SLAPP lawsuits against journalists: how Ukraine will implement European protection rules
In Ukraine, the issue of SLAPP lawsuits, which are used by politicians to pressure journalists and activists, is being actively discussed. These often unfounded lawsuits aim to intimidate the media and limit freedom of speech. In light of such challenges, the European Union has developed legislation aimed at blocking SLAPP lawsuits, and Ukraine is also considering the possibility of implementing anti-SLAPP legislation.
In December 2023, a working group meeting took place in Ukraine focused on developing legislative mechanisms to combat SLAPP attacks. It is expected that a new bill may emerge in January-February 2024. However, as noted by Yaroslav Yurchyshyn, the head of the freedom of speech committee, finding votes in the Verkhovna Rada to support this legislation could be difficult. One of the solutions is to give judges the ability to dismiss such cases at an early stage if they are obviously unfounded, as stated by Yevgenia Kravchuk.
Instances of SLAPP lawsuits in Ukraine
There have already been cases in Ukraine where SLAPP lawsuits were used to pressure journalists. In particular:
- Andriy Portnov initiated lawsuits against journalists, demanding UAH 192,000 in compensation for legal assistance, and in the appeal, this amount increased to UAH 400,000.
- The TechnoTorg group of companies filed a lawsuit against journalist Mariyana Metelytska for UAH 750,000.
- Cases related to the Hladkovskys have been considered for over four years, indicating the duration and complexity of such judicial processes.
According to plans, Ukraine is obliged to implement anti-SLAPP legislation by 2027. Amendments to civil and commercial procedural legislation must be made by the end of 2026. As Yaroslav Yurchyshyn noted, the true essence of European integration lies in protecting those who publicly advocate for the public interest and speak the truth.
The introduction of anti-SLAPP legislation in Ukraine is an important step in the fight for freedom of speech and the protection of journalists from unfounded lawsuits. It also aligns with Ukraine's commitments to the European Union regarding human rights and media freedom. The development of such mechanisms can significantly reduce pressure on journalists and activists, creating a safer environment for their work and expression of opinions. It is expected that the adoption of new legislation will lead to a reduction in abuses within the judicial system and protect the truth and the public interest.