The European Union has mandated member states to implement regulations countering SLAPP (Strategic Lawsuits Against Public Participation). Poland has joined this initiative, with the Ministry of Justice’s Civil Law Codification Commission preparing an anti-SLAPP bill. Attorney Tymoteusz Paprocki explains the key details.
What is SLAPP?
“SLAPP refers to lawsuits filed by authorities, public officials, or large corporations against media outlets, associations, foundations, and NGOs. The purpose of these lawsuits is not to protect the claimant’s reputation but to intimidate and silence criticism,” explains attorney Tymoteusz Paprocki.
“In Poland, this practice gained prominence in recent years under the previous administration, which frequently used SLAPP lawsuits as a tool to limit media freedom and restrict the activities of non-governmental organizations.”
Key Provisions of the Anti-SLAPP Bill
The proposed anti-SLAPP legislation aims to protect freedom of speech and the right to criticize by introducing mechanisms for courts to swiftly dismiss groundless lawsuits. The bill’s main provisions include:
- Early Dismissal of Groundless Lawsuits:
Courts will have the authority to dismiss a lawsuit at an early stage if it is deemed obviously groundless. This means lawsuits intended to intimidate rather than seek legitimate legal protection will not lead to costly litigation. - Security Deposits for Legal Costs:
Plaintiffs may be required to pay a security deposit to cover legal costs. This ensures that defendants have financial resources for legal assistance if the plaintiff loses the case. - Financial Penalties for Abusive Lawsuits:
Courts will be able to impose additional financial penalties for lawsuits deemed to be a form of procedural harassment. The maximum penalty could reach 400,000 PLN, discouraging abuse of the legal system.
Challenges and Controversies
While the proposed regulations aim to protect freedom of expression, some aspects are contentious.
- Assessing the Legitimacy of Lawsuits:
Cases involving personal rights violations often require in-depth contextual analysis. There is a risk that early dismissal mechanisms may be applied too cautiously, reducing their effectiveness. - Nature of Penalties:
The penalties proposed are neither fines under civil law nor criminal penalties, raising potential constitutional concerns. - Limited Scope:
The bill applies only to media organizations and NGOs, leaving business owners unprotected, despite them being potential targets of procedural harassment. “Broadening the scope to include other groups, such as entrepreneurs, should be considered to create a more comprehensive reform,” suggests Paprocki.
Extending Protection to Individuals
The introduction of anti-SLAPP legislation could help reduce practices aimed at intimidating and silencing the media and NGOs. Mechanisms such as the early dismissal of groundless lawsuits and security deposits are steps in the right direction, though their success will depend on judicial implementation.
However, for the reform to be truly impactful, its scope must be expanded to protect other groups, such as business owners, who may also face legal abuse.
“Ensuring broader coverage is essential for creating a legal framework that effectively prevents procedural harassment across all sectors,” concludes Paprocki.
Source: ManagerPlus
