Back Second European Anti-SLAPP Conference

 

As delivered by Bjørn Berge, Deputy Secretary General of the Council of Europe

 

Ladies and gentlemen,

It is a great pleasure to open this Second European anti-SLAPP Conference –

Co-organised by the Council of Europe, the CASE coalition and the European Centre for Press and Media Freedom.

Since the first Conference, we have had a very positive development.

Just seven months ago, our Committee of Ministers adopted a landmark recommendation to member states on countering the use of SLAPPs.

That recommendation is far-reaching –

Providing a definition for SLAPPs –

Indicators for recognising such cases –

And the procedures and remedies that should be put in place for dealing with them.

It also makes clear the role of all relevant actors.

Governments, of course.

But also journalists, media organisations and other media actors –

As well as unions, legal professionals and human rights defenders –

And academics and civil society organisations –

Including environmental groups, anti-corruption organisations and activists of many kinds.

In other words, it requires the awareness and participation of people in this room.

So, as we move now from the adoption to the implementation of this all-important recommendation –

I hope that this Conference will be an opportunity for you to take stock of what we have seen and experienced so far –

To help us share experience and best practices –

And to consider together what our next steps should be.

Certainly, fundamental challenge and obstacles remain.

Yes, indeed, our understanding of SLAPPs has continued to evolve –

From the first cases that have been dealt with at the European Court of Human Rights –

Through to the spread of dedicated platforms that now help to identify such cases and to understand them better –

Including of course our own Platform for the Safety of Journalists and the Protection of Journalism.

But we also know that we are in fact only seeing the tip of the iceberg.

A recent study found hundreds of possible SLAPPS targeting media and journalists in Croatia, alone.

So now really is the time for further concrete action –

And there are already some positive developments.

I think of the United Kingdom, for example –

Where anti-SLAPPS provisions were recently included in the Economic Crime and Corporate Transparency Act.

And I also think of Slovenia –

Where draft legislation covers measures to deal with both national and cross-border SLAPPs –

And is being put out for public consultation.

More broadly, several countries have started awareness-raising campaigns –

And educational programmes –

And have planned training for the judiciary, legal professionals, and public authorities –

Often with the involvement of civil society organisations.

I believe that these initiatives are very important –

And I hope that we will see many more of them –

But, again, today we can share our thoughts on how these developments have helped us.

But also how they might be improved, or what are the next step.

Certainly, the Council of Europe is continuing its work on this issue –

And we want to do it in the most collaborative and complementary way possible.

This is true of our work with the European Union –

With its new and very welcome package for dealing with civil law SLAPP cases within its 27 member states.

But it is equally true of our approach to civil society –

And here we continue a range of other activities designed to deal with SLAPPs –

In which many of you are playing a key role.

These include our “Journalists Matter” campaign –

Launched just last month –

And which try to develop national strategies to ensure the safety of journalists – including from SLAPPs –

Our Annual Thematic Conference –

Also held in October –

And which focused on the protection pillar of our Recommendation on the Safety of Journalists and the Protection of Journalism –

And the preparation for the next such conference in 2025 –

That will build on the prosecution pillar –

And our important work to end impunity for attacks on journalists.

Next year’s conference will be held a full year after the adoption of our Recommendation on SLAPPS and will provide another good opportunity to review progress.

On top of all this, we try also to help specific countries to prevent and counter SLAPPs through assistance and co-operation projects –

Our current training programme for judges, prosecutors and lawyers on countering the use of SLAPPs will be presented here at this Conference –

And tomorrow there will be a Regional Exchange on Countering SLAPPs in the Western Balkans –

To reflect on how the authorities, judiciary and journalists – among others – from countries in that region, can do more to confront this problem.

Dear friends,

Our new recommendation, our range of activities, and this Conference are, together, a statement of our joint determination to ensure that journalists, academics, and authors –

Can pursue their profession –

Without obstacles and hindrance –

That inhibits free media and freedom of expression.

This is a right that all of us should enjoy.

I look forward to the further progress that we will make together.

Thank you for your attention.

Strasbourg 14 november 2024
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