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Germany Unveils Draft Law to Curb SLAPP Suits

The proposal sets new hurdles for frivolous suits to safeguard public debate, requiring association feedback through August

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Overview

  • The draft bill was unveiled by Justice Minister Stefanie Hubig on June 19 as part of Germany’s effort to transpose the EU’s anti-SLAPP directive.
  • Under the proposal, courts would prioritize dismissal of manifestly abusive suits and could levy special filing fees on plaintiffs.
  • It would allow judges to require plaintiffs to secure estimated defendants’ costs and broaden defendants’ reimbursement rights.
  • After a consultation period with associations ending in August, the legislation will move to cabinet and Bundestag approval.
  • The German Journalists’ Association has welcomed the initiative as essential for press freedom, though critics contend it may not go far enough.