Autore
Benvenuti, Edoardo

Titolo
Azioni strategiche tese a dissuadere la partecipazione pubblica e tutela delle libertà di espressione e informazione nel diritto internazionale privato dell’Unione europea
Periodico
Freedom, security & justice (Online)
Anno: 2024 - Volume: 1 - Pagina iniziale: 130 - Pagina finale: 172

In the European context, we are witnessing the spread of so-called "Strategic Lawsuits Against Public Participation" (or "SLAPPs"), i.e. court proceedings that are initiated with the intention of protecting an individual's reputation from defamatory content, but that are actually aimed at jeopardising the future exercise of the right to freedom of expression and of information of journalists and other individuals engaged in public participation. Moreover, since harmful contents are usually published through the Internet, the plaintiff is entitled to take advantage of the solutions that the Court of Justice of the EU has developed with regard to jurisdiction under Regulation (EU) No. 1215/2012 in order to ensure broad access to justice for the victims of online defamation, by initiating multiple proceedings in different Member States. In light of these premises, this paper seeks to assess the concrete impact and adequacy of the relevant EU private international law instruments with respect to the protection of the right to freedom of expression and of information and, in particular, whether the solutions provided by Regulation (EU) No. 1215/2012 and Regulation (EC) No. 864/2007 represent fertile ground for the proliferation of SLAPPs in Europe. Then, the paper analyses the content of the future "anti-SLAPP directive", which aims at offering a response to such issues through minimum substantive and procedural harmonisation, as well as through the introduction of specific private international law rules.



SICI: 2532-2079(2024)1<130:ASTADL>2.0.ZU;2-9
Testo completo: https://www.fsjeurostudies.eu/files/FSJ.1.2024.6.BENVENUTI.pdf

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