On December 22, a roundtable discussion titled “The Future of Anti-SLAPP Legislation in Ukraine: Presentation of the Concept and Discussion” focused on how Ukraine will protect journalists and civil society activists from legal harassment at the legislative level. The event was jointly organized by the media regulator, the Committee of the Verkhovna Rada of Ukraine on Freedom of Speech, the NGO Human Rights Platform, with the support of a Council of Europe project and the national committees of UNESCO’s IFAP Programme, in cooperation with UNESCO’s International Programme for the Development of Communication (IPDC). The discussion was moderated by Oleksandr Burmahin, a member of the National Council.
“For Ukraine, the implementation of anti-SLAPP legislation is not just a formality required for EU accession, but a matter of the resilience of our democracy,” said Olha Herasymiuk, Chair of the National Council, in her opening remarks.
She noted that Ukraine is currently among 18 European countries working on such regulations. The issue of preventing strategic lawsuits against public participation is one of the priorities of the Council of Europe and receives significant attention from UNESCO. This has led to a pan-European consensus that using the courts to suppress public participation is unacceptable.
The recent EU enlargement report recorded Ukraine’s progress in the area of freedom of expression, noted Olha Herasymiuk. At the same time, it highlighted growing concerns about the persecution of journalists through SLAPP lawsuits.
“It is deeply regrettable when the response to criticism becomes a lawsuit, when such cases turn into a tool of pressure rather than a right to defend oneself. Anti-SLAPP legislation in Ukraine is a necessary step toward strengthening freedom of speech, trust in institutions, and our European future.”
A working group established under the Committee of the Verkhovna Rada of Ukraine on Freedom of Speech is developing mechanisms to counter strategic lawsuits against public participation in Ukrainian legislation. The group includes members of parliament, representatives of the National Council, the media industry, and civil society organizations. It has drafted a specialized bill as well as amendments to other legislative acts. In preparing these documents, experts relied on the EU directive and the Council of Europe’s recommendations on combating SLAPP lawsuits.
Yevheniia Kravchuk, Member of Parliament of Ukraine, emphasized the importance of addressing funding and financial guarantees when implementing anti-SLAPP standards. Court proceedings can be lengthy and require significant resources, which civil society activists and journalists often lack. This issue is relevant for many European media outlets that face strategic lawsuits. The Parliamentary Assembly of the Council of Europe also keeps this matter under constant review. The MP expressed her readiness to join the work on legislative acts in this area.
Tetiana Avdieieva, Senior Lawyer at the NGO “Digital Security Lab,” presented the experience of implementing anti-SLAPP standards in European countries. Meanwhile, Liudmyla Opryshko, media lawyer and attorney at the NGO “Human Rights Platform,” introduced the basic draft law prepared by Ukrainian experts. It includes:
- the definition of SLAPP;
- substantive grounds for early dismissal of lawsuits;
- guarantees for the protection of individuals targeted by SLAPP;
- grounds for compensation of damages, including material and moral harm caused by SLAPP;
- limitations on the amount of recoverable costs, among others.
Amendments to other legislative acts include introducing a separate chapter into procedural codes, as well as targeted changes to specific articles, said Olha Vdovenko, Director of Legal Department at NGO “Human Rights Platform”. This will be done through a separate draft law. The expert outlined a number of issues that the working group is still seeking answers to and therefore welcomes feedback and comments from specialists.
The biggest challenge in implementing anti-SLAPP legislation lies in procedural norms, according to Oleksandr Burmahin. He also believes that introducing updates and further engagement with various stakeholders in the process will require significant effort.
The draft laws will next undergo an expert review by the Council of Europe to ensure compliance with its recommendations. According to Yaroslav Yurchyshyn, Chairperson of the Committee of the Verkhovna Rada of Ukraine on Freedom of Speech, before the bills are submitted for registration in the Verkhovna Rada, the committee plans to hold broad public consultations. In addition, they will be discussed with stakeholders – state institutions, the judiciary, and international partners. There is hope that the acts will be registered in Parliament in the first quarter of 2026. Yurchyshyn also supported the idea of conducting additional training sessions for those employees who will work directly with the new anti-SLAPP provisions.
SLAPP lawsuits are a way of using legal instruments to silence or intimidate journalists, civil society activists, and human rights defenders when they investigate and speak out on issues of public importance that may be linked to the interests of other legal entities or individuals.
