Head of the School of Law at the University of Aberdeen and Co-Convenor of the Anti-SLAPP Research Hub has addressed members of the European Parliament on the implementation of the EU Anti-SLAPP Directive.
Professor Justin Borg-Barthet warned that significant gaps remain in the protection of journalists, campaigners and others targeted by abusive legal action.
Speaking before the European Parliament's Committees on Legal Affairs (JURI) and Civil Liberties, Justice and Home Affairs (LIBE), Professor Borg-Barthet reflected on the landmark adoption of the Directive, which aims to protect individuals and organisations participating in public debate from Strategic Lawsuits Against Public Participation (SLAPPs).
While describing the Directive as a significant achievement, he cautioned that implementation across EU Member States has been uneven.
"Many countries failed to transpose the Directive by the deadline, and several of those that did adopted only minimal compliance measures," said Professor Borg-Barthet. "This points to an ongoing failure to appreciate the scale of the threat that SLAPPs pose to democracy, public participation, media freedom and the rule of law."
A key concern highlighted during the hearing was the treatment of domestic SLAPPs. Professor Borg-Barthet noted that while the Directive adopts a broad definition of cross-border matters, the distinction between domestic and cross-border cases risks creating legal uncertainty and reducing access to effective remedies for those facing abusive litigation.
Drawing on and contrasting recent legislative developments in Malta and Belgium, he outlined how wider consultation with stakeholders and more ambitious legislative reforms can lead to stronger and more effective protections against SLAPPs.
Professor Borg-Barthet also stressed that legal reform alone will not be sufficient. Alongside fellow Flutura Kusari (Senior Legal Adviser, European Centre for Press and Media Freedom) and Pia Lindholm (Deputy Head of Unit, European Commission Directorate General for Justice and Consumers), he emphasised the importance of ensuring that judges, lawyers, journalists, civil society organisations and the wider public understand both the operation and significance of anti-SLAPP protections.
Looking ahead, he called for stronger scrutiny of judicial decision-making, increased training and public awareness, and further legislative reform, particularly in criminal and administrative contexts. He argued that effective anti-SLAPP frameworks require robust remedies, meaningful sanctions and procedural mechanisms that enable abusive claims to be dismissed at an early stage.
Professor Borg-Barthet said: "It is becoming increasingly clear that the fight against SLAPPs did not end with the adoption of the Directive. Considerable work remains to ensure that those who speak out in the public interest are adequately protected."
The University of Aberdeen's School of Law has played a leading role in international anti-SLAPP research and policy development through its work with the Anti-SLAPP Research Hub, contributing expertise to legislative and policy discussions across Europe.