REPORTS
Journalists’ Union condemns increasing phenomenon of lawsuits against journalists by political figures
On May 17, 2021, the Journalists’ Union of Athens Daily Newspapers issued a statement denouncing the increasing number of lawsuits filed against journalists by political figures.
The announcement was prompted by lawsuits filed against journalists of the newspaper Dimokratia and the website aftodioikisi.gr.
Issues arising from the public ethics code of conduct for journalism, as set out in the 1998 General Assembly of the Union and the International Federation of Journalists’ Global Charter of Journalistic Ethics, should not be resolved in the courtroom, the Union stated.
The Union also reports that, through the European Federation of Journalists (EFJ), it has been involved in discussions at the EU level to address the phenomenon of SLAPP lawsuits (Strategic lawsuits against public participation). The aim of these strategic lawsuits is to silence critics (civil society members and organisations, media and journalists) by means of moral and financial exhaustion.
“The misuse of legal procedures to intimidate and silence journalists is becoming a scourge against press freedom internationally,” concludes the statement.
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.
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).”
In November 2021, the European Parliament also voted in favour 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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