Better protection against SLAPPs in the Netherlands: targets get their legal costs reimbursed and the threshold to start a SLAPP case becomes higher

This month Free Press Unlimited offered a petition to the Dutch Parliament calling for better protection of public watchdogs against legal intimidation. Free Press Unlimited (FPU), partner within the MFRR coalition, has been pushing for better protection for several years and published a report already in 2024 on the increased legal pressure on Dutch journalists.

On 2 July, a broad coalition of parties in the Dutch Parliament adopted a new law and voted in favour of:

• Reimbursements of all legal costs made by targets from SLAPPs;
• Enabling targets to ask for a guarantee: the judge can oblige the initiator of the SLAPP case to put financial compensation aside for expected procedural costs and compensation of damages of the target.

These measures do not only ensure that SLAPP targets are finally being compensated, but also that initiating a SLAPP case is becoming harder.

FPU also requested the Parliament to ensure these safeguards apply not only to cross-border SLAPP cases, but also SLAPP cases of a purely domestic nature. In fact, across Europe, more than 90% of SLAPP cases is domestic. In the implementation and transposition of the EU Anti-SLAPP directive, it is therefore essential to ensure safeguards are also applicable to national SLAPP cases. This is now also the case in the Netherlands, similar to Belgium, Poland and France.

We are extremely proud of this result and will continue to address SLAPP cases against all targets. Because who uncovers wrongdoings deserves protection, not a lawsuit.