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17.07.2025 ·  Peter Bernscherer  ·  Share on Facebook  ·  Share on X (Twitter)

For democracy and freedom of expression – against intimidation charges

For democracy and freedom of expression – against intimidation charges

The Association PCs für alle supports the open letter of the Austrian Civil Society Network (ÖNZ) www.oenz.at to the Federal Government to consistently implement the anti-SLAPP guidelines of the EU and the Council of Europe.

SLAPP lawsuits (Strategic Lawsuits Against Public Participation) threaten freedom of expression and thus democracy. Civil society organizations, committed individuals, and journalists who expose abuses are increasingly becoming targets of such intimidation lawsuits – including in Austria.

A particularly shocking example of this is the case of Petar Rosandic, founder of the NGO SOS BalkanrouteDue to his humanitarian and public service work for refugees, he was hit with a SLAPP lawsuit. Had this lawsuit been successful, it would have financially ruined – and silenced an important civil society engagement.

Together with many other organizations, we demand:
Austria must finally and comprehensively implement the EU and Council of Europe guidelines against SLAPPs. Anyone who stands up for human rights and democracy must not be threatened with ruinous lawsuits.

And please remember that every person, every club, every company, every organization can be affected.

Link to the open letter: www.oenz.at/aktuelles

Article at Standard: www.derstandard.at/story/3000000279800/buendnis-fordert-von-regierung-massnahmen-gegen-slapp-klagen

Contribution by Dr. Maria Windhager to the lawsuit against SOS Balkan Route: medienrechtskanzlei.at/slapp-klage-rechtskraeftig-abgewiesen

Contents of the letter:

Open Letter for Freedom of Speech and Democracy - Effectively Implement Anti-SLAPP Guidelines 

Dear Members of the Federal Government, 

Democracy thrives on the openness of the voice – but this very thing is increasingly under threat. Across Europe, so-called SLAPP lawsuits (Strategic Lawsuits Against Public Participation) are on the rise. These are legal intimidation practices designed to silence journalists, civil society organizations, or individuals who voice criticism in the public interest. They cost those affected considerable time and money and often threaten their very existence. The consequences are dramatic: civil society and journalism can no longer operate freely for fear of inadmissible lawsuits (the chilling effect), public debate is restricted, and the danger of democracy and the rule of law being undermined grows. 

Those who express well-founded criticism, expose grievances, or expose abuses of power must not be intimidated by expensive and lengthy legal proceedings. This is precisely why it is crucial that the anti-SLAPP guidelines of the EU and the Council of Europe – EU Anti-SLAPP Directive for international cases (2024/1069, April 11.4.2024, 2022) – EU Anti-SLAPP Recommendation for national cases (758/27.4.2022, April 2024, 2) – COUNCIL OF EUROPE Anti-SLAPP Recommendation (CM/Rec (5.4.2024) XNUMX, April XNUMX, XNUMX) – are now implemented quickly, consistently, and effectively. By establishing clear, effective protection mechanisms, Austria not only has the opportunity to send a strong signal for democracy and freedom of expression, but can also serve as a model for other EU member states. Comprehensive protection mechanisms are necessary to decisively combat the SLAPP problem. The following legal measures are particularly important for this: I. Comprehensive protection even in 'merely' national cases. Protection against SLAPPs must apply in Austria to both national and international cases. Not least for reasons of equality, the recommendations of the EU Commission and the Council of Europe must also be implemented. II. Comprehensive protection in all areas of law. These measures must protect not only against civil intimidation practices, but also against criminal intimidation practices (e.g., slander, insult, or damage to reputation), since such private prosecution offenses also have enormous potential for intimidation. 

III. Comprehensive effective procedural safeguards/measures 

1. Severe sanctions with a deterrent effect Clear, severe and deterrent sanctions are needed for abusive lawsuits so that SLAPPs can no longer be viewed as a calculated risk for plaintiffs, but rather have tangible consequences. 

2. Full reimbursement of costs In SLAPP cases, it must be ensured that defendants are not left with the costs – all expenses, in particular pre-trial costs and actual legal fees (not merely reimbursement based on the standard rate), must be borne by the abusive plaintiff. 

3. Possibility of early termination of proceedings. Effective measures are needed to counteract protracted, abusive proceedings and the associated potential for intimidation. Courts should be able to dismiss cases at any stage if and when they determine an abuse of rights. 

4. Access to effective legal aid for those affected In order to counteract the structural power imbalance between plaintiffs, who are generally financially strong, and defendants, who are financially weaker, uncomplicated access to sufficient financial and legal aid is needed. 

5. Assistance in court proceedings Organizations with a legitimate interest (e.g. journalists' associations, interest groups, or civil society institutions) should be given the opportunity to support, protect, or promote SLAPP defendants in proceedings. This includes, in particular, providing information or participating in court proceedings. Only strong and consistent implementation can prevent critical journalism and democratic, civil society engagement in the public interest from being undermined by legal intimidation practices. The EU and Council of Europe guidelines on SLAPPs provide the necessary foundation – the Austrian government must implement them urgently, quickly, and consistently to protect liberal democracy based on the rule of law. We therefore call on the Austrian federal government to work together for the rapid and strong implementation of the European guidelines. 

Sincerely yours, 

the signatory organizations: 

● Austrian Civil Society Network (ÖNZ) 

● Concordia Press Club 

● GPA union 

● Association of Free Broadcasters Austria