BMJV strengthens protection against intimidation claims: New weapons against SLAPP proceedings

The Federal Ministry of Justice implements EU directive and provides courts with better instruments against abusive lawsuits.

Journalists and NGOs get more legal protection

Anyone who reports critically or expresses uncomfortable opinions should be better protected from strategic lawsuits in future. Dr. Stefanie Hubig's bill is aimed at so-called SLAPP proceedings ("Strategic Lawsuits Against Public Participation") - unfounded lawsuits that are intended to silence critical voices. The victims are often journalists, scientists or non-governmental organizations who are to be intimidated with costly proceedings. The problem: even hopeless lawsuits can achieve their goal through high legal fees and long proceedings. "Critical reporting, scientific and civil society engagement are fundamental to our democracy. We must not allow such voices to be suppressed with abusive lawsuits - just because they don't suit individuals," explains Federal Minister of Justice Hubig.

Germany extends EU requirements to national cases

The BMJV adopts the EU's Anti-SLAPP Directive largely unchanged, but goes one step further: while Brussels only covers cross-border situations, the new rules in Germany will also apply to purely national cases. The special regulations apply when plaintiffs pursue unfounded claims and mainly want to prevent public participation. This includes demonstrations, newspaper articles, social media posts or scientific publications.

Five new instruments for the courts

Faster proceedings: Courts must process suspected SLAPP cases as a matter of priority and on an accelerated basis in order to dismiss abusive claims as early as possible.

Advance payments: Defendants may require plaintiffs to deposit the anticipated costs of litigation - including opposing counsel's fees - in advance.

Full reimbursement of costs: Anyone who defends against a SLAPP claim will not only be reimbursed the statutory minimum fees, but all customary and reasonable legal fees.

Penalty fees: Courts can impose additional court fees on SLAPP claimants as a sanction - up to a maximum of the normal procedural fee.

Public judgments: Decisions of the higher courts must be published anonymously on the Internet in order to create transparency.

Comments possible until August

The draft bill is now being consulted by associations. The federal states, associations and other interested parties have until August 1, 2025 to submit their comments. These will then be published on the BMJV website. Experience from other countries shows that such anti-SLAPP laws may well be necessary. With its comprehensive approach, Germany could become a role model for other EU countries.