Advocacy – SLAPPs, legal harassment and legal intimidation

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Our take on SLAPPs

SLAPPs (Strategic Lawsuits Against Public Participation) are a form of legal harassment used by companies, institutions or public figures against public watchdogs and human rights defenders. 

These procedures are not initiated to achieve a legal victory, but to silence the voices of the journalists, NGOs and citizens they target. The pressure that builds up as a result of a SLAPP’s length and cost tends to intimidate the target, impede the diffusion of information of public interest and expose journalistic sources.    

SLAPP filers often use defamation – a criminal offense contained in the Law on the Freedom of the Press of 1881 – as the legal basis of their complaint. To bypass existing legal protections, they may also file complaints under criminal or commercial law in relation to trade or military secrecy, commercial disparagement, and the dissemination of false or misleading information. 

Following the assassination of Maltese journalist Daphne Caruana Galizia – who was targeted by more than 40 SLAPPs at the time of her death – a directive was adopted by the European Union. It is primordial that French lawmakers seize this opportunity to limit the growing use of SLAPPs, restore the equality of arms as a legal standard, and sanction practices that threaten freedom of speech and information. 

Timeline

Key dates

  • March 23, 2017

    Op-ed

    Sherpa begins to sound the alarm on the proliferation of SLAPPs initiated by multinational companies and co-founds the collective On Ne Se Taira Pas (We Shall Not Be Silenced).

    Learn more (in French)
  • October 16, 2017

    Assassination of Daphne Caruana Galizia

    The journalist was investigating corruption in Malta and was the target of more than 40 SLAPPs and legal pursuits at the time of her assassination by car bomb. This tragedy forces anti-SLAPP legislation onto the European Union’s agenda. 

    Learn more
  • January 24, 2018

    Op-ed

    More than 70 organisations, journalists and journalist groups protest against the SLAPPs initiated by the Bolloré group.

    Learn more (in French)
  • February 11, 2018

    Op-ed

    Sherpa, Attac, Greenpeace and ActionAid sound the alarm on the legal procedures initiated by Apple against the organisation Attac. 

    Learn more (in French)
  • November 19, 2018

    Recommandations

    Sherpa publishes the amendments it has submitted to MPs during parliamentary negotiations on a draft law reforming the justice system (“Projet de loi pour une réforme de la justice”) which contained SLAPP-related elements.

    Learn more (in French)
  • June 8, 2020

    Open Letter

    Over a hundred organisations, including Sherpa, ask the European Union to act against SLAPPs by adopting a directive.  

    Learn more
  • October 16, 2020

    Op-ed

    Three years after the assassination of Maltese journalist Daphne Caruana Galizia, Sherpa restates the urgent need for European legislation that would protect journalists and their sources from SLAPPs.

    Learn more (in French)
  • December 1, 2020

    Op-ed

    More than 80 European organisations call on the European Union to adopt a directive against SLAPPs in an op-ed in Le Monde.

    Learn more (in French)
  • March 26, 2021

    CASE Coalition created

    NGOs from across Europe create the Coalition Against SLAPPs in Europe, CASE. Sherpa and the Maison des Lanceurs d’Alerte (House of Whistleblowers) represent France in the coalition.

    Learn more
  • April 14, 2021

    🇪🇺 Study by the European Parliament Committee on Legal Affairs

    A study commissioned by the European Parliament Committee on Legal Affairs (JURI) of the European Parliament recommends the adoption of a directive against SLAPPs.

    Learn more
  • November 11, 2021

    🇪🇺 European Parliament Resolution

    The European Parliament publishes its own initiative report on SLAPPs and officially invites the Commission to legislate against these practices.

    Learn more
  • March 16, 2022

    CASE Coalition Report

    The CASE Coalition publishes a report analysing SLAPPs in Europe, on the basis of more than 500 cases accounted for in Europe.

    Learn more
  • April 27, 2022

    🇪🇺 Proposal from the European Commission

    The European Commission publishes its proposal for a directive against SLAPPs.

    Learn more
  • April 28, 2022

    Campaign

    The CASE Coalition representatives praise the Commission’s proposal as an essential first step.

    Learn more
  • October 26, 2022

    🇪🇺 Opinion of the European Economic and Social Committee

    The European Economic and Social Committee publishes its opinion on the European Commission’s proposal.

    Learn more
  • April 19, 2023

    Analysis and recommendations

    Sherpa and the Maison des Lanceurs d’Alerte publish their analysis and recommendations concerning 10 key issues of the proposed directive.  

    Learn more (in French)
  • June 9, 2023

    🇪🇺 Common position revealed  

    In the context of the negotiations on the directive against SLAPPs, the Council of the European Union reveals its general approach on the text, adopted on May 17, 2023. This position is a weakened version of the proposed directive.  

    Learn more
  • June 23, 2023

    Op-ed

    As the number of SLAPPs initiated in France increases, Sherpa and a dozen organisations denounce the Council’s position in an opinion piece in Le Monde.

    Learn more
  • November 9, 2023

    Open Letter

    During the negotiations on the European directive, Sherpa and 73 organisations call on European institutions to be vigilant concerning certain key elements of the proposed directive. 

    Learn more (in French)
  • November 30, 2023

    Recommandations

    100 media organisations and NGOs, including Sherpa, launch the first Etats généraux de la presse indépendante (General Assembly of the Independent Press) and formulate 59 propositions to protect freedom of information, notably from SLAPPs.

    Learn more (in French)
  • January 11, 2024

    🇪🇺 Campaign

    Sherpa and all other members of the CASE Coalition commend the agreement found between the European Council and Parliament on November 30, 2023, which concludes the negotiations on the anti-SLAPP directive.

    Learn more
  • January 31, 2024

    🇫🇷 Parliamentary hearing 

    Sherpa is heard by the Parliamentary evaluation mission on the impact of the « Bloche Law » of 2016 which sought to reinforce the freedom, independence and pluralism of the press. Sherpa uses this opportunity to also speak on the issue of SLAPPs. 

    Learn more (in French)
  • February 27, 2024

    🇪🇺 Votes

    The European Parliament adopts the proposed directive against SLAPPs.

    Learn more
  • March 6, 2024

    🇫🇷 Evaluation report of the "Bloche Law" published

    The report of the Parliamentary evaluation mission on the impact of the « Bloche Law » is published. Several propositions from members of Parliament reflect Sherpa’s position in the previously held parliamentary hearing. This is especially true on the insufficient protection of journalistic sources and SLAPPs. 

    Learn more (in French)
  • March 7, 2024

    Meetings

    The Fonds pour une presse Libre (the Free Press Fund) and Sherpa are received by MPs Violette Spillebout and Philippe Frei, respectively co-president and member of the group Médias et Information Majorité Présidentielle (Presidential Majority for Media and Information), to present the propositions from the Etats généraux de la presse indépendante.

  • March 19, 2024

    🇪🇺 Votes

    The Council of the European Union adopts the proposed directive against SLAPPs.

    Learn more
  • March 26, 2024

    🇫🇷 Parliamentary hearing

    Sherpa is heard alongside partner organisations by the Commission of cultural affairs and education of the National Assembly on the law proposal aiming to protect editorial freedom of media companies benefitting from subsidies.

    Learn more (in French)
  • March 26, 2024

    Open Letter

    After the chief editor of La Provence is laid off, 66 media and journalist organisations, companies, collectives and unions call on the Minister of Culture to defend journalistic independence.

    Learn more (in French)
  • April 16, 2025

    🇪🇺 Publication of the Directive in the Official Journal of the European Union

    The European directive against SLAPPs is published in the Official Journal of the European Union. Member states have two years to transpose the text into their domestic legal system. 

    Learn more
  • May 27, 2024

    Analysis

    Sherpa publishes its first analysis of the European directive against SLAPPs.

    Learn more (in French)
  • July 1, 2024

    Op-ed

    Sherpa highlights the key elements necessary for an ambitious transposition of the directive in France.  

  • January 13, 2025

    Open Letter

    In an open letter signed by more than a hundred NGOs, media organisations, and independent press organisations, Sherpa and its partners reiterate the importance of reinforcing the protection of journalistic sources, listing priorities for future reforms. 

    Learn more (in French)
  • February 13, 2025

    🇫🇷 Advisory opinion by the National Consultative Commission on Human Rights

    The National Consultative Commission on Human Rights publishes its advisory opinion on the transposition of the directive against SLAPPs after hearing several civil society organisations, including Sherpa.  

    Learn more (in French)
  • July 10, 2025

    Analysis and recommandations

    Sherpa publishes its analysis of the current legal framework on the protection of journalistic sources and presents its propositions to strengthen it.

    Learn more (in French)

Impact

Why Advocate ?

Sherpa

Today, public debates and decisions on the regulation of economic players are often dominated by the economic interests themselves. Our advocacy endeavours, carried out in collaboration with other civil society players, aims to ensure that the voices of citizens, communities and those affected are heard.

Sherpa

Sherpa exposes the human rights and environmental violations observed on the ground by our partners and demonstrates that the law is often ill-adapted to the problems caused by globalisation. Drawing on its expertise, Sherpa calls into question legal frameworks that allow, or even encourage, impunity for economic actors.

Sherpa

Sherpa develops recommendations for a better understanding of economic realities and proposes an innovative legislative arsenal. Our actions are aimed at changing the law to create a legal framework that better protects the environment, communities, and workers.

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