STRATEGIC LAWSUITS AGAINST PUBLIC PARTICIPATION – MEASURES OF PROTECTION AGAINST MANIFESTLY UNGROUNDED CLAIMS OR ABUSIVE LITIGATION. A POLISH PERSPECTIVE

Abstract

Lawyers have been observing a growing number of SLAPPs (Strategic Lawsuits Against Public Participation) – lawsuits designed to trigger a freezing effect and intimidate individuals speaking out on socially essential topics – filed in Poland and multiple European countries. Individual states have been coming up against this negatively perceived phenomenon of corporations (businesses) with a strong market position bringing personal interest lawsuits against journalists, reporters, bloggers and/or activists. Cross-border cases are a particular challenge for defendant entities. Judicial proceedings are prolonged and costs aggregated, not to mention the forum shopping (beneficial jurisdiction choosing) practice. In all actuality, civil lawsuits (and, occasionally, indictments) are intended to prevent inconvenient witness accounts regarding assorted irregularities (including corruption) from reaching the public opinion. Attempts at resolving the issue have been made under Directive (EU) 2024/1069 of the European Parliament and of the Council of April 11th 2024. The law obliges Member States to provide defendants with a catalogue of safeguards: security, motions to dismiss manifestly unfounded claims, reimbursement of the costs of proceedings (charged to the plaintiff), and sanctions against plaintiffs initiating SLAPPs. While the Directive specifies minimum requirements, a standard higher than that guaranteed by the Directive can be applied. Poland is a European Union member state with a disquietingly high SLAPP count. It has been noted that SLAPPs are filed by business entities – a typically West European phenomenon – as well as by state administration authorities, with the use of the prosecution service and/or police force. Both civil and criminal law institutions are reached for. While the deadline for the implementation of the Directive remains distant (May 7th 2026), rigorous efforts have been made already to address the problem. The purpose of the paper is to discuss aforesaid efforts in a measure hopefully assisting the international debate designed to develop optimum solutions for European Union member states.