Changes from report parliamentary committee draft to plenary report

AddedArticle 18 a (new): Article 18a / Jurisdiction for defamation claims / In defamation claims or other claims based on civil or commercial law which may constitute a claim under this Directive, the domicile of the defendant shall be considered to be the sole forum, having due regard to cases where the victims of defamation are natural persons.

RemovedArticle 20 – paragraph 1: Member States shall provide the Commission with all relevant information regarding the application of this Directive, in particular. available data showing how those targeted by court proceedings against public participation have accessed the safeguards provided for in this Directive, by [3 years from the date of transposition] and every year thereafter. On the basis of the information provided, the Commission shall by [4 years from the date of transposition] and every five years thereafter, submit to the European Parliament and the Council a report on the application of this Directive. The report shall provide an assessment of the evolution of abusive court proceedings against public participation and the impact of this Directive in the Member States. If necessary, the report shall be accompanied by proposals to amend this Directive. Those reports shall be made public.

AddedArticle 18 b (new): Article 18b / Relations with the Brussels I Regulation / With the exception of Article 18a of this Directive, this Directive shall not affect the application of the Brussels I Regulation.

RemovedArticle 21 – paragraph 1 – subparagraph 1: Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [1 years from the date of entry into force of this Directive] at the latest. They shall forthwith communicate to the Commission the text of those provisions.

AddedArticle 18 c (new): Article 18c / Applicable law for publications as an act of public participation / In claims regarding a publication as an act of public participation, the applicable law shall be the law of the place to which that publication is directed to. In the event of it not being possible to identify the place to which the publication is directed, the applicable law shall be the law of the place of editorial control or of the relevant editorial activity with regard to the act of public participation.

AddedArticle 18 d (new): Article 18d / Relations with the Rome II Regulation / With the exception of Article 18c of this Directive, this Directive shall not affect the application of the Rome II Regulation.

AddedChapter V b (new): Chapter Vb / Other provisions

AddedArticle 18 e (new): Article 18e / Union register / The Commission shall take appropriate measures to establish a publicly accessible Union register, on the basis of the information provided in accordance with Article 16a, of relevant court decisions falling within the scope of this Directive, in accordance with Union rules on the protection of personal data.

AddedArticle 18 f (new): Article 18f / Awareness-raising / Member States shall take appropriate action, including via electronic means, aimed at raising awareness about strategic lawsuits against public participation and the procedural safeguards set out in this Directive against them. Such action may include information and awareness-raising campaigns and research and education programmes, where appropriate in cooperation with relevant civil society organisations and other stakeholders.

AddedArticle 18 g (new): Article 18g / One-stop shop / Member States shall, with the support of the Commission, take appropriate measures to establish a ‘one-stop shop' comprising dedicated national networks of specialised lawyers, legal practitioners and psychologists, which targets of SLAPPs can contact, and through which they can receive guidance and easy access to information on, and protection against SLAPPs, including regarding legal aid, financial and psychological support.

AddedArticle 18 h (new): Article 18h / Training of practitioners / 1. With due respect for the independence of the legal profession, Member States shall recommend that those responsible for the training of lawyers make available both general and specialist training to increase the awareness of strategic lawsuits against public participation and the procedural safeguards against them provided for in this Directive. / 2. Without prejudice to judicial independence and differences in the organisation of the judiciary across the Union, Member States shall request that those responsible for the training of judges make available both general and specialist training to increase the awareness of judges of the needs of natural or legal persons engaging in public participation. / 3. Through their public services or by funding SLAPP support organisations, Member States shall encourage initiatives enabling those providing support to those targeted by manifestly unfounded or abusive court proceedings against public participation to receive adequate training.

AddedArticle 18 i (new): Article 18i / Cooperation and coordination of services / Member States shall take appropriate action to facilitate cooperation between Member States to improve the access of those targeted by manifestly unfounded or abusive court proceedings against public participation to information on procedural safeguards provided for in this Directive and under national law. Such cooperation shall be aimed at least at: / (a) the exchange of current practices; and / (b) the provision of assistance to European networks working on matters directly relevant to those targeted by manifestly unfounded or abusive court proceedings against public participation.

AddedArticle 18 j (new): Article 18j / Deontological rules for legal professionals / Member States shall, with due respect for the independence of the legal profession, encourage the adoption by professional associations of deontological rules that guide the conduct of legal professionals to discourage the taking of abusive lawsuits against public participation, and where appropriate, considering measures to address any violation of those rules.

AddedArticle 18 k (new): Article 18k / Data collection / 1. Member States shall, taking into account their institutional arrangements on judicial statistics, entrust one or more authorities to be responsible to collect and aggregate, in full respect of data protection requirements, data on abusive court proceedings against public participation initiated in their jurisdiction. / 2. Data referred to in paragraph 1 shall include, in particular, the following criteria: / (a) the number of abusive court proceedings against public participation cases, initiated in the relevant year; / (b) the number of abusive court proceedings against public participation cases dismissed early on account of relying on fully or partially unfounded claims; / (c) the number of court proceedings, classified by type of defendant (e.g. journalist, human rights defender, media organisation); / (d) the number of court proceedings, classified by type of plaintiff (e.g. politician, private person, company, whether the plaintiff is a foreign entity); / (e) figures about acts of public participation on account of which court proceedings were launched; / (f) figures on the estimated amount of initial damages requested by plaintiffs; / (g) description of the different legal bases relied on by plaintiffs and related figures; / (h) figures on the length of the proceedings, including all instances; / (i) figures on cross-border elements; / (j) as available, other data including on judicial costs of proceedings and, as relevant and appropr…

AddedArticle 20 – paragraph 1: Member States shall provide the Commission with all relevant information regarding the application of this Directive, in particular available data showing how those targeted by court proceedings against public participation have used the safeguards provided for in this Directive, by [3 years from the date of transposition]. On the basis of the information provided, the Commission shall by [4 years from the date of transposition] and every five years thereafter at the latest, submit to the European Parliament and the Council a report on the application of this Directive. The report shall provide an assessment of the evolution of abusive court proceedings against public participation and the impact of this Directive in the Member States while taking account of the national context in each Member State, including the implementation of the Commission Recommendation. If necessary, the report shall be accompanied by proposals to amend this Directive. Those reports shall be made public.

AddedArticle 21 – paragraph 1 – subparagraph 1: Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [1 years from the date of entry into force of this Directive] at the latest. They shall forthwith communicate to the Commission the text of those provisions. When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

AddedArticle 21 – paragraph 1 a (new): 1a. Member States shall apply this directive also to cases pending before a national court at the time of entry into force of the national rules transposing this Directive.

Added24.5.2023