The EU Anti-SLAPP Directive: (Un) Founded Optimism?

Abstract

In April 2024 the EU adopted the Anti-SLAPP Directive which needs to be transposed by 7 May 2026. Strategic Lawsuits against Public Participation (SLAPPs) target public watchdogs such as journalists and NGOs who express themselves on matters of public interest. The primary objective of these lawsuits is not to win the case but to intimidate victims of SLAPPs with the threat of a procedure’s high financial and psychological costs. This produces a ‘chilling effect’ on public discourse. The EU Anti-SLAPP Directive provides for strong safeguards, yet SLAPPs remain difficult to recognize as such by victims, courts and legal practitioners. This article uses the concept of legal opportunity structures to assess the potential de facto effectiveness of the Directive, focusing on the perspective of defamation SLAPP victims. It argues that a clear definition of SLAPP indicators and explicit provisions are crucial for enabling victims to effectively leverage the remedies established under the Directive. Furthermore, strategic litigation and Anti-SLAPP civil society organizations play a vital role in ensuring the Directive’s practical impact.