European Election candidates must declare they will not sue on matters of public interest – Doherty

Candidates contesting the 2024 European Elections should declare that they will not resort to litigation when they are criticised or challenged on matters of public interest, a Fine Gael Senator has said.

Regina Doherty said all candidates should confirm their support for a law on anti- SLAPP (strategic lawsuits against public participation) which was recently adopted by the European Council and is aimed at protecting persons who speak out on public interest issues.

Senator Doherty, Fine Gael European election candidate for Dublin, said: “The use of legal action by Sinn Féin figures to challenge and potentially suppress media professionals has raised justifiable concerns, not only about the chilling effect such action could have on the democratic process, but also on the abuse of certain legal mechanisms.

“In Ireland, through the Defamation Bill, we are introducing provisions for preventing strategic lawsuits against public participation (SLAPPs) from exercising a ‘chilling effect’ on freedom of expression, and particularly, on investigative journalism or public debate on issues of public interest.

“The legislation will develop the use of alternative dispute resolution processes and solutions to streamline and reduce costs, and avoid defamation being perceived as a ‘rich man’s law’.

“In March, the European Council also adopted a law to protect people targeted by SLAPPs, who are typically journalists and human rights defenders.

“Individuals targeted by SLAPP cases can ask the court to dismiss a manifestly unfounded claim at the earliest possible stage, and the court can decide that the claimant must bear the costs of the proceedings, including the costs of legal representation incurred by the SLAPP victim.

“Once this directive enters force, member states have two years thereafter to transpose it into national legislation.

“As outlined in our European election manifesto, Fine Gael is committed to ensuring this anti-SLAPP law is fully implemented in Ireland and across the EU and to see if further measures are required. Our overhaul of defamation laws domestically is also poised to give courts the power to address this damaging litigation.

“Politics and democracy is undermined by those who seek to suppress public debate and resort to legal action as a first form of defence.

“I would call upon all European Election candidates to declare their support for anti-SLAPP laws and to affirm that they will not pursue journalists, politicians or other parties, through the courts when met with opposition on their performance or on public interest matters,” Senator Doherty said.

Regina Doherty said all candidates should confirm their support for a law on anti- SLAPP (strategic lawsuits against public participation) which was recently adopted by the European Council and is aimed at protecting persons who speak out on public interest issues.

Senator Doherty, Fine Gael European election candidate for Dublin, said: “The use of legal action by Sinn Féin figures to challenge and potentially suppress media professionals has raised justifiable concerns, not only about the chilling effect such action could have on the democratic process, but also on the abuse of certain legal mechanisms.

“In Ireland, through the Defamation Bill, we are introducing provisions for preventing strategic lawsuits against public participation (SLAPPs) from exercising a ‘chilling effect’ on freedom of expression, and particularly, on investigative journalism or public debate on issues of public interest.

“The legislation will develop the use of alternative dispute resolution processes and solutions to streamline and reduce costs, and avoid defamation being perceived as a ‘rich man’s law’.

“In March, the European Council also adopted a law to protect people targeted by SLAPPs, who are typically journalists and human rights defenders.

“Individuals targeted by SLAPP cases can ask the court to dismiss a manifestly unfounded claim at the earliest possible stage, and the court can decide that the claimant must bear the costs of the proceedings, including the costs of legal representation incurred by the SLAPP victim.

“Once this directive enters force, member states have two years thereafter to transpose it into national legislation.

“As outlined in our European election manifesto, Fine Gael is committed to ensuring this anti-SLAPP law is fully implemented in Ireland and across the EU and to see if further measures are required. Our overhaul of defamation laws domestically is also poised to give courts the power to address this damaging litigation.

“Politics and democracy is undermined by those who seek to suppress public debate and resort to legal action as a first form of defence.

“I would call upon all European Election candidates to declare their support for anti-SLAPP laws and to affirm that they will not pursue journalists, politicians or other parties, through the courts when met with opposition on their performance or on public interest matters,” Senator Doherty said.