As part of Croatia’s broader efforts to strengthen legal protections for individuals involved in public discourse and to improve the safety of journalists and other media actors, the Ministry of Justice, Administration and Digital Transformation is drafting the Act on the Protection of Persons Engaged in Public Participation.
This legislative initiative aims to transpose into Croatian law the Directive (EU) 2024/1069 of the European Parliament and of the Council of 11 April 2024, which seeks to protect individuals engaged in public participation from abusive legal actions, commonly known as Strategic Lawsuits Against Public Participation (SLAPPs).
Purpose and key provisions
The proposed Act is designed to remove barriers to the fair conduct of civil proceedings while protecting individuals and organisations engaged in public activity. This includes:
- Journalists, editors, and media outlets;
- Publishers and whistle-blowers;
- Human rights defenders;
- Civil society and non-governmental organisations;
- Trade unions;
- Artists, researchers, and academics.
Key protections outlined in the draft include:
- Security for costs: Courts may require plaintiffs to provide financial assurance for legal expenses in advance;
- Early dismissal: Defendants may request early dismissal of clearly unfounded claims, with the burden of proof falling on the claimant;
- Compensation and sanctions: Plaintiffs may be ordered to cover all legal costs of the defendant, and courts may impose proportionate and dissuasive sanctions, including damages and public dissemination of the judgment.
Drafting process and stakeholder participation
The drafting process is being led by a working group established by the Ministry of Justice, Administration and Digital Transformation. The group brings together:
- Representatives of the Ministry of Culture and Media;
- The Office of the Ombudsperson;
- Judges from municipal and Supreme courts;
- Academics from the Faculty of Law, University of Zagreb;
- Representatives of trade unions;
- Members of the Croatian Journalists’ Association, the Croatian Bar Association, and the Council for Electronic Media.
To date, the working group has held three meetings, resulting in the first draft of the Act.
Scope and legislative timeline
Significantly, the Act will have a broader application than the EU Directive, as it will cover both national and cross-border civil and commercial cases. This wider scope aims to strengthen protections across a broader range of public participation activities.
The referral of the Act to the legislative procedure of the Government of the Republic of Croatia is scheduled for the fourth quarter of 2025.
