Malta transposes EU's anti-SLAPP directive into law

Government has transposed the EU’s anti-SLAPP directive, patting itself on the back for being the first EU member state to transpose the law.

The directive was transposed while anti-SLAPP provisions proposed by the Media Experts Committee have been sitting on government’s lap for over a year.

This directive, now transposed under the European Union Act, Chapter 460, seeks to prevent the misuse of legal systems to silence critics and stifle public discourse.

The directive introduces several key safeguards and remedies which apply to civil or commercial matters with cross-border implications and include provisions for interim and precautionary measures as well as counterclaims.

The directive specifically targets abusive court proceedings—commonly known as Strategic Lawsuits Against Public Participation (SLAPPs)—which are initiated not to legitimately assert a right but to intimidate or penalise individuals for their public participation. Such proceedings often exploit power imbalances to suppress free speech and critical reporting.

Under the directive, courts may require plaintiffs to provide security for the estimated costs of the proceedings, discouraging frivolous claims. If a court determines that a claim is manifestly unfounded, it can dismiss the case early, sparing defendants from protracted legal battles.

Additionally, should the court deem the proceedings abusive, it can order the plaintiff to cover all legal costs incurred by the defendant. A dissuasive penalty of up to €10,000 may also be imposed on the plaintiff.

Individuals facing such proceedings are entitled to legal aid, as outlined in the Code of Organisation and Civil Procedure.

Justice minister Jonathan Attard said the next phase involves launching a public consultation on the report by the Media Expert Committee, aimed at further strengthening the legal framework to support media freedom and journalism in Malta.