Source: CASE Italia

The use of vexatious lawsuits, known as SLAPPs (Strategic Litigation Against Public Participation), is alarmingly widespread and serious in Italy, as confirmed by last report from the Coalition Against SLAPPs in Europe (CASE) and by the findings of the recent advocacy mission carried out in Rome by the Media Freedom Rapid Response (MFRR). SLAPPs silence journalists, activists, whistleblowers, and anyone who brings matters of public interest to light, limiting freedom of expression and citizens’ right to receive information that is relevant to society as a whole. In doing so, they weaken the foundations of the democratic system and the shared foundations of society.

For this reason, it is essential that the Government does not limit itself to merely transposing the EU Directive. Protecting only cross-border civil cases would leave over 90% of SLAPP cases in the country without protection, rendering the Government’s intervention inadequate.

We therefore call for the European Directive to be transposed while also taking into account the complementary EU Recommendation (2022/758) and the Council of Europe Recommendation (CM/Rec(2024)2), which invite States to provide protective measures for SLAPP targets that go beyond the mere letter of the Directive, ensuring effective safeguards for journalists, activists, and citizens acting in the public interest.

In particular, we call for the EU Directive to be transposed into national law by:

• extending procedural safeguards to all SLAPP cases, both domestic and cross-border;
• introducing a cap on the maximum amount of financial compensation claims;
• providing compensation for both material and non-material damages suffered by SLAPP targets;
• defining effective and proportionate sanctions to deter serial perpetrators of abusive litigation;
• ensuring that the burden of proof rests with the claimant, not with the target of the abusive action.

Reaffirming CASE Italia’s commitment, with the support of the European CASE network (Coalition Against SLAPPs in Europe), to monitoring the SLAPP phenomenon in Italy and the process of transposing the EU Directive, we call on the Government to work towards legislation that effectively protects journalists, human rights defenders, and other public interest actors from SLAPPs.

Signed:

Osservatorio Balcani Caucaso Transeuropa
Amnesty International Italia
ARTICLE 19 Europe
Articolo 21
A Sud
Free Press Unlimited
Foundation Atelier for Community Transformation- ACT (BiH)
Greenpeace Italia ETS
ReCommon
StraLi
The Good Lobby Italia
The Daphne Caruana Galizia Foundation

CASE Italia is an informal working group established in 2021, whose work is coordinated by Osservatorio Balcani Caucaso Transeuropa. The working group supports the Coalition Against SLAPPs in Europe (CASE) in the fight against SLAPPs in Europe. In support of journalists, activists, whistleblowers, rights defenders, and others targeted by vexatious lawsuits, we are committed to exposing legal harassment and intimidation, and protecting the rights of those who speak out on matters of public interest. CASE Italia members include: Amnesty International Italia, ARTICLE 19 Europe, Articolo 21, Certi Diritti, Environmental Paper Network, FADA Collective, Giulia Giornaliste, Greenpeace Italia, IrpiMedia, Meglio Legale, OBC Transeuropa, ReCommon, Rete No Bavaglio, STRALI, The Good Lobby Italia, Transparency International Italia, Wikimedia Italia.