German Government Unveils Draft Anti-SLAPP Legislation: Progress with Room for Improvement
The German Federal Ministry of Justice has released a comprehensive draft bill to implement the EU's Anti-SLAPP Directive, marking a significant step forward in protecting journalists, activists, and civil society organizations from strategic lawsuits designed to silence public participation. The proposed legislation, which must be enacted by May 2026, goes beyond the minimum requirements of the European directive and offers meaningful protection for those facing intimidation through abusive litigation.
The draft creates a robust framework within Germany's civil procedure code that would fundamentally change how courts handle cases involving public participation. Under the new provisions, courts would be required to fast-track suspected SLAPP cases and could demand that plaintiffs provide upfront security for legal costs, shifting the financial burden away from defendants who are often outmatched by well-funded adversaries. The legislation also establishes the possibility of imposing special court fees on SLAPP plaintiffs as sanctions and allows defendants to recover attorney fees beyond standard rates when they successfully defend against abusive litigation.
Particularly noteworthy is the government's decision to extend protection beyond the EU directive's scope to include purely domestic cases, ensuring that no gap exists in coverage based on the international nature of disputes. This comprehensive approach recognizes that intimidation tactics know no borders and that protection should be universal regardless of whether cases involve cross-border elements. The legislation also establishes clear criteria for identifying SLAPP cases, including indicators such as disproportionate claims, parallel proceedings, and obvious intimidation tactics.
Blueprint for Free Speech, which runs the German “No SLAPP Anlaufstelle” - a project bringing together six actors from civil society to enable those affected by SLAPP - appreciates this draft as it represents validation of years of advocacy work documenting the growing threat of strategic litigation in Germany. The European project “PATFOX - Pioneering Anti SLAPP Training for Freedom of Expression”, which was conducted Europe-wide and shaped by Blueprint in Germany, and the detailed case studies and support provided via the Anlaufstelle have helped build the awareness and evidence base that informed this legislative response. The provision allowing third-party organizations to intervene in SLAPP proceedings creates new opportunities for the Anlaufstelle and partner organizations to provide expertise and support directly within court proceedings, amplifying the impact of individual case support.
However, the draft also reveals the limits of working within existing legal frameworks. While the legislation addresses procedural aspects of SLAPP cases effectively, it fails to tackle some of the structural problems that enable strategic litigation in the German legal system. The notorious "flying jurisdiction" rule that allows plaintiffs to shop for favorable courts remains untouched, despite being identified as a key enabler of SLAPP tactics. Similarly, the legislation does not address the high damage awards and inflated case values that make German courts attractive venues for intimidation lawsuits, nor does it regulate the costs of cease-and-desist letters that serve as common precursors to formal litigation.
The draft's focus on reactive measures, while important, highlights the continued need for preventive approaches that the Anlaufstelle has championed. The legislation provides no framework for systematic monitoring of SLAPP trends, ongoing support for affected organizations, or educational initiatives to build awareness among legal practitioners and potential targets. These gaps underscore the continued relevance of civil society organizations in providing comprehensive anti-SLAPP support that extends beyond what legal frameworks alone can achieve.
As Germany moves toward implementing this legislation, the experience and insights of Blueprint and its partners will remain crucial in ensuring that the new protections translate into meaningful relief for those facing strategic litigation. The organization's documentation of cases, support for affected individuals, and advocacy for comprehensive reform provide essential context for understanding both the potential and limitations of this legislative response. While the draft law represents important progress, the ongoing work of building awareness, providing direct support, and pushing for additional reforms remains as relevant as ever in the fight against litigation abuse.
The German approach may serve as a model for other European nations implementing the EU directive, but its ultimate effectiveness will depend on how courts interpret and apply these new tools. The continued engagement of civil society organizations in monitoring implementation, supporting affected individuals, and advocating for further improvements will be essential to realizing the full potential of these new protections for democratic participation and press freedom - and will require more state-funding than intended by the draft legislation.