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SLAPP cases – a threat to civil society against which we should fight together

According to a study by the Coalition Against SLAPPs in Europe[1], during the last 10 years there has been a tenfold increase in the number of cases brought against journalists and civil society activists because of their work in defending public interest. Such cases (SLAPPs is an abbreviation from “strategic lawsuits against public participation”) and are a form of harassment and intimidation used against individuals and organizations working to protect the public interest.

The SLAPP cases are frivolous or exaggerated legal proceedings brought by powerful individuals, lobby groups, corporations, and government bodies against individuals and organizations that express criticism or convey messages inconvenient to the plaintiffs on matters of public interest. A motive for initiating these types of procedures is to censor, intimidate and silence the critics by burdening them with legal defense costs until they give up on their criticism or opposition. The ultimate goal is to exert a chilling effect on the activities of the defendants and discourage them from continuing their work and adopting a conformist public stance.

Throughout the last few years in Bulgaria a number of SLAPP cases against journalists have been reported:

  • Lev Ins vs. Mediapool [online media] for 500,000 EUR
  • Eurohold vs. Bivol [online media] for 25,000 BGN as a partial claim for 500,000 BGN
  • Eurolab 2011 vs. Nikolay Marchenko [journalist with Bivol
  • Varnapharma M and Pharmnet together with two other claimants – Veselin Mareshki and Veska Mareshka vs. Valia Ahchieva [investigative jousrnalist]
  • Bulgarian Industrial Engineering and Management and Peter Mandjurov vs. Maria Cheresheva [investigative journalist] for 17,501 EUR for each claimant, and others

Journalists and media outlets, however, are far from the only victims of SLAPPs. Besides them, one of the most vulnerable groups in Bulgaria and across Europe alike are environmental activists and environmental NGOs. This is why earlier in 2024 the Bulgarian Center for Not-for-Profit Law in partnership with the Bulgarian Biodiversity Foundation organized two trainings for environmental activists and organizations and a meeting to discuss the common challenges and actions in case of SLAPP cases. The two trainings focused on:

  • Civil actions for damages (tort) and criminal cases for defamation and slander as the main instruments in SLAPP lawsuits
  • 1st person SLAPP – the stories of victims of SLAPP cases.

Moreover, the current initiatives of the EU institutions and the Council of Europe to counter SLAPP cases were also presented:

Although SLAPP cases are clearly on the agenda in Europe, the discussions with the participants in the trainings revealed some disturbing tendencies for Bulgaria.

In Bulgaria the repressive potential of SLAPP cases is still insufficiently recognized

During the last few years, the existence of SLAPP cases has been acknowledged in Bulgaria although they are still not formally present in domestic legislation. A significant success in this respect was the decision of the Sofia District Court from November 2023 in a case against the media BIRD.BG, in which for the first time in its reasoning the Bulgarian court defined a claim as a SLAPP case.

Notwithstanding, SLAPP cases against other public participation stakeholders – like activists and NGOs – are still rarely publicized and consequently do not become a cause for public reaction. The term ‘SLAPP case’ is not widely recognized even among groups vulnerable to this type of harassment.

There is a culture for acceptance of SLAPP cases and the associated stigma

The widespread cliché that court decisions are "enforced, not commented on" has been perpetuated in Bulgaria for years. Politicians and public figures who are criticised regularly try to silence public debate by threatening with lawsuits or filing lawsuits as a method of enforcing the idea that there is no point in further discussion once "the court will decide."

On the other hand, it is often publicity that proves to be the most effective defense against SLAPP lawsuits. A good example in this respect is the lawsuit of the Kozloduy Power Plant vs. Natalia Stancheva [a nurse working at the powerplant] for 250,000 EUR that the power plant withdrew after strong public reaction in defense of Ms Stancheva.

Lack of legal support and responsibility of lawyers

Most SLAPP cases are made possible by the bad faith conduct of lawyers retained by the plaintiff. It is important to note that generally the person bringing a SLAPP case does not normally seek to win it. The aim is rather to financially and emotionally drain the victim through procedural means, delaying the trial and imposing liens. And while the lawyers in many of the notorious SLAPP cases make this possible through their professional experience and knowledge, there is no workable mechanism by which they can be sanctioned for violating ethical standards and encouraging the abuse of the law.

At the same time, activists and organizations of SLAPP victims find it difficult to engage good legal counsel, either due to lack of funds or unwillingness of lawyers to participate in the case because of the influence of the party bringing the SLAPP.

Countering SLAPPs has been a major topic for Europe over the past few years, with several important documents issued in April 2024. The Bulgarian Ministry of Justice is also working on legislative changes to ensure protection from civil SLAPP cases through the Code of Civil Procedure amendments. In the meantime, however, in July an interpretative decision of the Supreme Court of Cassation and the Supreme Administrative Court is expected to answer the controversial question in practice – whether legal entities can suffer non-pecuniary (moral) damages and seek compensation for them. A positive ruling would leave the doors for SLAPP cases wide open. This shows that the fight against SLAPPs is a long and continuous process that has to be fought on two fronts – the legal front in transposition of the EU Directive and implementing the EC and CoE recommendations; and raising cultural awareness by developing public sensitivity to and intolerance of SLAPP cases.

The Don’t Turn the Other Cheek Project is funded by the European Union. Views and opinions expressed are however those of the Bulgarian Centre for Not-for-Profit Law and the Bulgarian Biodiversity Foundation only and do not necessarily reflect those of the European Union or The Netherlands Helsinki Committee. Neither the European Union nor the granting authority (the NHC) can be held responsible for them.

 

[1] Coalition Against SLAPPs in Europe – a coalition of NGOs united by the goal of recognizing the threats to every public interest advocate realized through strategic lawsuits targeting public participation (SLAPPs), https://www.the-case.eu/about