SLAPPs increasingly used against journalists in Germany

PICTURE: Emily Rose/Pexels

European Federation of Journalists

Strategic Lawsuits Against Public Participation (SLAPPs) are being used as a tool to silence journalists, activists, and civil society groups through costly and time-consuming legal battles.

The No-SLAPP Alliance, a coalition of around 15 civil society organisations including the German journalists’ union dju in ver.di, calls on the German government to take decisive action against these abusive legal tactics, following a survey conducted in September 2024 with 227 respondents.

A study commissioned by the dju in ver.di, the Society for Civil Rights, the Munich Environmental Institute, and the Otto Brenner Foundation, indicates that 60% of those affected are journalists, with a third facing high financial demands in abusive legal cases.

It highlights the psychological burden of SLAPPs and the effects on freedom of speech. The study underlines the need to strengthen protections, with the European anti-SLAPP directive due to be transposed by Member States by next year

The survey shows that legal intimidation tactics often begin with threatening letters, cease-and-desist demands, or warnings of legal action, as noted by Bettina Hesse, media policy officer at ver.di.

Read ‘Media and the Law: SLAPP suits’, here

These threats are usually directed at individuals rather than publishers or organisations and often involve large sums, with one-third of those surveyed facing claims between €100 000 (about R2 077 116,00) and €500 000 (R10 384 090,00), which can lead to significant legal expenses, serving as a deterrent.

Additionally, one in five individuals surveyed expressed they would avoid covering similar topics in their future articles.

Only 46% of those affected were successful in their cases, which could span anywhere from weeks to years across multiple courts. Therefore, effective implementation of the EU directive requires judges to reconsider the purpose behind these lawsuits, an aspect previously overlooked in procedural law.

While German law includes some mechanisms for dismissing unfounded lawsuits, it does not explicitly recognise SLAPPs or provide clear protections against them. The EU adopted an anti-SLAPP directive in 2024, but it only covers cross-border cases, ie. when a case is filed in another country.

Read ‘Legal threats against journalists undermine our access to information’, here

The No-SLAPP Alliance is urging the next federal government to include strong protections against SLAPPs in its coalition agreement.

The No-SLAPP Alliance calls for:

• Early dismissal of SLAPP cases based on clear legal definitions
• Broad implementation of the EU directive to cover all cases, not just cross-border cases
• Financial deterrents such as requiring plaintiffs to cover defendants’ legal costs and potential fines for abusive lawsuits
• Greater support for victims, including legal aid and psychosocial counselling, and
• Stronger monitoring and documentation of SLAPP cases