAPP reporting, added that the Ministry will be responsible for statistical monitoring of SLAPP cases, as publicly cited figures vary, and that monitoring will rely on defined indicators for identifying SLAPPs.
Alan Uzelac from the Faculty of Law at the University of Zagreb and representative of the Centre for Democracy and Law “Miko Tripalo” said that SLAPPs date back to the 1990s and that the situation has unfortunately not improved but worsened. He stressed that the biggest problem with these lawsuits is their duration, with proceedings lasting from three to four and a half years and exhausting defendants.
Dijana Kesonja from the Office of the Ombudswoman pointed out that, besides journalists, human rights defenders and organisations are also frequent targets of SLAPPs. She noted that environmental activists often contact the office, as they are exposed to various forms of pressure.
“There are continuous forms of intimidation, including from repressive state mechanisms, which also affect whistleblowers within the system,” Kesonja said.
Marija Orošić Kranjčec, a judge at the Municipal Court of Novi Zagreb, said she expects the upcoming law to be clear, understandable and applicable.
“In that case there will be no problems, and personally I hope I will not have to spend time figuring out how to reconcile it with other laws,” Orošić Kranjčec said.
Lana Ofak from the Faculty of Law at the University of Zagreb emphasised that, alongside the undeniable right of access to courts, it is necessary to protect freedom of expression, as SLAPP lawsuits are often used to undermine that right.