Government approves Anti-SLAPP legislative package: what it means for journalists and civil society

The Government has approved, on Wednesday 22 July, the draft bill drawn up by the Ministry of Justice, which establishes, for the first time, a legal framework against legal proceedings brought with the aim of intimidating or silencing those involved in debates of public interest – so-called SLAPPs (Strategic Lawsuits Against Public Participation). The document is due to be submitted to Parliament for consideration.

According to the Ministry of Justice, journalists, human rights defenders, civic activists, whistleblowers and members of non-governmental organisations will benefit from greater protection against abusive legal proceedings.

“To combat these threats, the concepts of ‘public mobilisation’ and ‘abusive legal proceedings against public mobilisation’ are being introduced into the Law on Freedom of Expression. At the same time, a list of indicators is included which will enable the judge to determine whether a dispute is abusive,” states the institution’s press release.

 

WHAT THE DRAFT LAW PROVIDES FOR

The initiative transposes Directive (EU) 2024/1069, adopted by the European Parliament and the Council of the European Union in April 2024, and amends five legislative acts: the Law on Freedom of Expression, the Code of Administrative Offences, the Law on State-Guaranteed Legal Aid, the Law on State Fees and the Code of Civil Procedure.

Unlike the European directive, which concerns only disputes with cross-border elements, the draft legislation in the Republic of Moldova also covers domestic civil proceedings brought against individuals involved in public mobilisation activities. Mobilisation may involve making any statement or carrying out any activity, for example in the exercise of the right to freedom of expression and information, and which concerns a matter of public interest.

Thus, the draft law introduces three key instruments for those subjected to abusive litigation:

• Security – the court may require the claimant to provide security to cover legal costs and any damages;
• Expedited dismissal of manifestly unfounded claims — the defendant may ask the court to dismiss a claim swiftly, before the start of the hearing. The court must decide within one month at the latest, and the claimant has a maximum of 15 days to demonstrate that their claim is not manifestly unfounded;
• Compensation and fines – those who bring vexatious proceedings may be ordered to pay full compensation and a fine of between 20 and 5,000 conventional units (approximately 1,000–250,000 lei), payable to the state budget. The court may also order the publication of the judgment in the media.

Furthermore, the law sets out a number of indicators by which judges can recognise a abusive lawsuit, such as: an imbalance of power between the parties, the excessive or disproportionate value of the claims, multiple lawsuits brought for the same facts, intimidation or harassment of the defendant by the claimant, and procedural tactics in bad faith.

“Another amendment is the removal of administrative liability for defamation, in line with the recommendations of the Council of Europe. Furthermore, individuals involved in SLAPP suits will be eligible for state-guaranteed legal aid and will be exempt from paying court fees when seeking compensation for the damage suffered,” states the Ministry of Justice.

LAWYER CRISTINA DURNEA: “A WELL-DRAFTED LAW DOES NOT, BY ITSELF, GUARANTEE EFFECTIVE PROTECTION”

Cristina Durnea, a lawyer at the Centre for Independent Journalism, argues that the Government’s approval of the draft law “marks the start of a stage just as important as the drafting process itself”, and that the decisive stage lies ahead in Parliament. According to her, “it is important that the draft law is not watered down and that the essential mechanisms which ensure its effectiveness are retained.”

“In its current form, the bill is ambitious and, from many perspectives, even more advanced than the legislative solutions adopted in several EU Member States. It is encouraging that the bill’s provisions include the repeal of Article 70 of the Code of Administrative Offences (Defamation), a mechanism repeatedly used to intimidate journalists”, the lawyer points out.

At the same time, she notes that the Centre for Independent Journalism has highlighted the problematic nature of this provision in recent years. “Experience shows that a well-drafted law does not, in itself, guarantee effective protection. For the law to provide the protection it is intended to offer, we will need judges and lawyers who understand the purpose of these mechanisms and apply them consistently,” the lawyer concludes.

Previously, Media Azi explained in detail the European Union’s standards on the protection of public debate, the legislative gaps in the Republic of Moldova in this regard, and what would change in practice once the legislation is amended.