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German Cabinet Approves Draft Anti‑SLAPP Law Implementing EU Directive

The bill now heads to the Bundestag with coverage limited to cross‑border cases.

Overview

  • The draft transposes the EU AntiSLAPP directive to protect journalists, activists, scientists and NGOs from lawsuits aimed at silencing public participation.
  • Courts would be empowered to fast‑track suspected SLAPPs, require plaintiffs to post security for defense costs, impose special fees on abusive suits, and order publication of higher‑instance rulings.
  • The measure would apply only to disputes with a cross‑border element affecting multiple EU states, leaving questions about how internet publications will be treated.
  • The proposal defines SLAPPs as cases primarily intended to prevent, restrict or punish participation in public debate, including demonstrations, news articles, social media posts and scientific studies.
  • Justice Minister Stefanie Hubig said such cases are rare in Germany but more common elsewhere, and typical plaintiffs include powerful lobby groups, corporations and wealthy individuals.