On 7 May 2026, Commissioner Michael McGrath, responsible for Justice, addressed a high-level event on combating strategic lawsuits against public participation (SLAPPs), marking the transposition deadline for the EU's Anti-SLAPP Directive. He urged Member States that have not yet completed their legislative work to redouble efforts and warned that the Commission will stand firm on enforcement as needed. McGrath highlighted that the deadline falls nearly nine years after the murder of Maltese journalist Daphne Caruana Galizia, who faced 48 lawsuits at the time of her death.
McGrath detailed the scale of the problem, citing a report by the Coalition Against SLAPPs in Europe that recorded over 1,300 SLAPP cases across Europe since 2010, with nearly 10% opened in 2024 alone. He noted that while most cases use defamation laws, an increasing number employ other legal avenues such as data protection, privacy, personality rights, intellectual property, and commercial law. The targets are most frequently journalists, followed by media outlets, activists, editors, and NGOs, often targeted simultaneously to amplify pressure.
The Commissioner traced the EU's response to SLAPPs, beginning with the European Parliament's call for action in 2021 and the Commission's Anti-SLAPP Package in 2022, which included a Recommendation and a Directive covering cross-border cases. The Directive, agreed by co-legislators, introduced early dismissal mechanisms, safeguards against abusive tactics, security for costs, and the right to compensation. McGrath noted that more than 90% of SLAPP cases are domestic, and encouraged Member States to extend protections to domestic cases, as some have already done.
McGrath also referenced the European Democracy Shield presented in November 2025, which reinforced commitments to protecting journalists, and the first-ever EU Strategy for Civil Society, which aims to support and empower organisations. He highlighted the renewed Expert Group on SLAPPs that will support implementation and facilitate exchange of practices. The speech did not introduce new concrete proposals or numerical targets but reaffirmed existing commitments and called for ambitious transposition, urging Member States to also consider the Commission's and Council of Europe's Anti-SLAPP Recommendations.
The policy orientation of the speech is towards strengthening protections for journalists and civil society against abusive litigation, with an emphasis on enforcement and implementation. McGrath's tone was firm but not confrontational, urging cooperation while warning of consequences for non-compliance. The speech did not address foreign policy aspects.
Stakeholder impact: For journalists and civil society actors, the directive's implementation could reduce the chilling effect and financial burden of SLAPPs, though domestic protections remain uneven. For Member States, transposition requires legislative effort and potential extension to domestic cases, which may face political resistance. For the legal profession, training on identifying abusive litigation will be needed. For corporate and state actors who have used SLAPPs, the directive may limit their ability to intimidate critics, potentially reducing a tool for silencing scrutiny.