Malta Transposes EU Anti-SLAPP Directive into National Law

Malta has officially transposed the EU's anti-SLAPP directive, becoming the first Member State to do so. The Strategic Lawsuits Against Public Participation (SLAPP) Order, 2024, aims to prevent abusive lawsuits designed to silence public participation. The order, introduced by means of Legal Notice 177 of 2024, mirrors the EU directive by introducing key measures, including security for costs, early dismissal of unfounded claims, and penalties for abusive litigation, while also ensuring legal aid for defendants.

What Makes a SLAPP a SLAPP?

A SLAPP (Strategic Lawsuit Against Public Participation) targets individuals or organizations specifically because of their engagement in public participation. These lawsuits are not genuinely intended to resolve legal disputes but are instead used as a tactic to intimidate, silence, or financially burden the defendants. The primary goal is to discourage public participation and free expression by exploiting the legal process.

In terms of the said Legal Notice, abusive court proceedings are those that aim to prevent or penalise public participation, often exploiting an imbalance of power. Key characteristics, as specified in the said law, include:

• Disproportionate Claims: Excessive or unreasonable claims, such as inflated dispute values.
• Multiple Proceedings: Filing numerous lawsuits on similar issues to overwhelm the defendant.
• Intimidation and Harassment: Using threats or harassment, either before or during legal proceedings.
• Procedural Abuse: Employing delaying tactics, bad-faith forum shopping, or strategic withdrawal of cases to evade accountability.

These elements misuse the legal system to suppress public discourse and participation rather than seeking justice.

Key Features and Applications

1. Security for Costs: Courts may require plaintiffs to provide financial security to cover the defendant's potential legal expenses, deterring frivolous lawsuits and protecting defendants from undue financial burdens.

2. Early Dismissal of Unfounded Claims: The law allows for the prompt dismissal of manifestly unfounded cases, ensuring that defendants are not subjected to lengthy and costly legal proceedings over baseless allegations.

3. Penalties for Abusive Litigation: Plaintiffs found guilty of abusive litigation can be ordered to pay all legal costs and may face additional penalties up to €10,000. This serves as a deterrent against using the legal system to suppress public discourse.

4. Legal Aid for Defendants: The legislation provides for legal aid to individuals facing SLAPP suits, promoting access to justice regardless of financial means.

These provisions align closely with the EU directive's requirements, emphasizing the protection of public participation in matters of public interest, including freedom of expression and information. The law applies to civil and commercial cases with cross-border implications, excluding criminal matters and purely domestic disputes. The consistent application of these measures across EU Member States ensures a unified approach to combating SLAPPs and upholding democratic values.

Conclusion

Malta's implementation of the EU anti-SLAPP directive marks a significant step in protecting public participation and free speech within the European Union. By closely aligning with the directive, Maltese law provides comprehensive safeguards against the misuse of legal proceedings to silence critics, setting a precedent for other Member States. This harmonized legal framework enhances the protection of fundamental rights across the EU, fostering a robust environment for democratic engagement and public debate.