Croatia adopts wider protections as EU Anti-SLAPP law comes into force

ZAGREB, 7 May 2026 (Hina) – A new European Union law aimed at protecting journalists, activists and other public watchdogs from abusive lawsuits designed to silence criticism entered into force on Thursday across the EU.

Member states, with the exception of Denmark, had until 7 May to transpose the Anti-SLAPP Directive into their national legal systems.

SLAPP stands for “Strategic Lawsuit Against Public Participation” and refers to legal actions brought by powerful individuals, companies or organisations not primarily to win a case, but to place financial and psychological pressure on critics, journalists or activists.

The lawsuits are often intended to discourage public scrutiny through lengthy and expensive legal proceedings rather than secure a legal victory.

According to data from the Coalition Against SLAPPs in Europe (CASE), 166 new SLAPP cases were recorded in 2023 alone, bringing the total number since 2010 to 1,049 across 41 European countries.

Corruption-related reporting accounted for 36 percent of cases, while environmental issues made up 16 percent. Nearly half of the lawsuits were initiated by companies and business figures, while more than one-third were brought by politicians.

The directive introduces several new legal protections. Defendants will now be able to request early dismissal of cases considered unfounded, with the burden shifting to the claimant to prove there are sufficient grounds for the proceedings to continue.

Courts may also order claimants to cover all legal costs and damages if a lawsuit is found to be abusive or unfounded. Additional penalties may also be imposed.

The legislation further seeks to prevent “forum shopping”, where claimants attempt to use courts in jurisdictions considered more favourable to their cases. Judgments from third countries in proceedings deemed abusive or unfounded will no longer be recognised within the EU.

The directive marks the first common European standard aimed at countering SLAPP lawsuits and strengthening protections for freedom of expression and media freedom.

Another significant provision requires member states to publish final court rulings in SLAPP cases electronically and collect systematic data, with supporters arguing that greater transparency is essential in understanding the scale of the issue.

European Parliament rapporteur Tiemo Wölken described SLAPP lawsuits as a threat to the rule of law and fundamental rights, including freedom of expression, information and association.

“These lawsuits are a form of legal harassment and abuse of the judicial system increasingly used by powerful individuals and organisations to avoid public scrutiny,” Wölken said during the adoption process.

The directive was partly driven by growing concern over attacks on investigative journalism in Europe, particularly following the 2017 murder of Maltese journalist Daphne Caruana Galizia.

At the time of her death in a car bombing outside her home, Caruana Galizia faced more than 40 defamation lawsuits, some of which continued against her family after her death. Her case became a symbol of the pressure investigative journalists can face through legal intimidation.

The European Parliament later established the Daphne Caruana Galizia Prize for Journalism, recognising investigative reporting that promotes democracy, human rights and the rule of law.

While the directive sets a minimum level of protection, analysts note that its impact may vary significantly between member states depending on how national governments implement the rules.

One of the directive’s main limitations is that it applies primarily to cross-border cases, while many SLAPP lawsuits remain domestic disputes handled within national courts.

Croatia has moved to introduce broader protections through its proposed Law on the Protection of Persons Engaged in Public Participation, which extends safeguards to both domestic and cross-border civil and commercial proceedings.

Croatian MEP Sunčana Glavak welcomed the directive, saying Croatia had already taken steps to address SLAPP lawsuits through expert working groups and national media development plans aimed at creating mechanisms for early recognition and dismissal of abusive claims.

CASE also welcomed the directive as an important first step but warned that effective implementation at national level would be crucial. The organisation called on governments to introduce stronger safeguards, robust early dismissal mechanisms and financial sanctions against abusive claimants.

The European Commission has the authority to launch infringement proceedings against member states that fail to meet implementation obligations.

For journalists, activists and academics across Europe, the new directive is seen as a significant development in strengthening protections against legal intimidation, although observers say much will depend on how individual countries apply the rules in practice.