State Secretary Struycken:
“The contribution of journalists, human rights organizations, and scientists to the public debate is indispensable in a strong rule of law. This contribution should not be hindered by lengthy and costly lawsuits. Participants in the public debate must be able to defend themselves against this; otherwise, there is a serious risk that people will be silenced through legal means. With this legislation, we increase awareness of the possibilities to act against the silencing of these voices in the public debate.”
Anti-SLAPP Directive
The European Anti-SLAPP Directive (2024/1069) obliges EU member states to take measures to better protect individuals and organizations participating in the public debate against cross-border lawsuits aimed at silencing them. The directive includes procedural safeguards and measures against unfounded claims and unlawful judicial procedures in civil matters. Dutch civil (procedural) law already complies with most measures from this directive, such as the possibility to dismiss a request as inadmissible as early as possible in a procedure. The submitted implementation bill also introduces the final amendments to comply with the directive. The bill allows the defendant to ask the judge for a security from the plaintiff. With that security, the payment of legal costs and damages can be guaranteed in case the judge rules that the procedure is a SLAPP.
The implementation bill has been consulted and then submitted for advice to the Council of State. The Council of State has indicated that it has no comments. Now it is up to the House of Representatives and then the Senate to deal with the bill. The directive must be transposed into national legislation by May 7, 2026, at the latest.