German Justice Minister Stefanie Hubig Proposes New Law to Combat Strategic Lawsuits Against Public Participation
Germany’s Justice Minister, Stefanie Hubig, has announced a new law aimed at combating strategic lawsuits against public participation, a form of legal harassment that stifles freedom of expression. The new law, set to be published on Friday, targets so-called “Einschüchterungsklagen” or SLAPPs, which are designed to silence individuals and organizations critical of certain issues.
SLAPPs, or Strategic Lawsuits Against Public Participation, are characterized by baseless lawsuits that aim to intimidate and deter individuals from exercising their right to free speech and public participation. According to Hubig, these lawsuits are a threat to the free public opinion-forming process, as they can distract individuals and organizations from their legitimate activities and force them to spend significant resources on legal defense.
The new law, which is in line with a European Union directive, will allow courts to impose sanctions on plaintiffs who bring frivolous lawsuits. For instance, the court can impose higher fees on the plaintiff or even impose a special court fee as a form of punishment. The law also aims to expedite the legal process and ensure that the defendant is compensated for the costs of defending against the baseless lawsuit.
Hubig emphasized that the new law does not aim to restrict the right to bring a lawsuit, but rather to prevent the misuse of the legal system to silence those who exercise their right to free speech and public participation. The German government believes that the new law will better protect the freedom of expression and opinion in the country.