On November 19, 2021, the Journalists’ Union of Athens Daily Newspapers (ESIEA) issued a statement expressing its support for journalist Stavroula Poulismeni and media outlet Alterthess who are being sued by an executive of the company “Hellenic Gold”.
The Union characterised the legal action as one intended to financially decimate both the outlet and the journalist concerned, with a demand for compensation of 100,000 euros, as well as imprisonment.
Law 1178/81 regulates the basic legal framework of lawsuits against journalists and the media (Government Gazette AD187/16.7.1981 – On civil liability of the press and other provisions). With its original provisions passed 40 years ago, this law does not contain provisions to protect against Strategic Lawsuits against Public Participation, so-called SLAPPs, which aim to intimidate and silence critical voices.
The failure to adopt an effective legal framework for dealing with SLAPP lawsuits effectively leaves the media, journalists and organisations vulnerable to abusive legal attacks by powerful politicians or large multinationals who have the financial means to litigate repeatedly against financially weaker media and journalists in order to silence them. This phenomenon ultimately harms the freedom of the press, which is protected by Article 14 of the Constitution.
In November 2021, the European Parliament also voted in favour. As such, the state must take immediate measures to protect against these abusive legal attacks. In fact, the need to adopt such measures is supported by both the European Commission and the European Parliament. The Commission is currently preparing a proposal for a directive to “protect journalists and human rights defenders in strategic lawsuits against public participation (SLAPP).”of a report calling for new rules within the EU, “to counteract the threat that Strategic Lawsuits Against Public Participation (SLAPPs) pose to journalists, NGOs and civil society in Europe.” SLAPPs, they say, are frivolous legal actions based on exaggerated and often abusive claims, aiming to intimidate and professionally discredit their targets, with the ultimate objective of blackmailing and silencing them. Among the measures proposed by the European Parliament is the establishment of rules on early dismissal by the courts so that abusive lawsuits can be stopped quickly based on objective criteria; the claimant should face sanctions if they fail to justify in what way their action is not abusive.
In a state that adheres to the rule of law, both individual rights and the freedom of the press are protected. Journalists have the right to practice their work freely and independently, without censorship or influence.
Despite the constitutional guarantee of the freedom of the press, an anachronistic legal framework in Greece leaves members of civil society and journalists unprotected from abusive legal attacks.
As advocated by both the European Commission and the European Parliament, measures must be adopted to protect journalistic investigation and the freedom of the press.
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