Germany cracks down on SLAPPs—but leaves domestic cases exposed
The German government has proposed a new law to combat intimidation lawsuits, often called SLAPPs, which are designed to silence critics by dragging them into costly legal battles. The proposed rules aim to make such lawsuits harder to pursue, especially in cross-border disputes involving foreign parties, as it follows an EU directive covering only cross-border conflicts. For example, if a non-German plaintiff like Donald Trump sued a German publisher, the new protections would apply. However, purely domestic cases, most SLAPPs in Germany, remain uncovered.
Courts will now have the power to impose extra fees on plaintiffs bringing abusive claims. They must also check whether lawsuits are clearly unfounded or exaggerated. Signs of abusiveness include inflated damage demands, multiple parallel lawsuits, or threats against defendants. The Justice Ministry believes the law will deter intimidation by making legal action more expensive for plaintiffs. Defendants, in turn, will find it easier to recover costs. Yet the impact on high-profile cases, such as Trump’s lawsuit against a German publisher, is expected to be mostly symbolic. Even without the new law, defendants can turn legal battles to their advantage. By rallying supporters, raising funds, and exposing the plaintiff’s motives, they can emerge stronger from the dispute.
The law introduces stricter rules for cross-border SLAPPs but leaves domestic cases unprotected. Courts will now assess whether lawsuits are abusive and can penalise plaintiffs with higher fees. The changes aim to shift the balance in favour of defendants facing intimidation tactics.
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