A roundtable discussion was held in Kyiv on June 25 on the topic of countering strategic lawsuits against public participation, better known by the acronym SLAPPs. The event was organized by the Committee of the Verkhovna Rada of Ukraine on Freedom of Speech, the National Council of Ukraine on Television and Radio Broadcasting, the National Committee of the UNESCO Information for All Programme (IFAP), and the NGO Human Rights Platform, with the participation of the National Committee for Cooperation with the UNESCO International Programme for the Development of Communication (IPDC).
For three hours, experts, representatives of state bodies, public organizations, and international institutions discussed existing challenges, opportunities for coordinating efforts, and resources for effectively countering SLAPPs in Ukraine.
The practice of filing defamation lawsuits dates back to the 13th century. However, it was in the 21st century that these lawsuits took on a new, strategic character. The concept of SLAPP entered the international discourse after the murder of Maltese journalist Daphne Caruana Galizia in 2017, who was known for her anti-corruption investigations. At the time of her death, 48 defamation cases were opened against her. Many media outlets, after the high-profile murder, began to delete materials for fear that they would be next. The story of the Maltese journalist became a catalyst for legislative changes in Europe, where SLAPPs began to be viewed as a threat to freedom of speech and democratic development. Subsequently, the Council of Europe issued recommendations on countering the use of strategic lawsuits against public participation. Over time, the European Parliament adopted a directive that sets minimum standards for the protection of journalists, human rights defenders, academics, and activists – all those involved in public discourse.
The Ukrainian context: a systemic threat to the media
The moderator of the event, member of the National Council Oleksandr Burmahin, reminded that today the topic of combating SLAPPs is one of the priorities of our colleagues in the Council of Europe. Recently, the first regional document aimed at combating this form of pressure on freedom of speech and journalistic activity was prepared there.
As noted by Yaroslav Yurchyshyn, the Chairman of the Verkhovna Rada Committee on Freedom of Speech, although SLAPP lawsuits are not a top problem for Ukraine, especially now, when the main challenge is Russian aggression with over 800 crimes against the media, it is also necessary to work with other threats. The parliamentarian recalled that the issue of SLAPPs is part of the European integration agenda. In accordance with the requirements of the European Media Freedom Act (EMFA), Ukraine must create effective legal mechanisms to protect journalists by 2027. A working group of more than 25 participants is already working on the relevant changes. The first draft laws are expected in the fall of 2025.
“Our task is not to wait until we are obligated. We must create our own model that will correspond to Ukrainian realities,” Yurchyshyn said.
The Chair of the National Council, Olha Herasymiuk, noted that currently there is no clear definition of SLAPP lawsuits in Ukrainian legislation. At the same time, certain safeguards are already included in the Law of Ukraine “On the Media”.
According to the chair of the National Council, legal persecution of journalists through the courts in Ukraine has deep historical roots and has long remained an effective tool of pressure.
Olha Herasymiuk also mentioned specific Ukrainian cases that have already become the subject of consideration by the European Court of Human Rights or have been dragging on for years, in particular the cases of journalists from “Nashi Рroshі”, “Dzerkalo Tyzhnia”, “KyivIndependent”, as well as the long-term persecution by Portnov, Medvedchuk, Semochko and other public figures.
“This is not a new threat: many cases initiated during the Yanukovych regime have been going on for years. Some of them live even after the death of the plaintiffs – such as the cases filed by Andrii Portnov. Courts continue to consider them, decisions are made, compensation is collected. Such actions are intended not only to punish a specific journalist, but also to “cool down” the activity of the entire media community. Particularly vulnerable are female journalists, media representatives of national and other minorities, and regional media – those who already face double discrimination,” emphasized Olha Herasymiuk.
The chair of the media regulator recalled that Ukraine is working on the issue of countering SLAPPs at both the national and international levels. In particular, a National Committee was recently established within the framework of UNESCO’s International Programme for the Development of Communication (IPDC), a unique initiative within the UNESCO structure.
“The IPDC Committees, along with the “Information for All” Programme (IFAP), in close cooperation with the National Council and its partners, will continue to promote this topic. The protection of journalists, in particular from SLAPPs, is our priority,” she noted.
Yevheniia Kravchuk, People’s Deputy of the Verkhovna Rada of Ukrainian and Head of the Subcommittee on Information Policy and European Integration, who joined the online roundtable, drew attention to the external dimension of the problem. According to her, Russia is actively using lawsuits against journalists abroad, particularly in Europe. An example is the persecution of Danish journalists investigating the Russian shadow fleet.
“Europeans officially pay for Russian gas, and these funds are returned in the form of lawsuits against journalists. This is a hybrid attack,” Kravchuk noted.
She also highlighted the problem of “lawsuit tourism,” when Ukrainian businessmen file lawsuits in foreign courts against media outlets with the aim of exerting pressure and silencing investigations.
The discussion also featured remarks by Member of Parliament Yevhen Bragar, media lawyers from the Human Rights Platform NGO and the Digital Security Lab NGO, as well as legal experts and representatives of the Council of Europe.
The roundtable participants agreed that Ukraine needs to quickly adopt legislation that meets European standards. This includes mechanisms for filtering unfounded lawsuits, compensation for expenses, and special protection for vulnerable groups of journalists. Given that Ukraine is obliged to implement the European Media Freedom Act (EMFA) by 2027, and the issue of combating SLAPPs is included in the European Integration Roadmap on the Rule of Law for 2026, relevant legislative amendments should be adopted.
“This issue cannot remain declarative. It’s not just about freedom of speech – it’s about democracy as a whole,” Olha Herasymiuk concluded.
Reference:
SLAPPs (Strategic Lawsuits Against Public Participation) are lawsuits aimed not at protecting honor or business reputation, but at pressuring journalists, civil society activists, and human rights defenders by draining their resources and silencing critical voices. Recognized in Europe as a threat to freedom of expression, they have become the subject of specific recommendations by the Council of Europe and legislative initiatives by the EU.
