On May 6, during the roundtable “Ukrainian anti-SLAPPs legislative package: towards alignment with Council of Europe and European Union standards,” a package of legislative amendments was presented to ensure the protection of public participants, including journalists, media, human rights defenders, and activists, from the abuse of lawsuits. The event was attended by National Council member Oleksandr Burmahin.
The roundtable was organized by the Council of Europe in cooperation with the Verkhovna Rada Committee on Freedom of Speech, the Ministry of Culture, and the NGO “Human Rights Platform”.
Lawsuits are increasingly becoming a new means of pressure on journalists in order to influence their professional activities. Their purpose is to taboo certain topics, cover up investigations, and complicate the work to such an extent that no time remains for direct duties.
“If in the turbulent 1990s attempts were made to silence people physically, today we can speak of more sophisticated methods – namely, the abuse of lawsuits. Lawsuits against anti-corruption and environmental activists, as well as human rights defenders are becoming increasingly widespread and cynical,” noted Yaroslav Yurchyshyn, Chairperson of the Committee on Freedom of Speech.
Head of the Division for Co-operation on Freedom of Expression, Democratic Institutions and Freedoms Department (DGIІ) Alina Tatarenko noted that the international organization “Reporters Without Borders” has recognized the problem of SLAPPs as one of the greatest threats to freedom of expression and media freedom. This issue is also highly relevant for Ukraine, where additional risks for freedom of expression, journalists, and activists arise due to the war.
The working group established under Parliament has prepared a legislative package to regulate this issue in Ukrainian law. It has taken into account Council of Europe Recommendation CM/Rec(2024)2 and EU Directive 2024/1069, and consists of the main draft law together with amendments to a number of codes and laws.
The National Council considers the issue of introducing anti-SLAPP legislation as part of its mandate, said Oleksandr Burmahin in his speech, and therefore the regulator will continue to devote significant attention to it.
“In a world where violence, intolerance, populism, and various phenomena destructive to democracy are on the rise, the media, activists, and civil society become one of the targets, as they are part of the foundation of democracy.” Therefore, it is extremely important to ensure their protection.
The introduction of anti-SLAPP mechanisms will have a cross-cutting impact on the media environment itself, in particular by fostering media pluralism, Oleksandr Burmahin believes.
“When there is an understanding of reliable legal protection and the availability of effective instruments, it adds confidence and allows for more courage in addressing complex and sensitive issues,” he said.
The National Council member drew attention to the fact that, following the adoption of anti-SLAPP legislation, its implementation will require considerable effort. The media regulator is ready to contribute to this process through communication, by providing platforms in the regions, and by offering its expertise. He stressed that it is necessary to do everything possible not to lose momentum and synergy in this process.
At present, the working group is finalizing the proposals submitted during the public consultation to the legislative package. A positive assessment of these developments has already been received from the Council of Europe, and an evaluation of the newly established legislative framework is expected from the OSCE. At the end of May, the working group plans to present the final version of the legislative novelties. After that, the draft law will be submitted to the Verkhovna Rada for registration.
The legislative package of amendments aimed at preventing the abuse of lawsuits provides for:
- Draft Law “On the Protection of Persons Engaged in Public Participation from Manifestly Unfounded Claims or Abuse of Legal Proceedings”, as well as amendments to:
- the Civil Procedure Code of Ukraine;
- the Commercial Procedure Code of Ukraine;
- the Law of Ukraine “On Free Legal Aid”;
- the Law of Ukraine “On Ensuring Security of the Persons who Participate in Criminal Legal Proceedings”;
- the Law of Ukraine “On the Ukrainian Parliament Commissioner for Human Rights”;
- the Law of Ukraine “On Private International Law”;
- the Law of Ukraine “On Court Fees.”
The working group included representatives of civil society organizations, the academic community, state and non-state institutions, international partners, and those actors who will subsequently implement the new legislative requirements.
The work on creating anti-SLAPP legislation has become possible thanks to the support of the Council of Europe. This organization has been providing systematic, consistent support for reforms in Ukraine for many years, for which the regulator is sincerely grateful.
