On 5 April 2024, the Committee of Ministers of the Council of Europe adopted Recommendation CM/Rec(2024)2 on combating the use of strategic lawsuits against public participation (SLAPPs). The newly adopted recommendation defines SLAPPs. The definition was explained as follows.
"SLAPPs should be understood as legal acts threatened, initiated or maintained with the aim of harassing or intimidating their targets and aimed at preventing, inhibiting, restricting or penalising free expression on matters of public interest and the exercise of rights associated with public participation."
For the purpose of implementing the recommendation, public participation and the public interest are used in a broad sense to encompass the democratic right of everyone to participate in public debate and public affairs, online and offline, without fear or discrimination.
The concept of "everyone" in the resolution includes all public observers and contributors to public debate and public affairs, and thus includes all critical voices, including but not limited to journalists and other media actors, civil society organisations, environmental associations and activists, academics and human rights defenders.
The guidelines are intended to apply to civil litigation as well as administrative and criminal law contexts, including legal intimidation tactics. Furthermore, the Recommendation covers other types of SLAPPs, such as SLAPPs targeting multiple or coordinated and anonymous public participation, both domestic and cross-border.
To facilitate the identification of SLAPPs, the Recommendation defines a non-exhaustive list of 10 indicators. These refer to the salient features of SLAPPs, such as the abuse of an imbalance of power; the partial or total unfoundedness of the arguments put forward by the claimant; the request for disproportionate, excessive or unreasonable remedies; and the resort to delaying tactics.
The resolution recommends that the governments of Member States further strengthen their existing legal and policy frameworks against SLAPPs, in particular with regard to structural and procedural safeguards, remedies, transparency, support for targets and victims, and the development of education, training and awareness-raising programmes.