Strategic lawsuits against public participation (SLAPPs) are abusive court proceedings aimed not at exercising or protecting a legitimate right or interest, but at intimidating, restricting or deterring persons from participating in a debate on matters of public interest
Such procedures can have a serious impact on the exercise of freedom of expression, the right to information and other fundamental rights, as they are a means of exerting pressure on persons who, through their actions, contribute to public debate.
To ensure effective protection against such proceedings, the Croatian Parliament passed the
Act on the Protection of Persons Who Engage in Public Participation, which transposes into the Croatian legal system
Directive (EU) 2024/1069 of the European Parliament and of the Council of 11 April 2024 on protecting persons who engage in public participation from manifestly unfounded claims or abusive court proceedings (‘Strategic lawsuits against public participation’).
What is the purpose of the Act?
The Act is intended to protect natural and legal persons who engage in public participation from abusive legal processes initiated to deter them from acting in the public interest.
Unlike the Directive, which applies to cross-border civil and commercial cases, Croatian law provides for a broader scope, applying to national civil and commercial proceedings, too. This makes protection available in all cases where SLAPP features exist, regardless of whether there is a cross-border element.
Who is covered by the protection?
Protection applies to persons who engage in public participation, including journalists, publishers and media organisations, persons who report irregularities (whistle-blowers), civil society organisations, human rights defenders, NGOs, trade unions, artists, researchers and academics, and other natural and legal persons who participate in the debate on matters of public interest.
What procedural guarantees does the law introduce?
In order to prevent abusive litigation, the Act introduces special procedural guarantees for the effective protection of persons targeted by a SLAPP.
These guarantees include:
- securing the estimated costs of the proceedings;
- early dismissal of the manifestly unfounded claim;
- the right to reimbursement of procedural costs;
- fines and other sanctions against plaintiffs who initiate abusive legal actions.
In doing so, the Court will pay particular attention to the need to adjudicate urgently on those procedural guarantees in order to minimise the consequences of such proceedings.
Why is this law important?
By adopting the Act, Croatia has established a system of protection against SLAPP lawsuits, which protects persons who engage in public participation as well as persons who assist the former in cases where their activities relate to matters of public interest.
Simultaneously, it ensures a more effective judicial response to manifestly unfounded and abusive actions and contributes to the creation of a legal framework that protects public participation against the abuse of judicial mechanisms.
The new Act represents an important step forward in strengthening the protection of persons who, through their activities, contribute to informing the public and discussing issues of general interest.
The introduction of specific procedural guarantees and more effective mechanisms for the early identification and sanctioning of abusive lawsuits reduces the possibility of abuse of litigation as a means of pressure, and further strengthens freedom of expression, the right to participate in public debate and the rule of law.
Contact:
Judicial Academy
Maksimirska cesta 63, 10000 Zagreb
Tel: +385 1 2357 626
pravosudna.akademija@pravosudje.hr
