site.btaProposed Bill Seeks to Extend Anti-SLAPP Directive to Both Cross-Border and Domestic Cases

A bill to amend and supplement the Code of Civil Procedure proposes implementing Directive 2024/1069, widely known as the Anti-SLAPP Directive, not only in cases having cross-border implications but also in domestic proceedings, the Justice Ministry's press office told the Bulgarian News Agency (BTA). 

The bill, which aims to transpose Directive 2024/1069 on protecting persons who engage in public participation from manifestly unfounded claims or abusive court proceedings (‘Strategic lawsuits against public participation’) was prepared by a working group established by order of the Justice Minister. The bill is expected to be published for public consultation by the end of March. According to the Ministry’s press office, the transposition deadline—May 7, 2026—can no longer be met, given the time required for public consultation, reviewing feedback and opinions, submitting the bill for consideration, and its eventual adoption. Speaking in BTA’s podcast EU Lex BG, MEP and former journalist Elena Yoncheva said that Bulgaria has traditionally been among the countries with a high number of SLAPP cases against journalists and activists which makes the transposition critically important.

As of January 2026, almost no EU Member State has fully implemented the Anti-SLAPP Directive, Yoncheva noted, citing observations from the European Anti-SLAPP Monitoring Platform, which tracks the progress of European countries in applying the Directive. The platform monitors legislative changes related to SLAPP cases not only in EU countries, but also in Council of Europe member states, including the United Kingdom, Turkiye, Serbia, Ukraine, and Monaco. Out of 50 countries monitored with the help of NGOs, 17—including Bulgaria—have begun work on legislative changes, she added. Yoncheva noted that Malta is the only country identified as having partially introduced protections for journalists against SLAPPs. In Malta, sensitivity to the issue has been particularly high since the murder of Daphne Caruana Galizia in 2017. Yoncheva recalled that the investigative journalist—who had faced 48 SLAPPs—was killed in a car bombing, most likely linked to her work on an ongoing investigation into high-level corruption.
 
Another example cited by Yoncheva is Ireland, where the legislative process has already begun, but the draft law has faced criticism.

She also notes that even in Malta, the legislation provides protection only against SLAPP cases involving two or more EU Member States, and not against purely domestic cases.

The finalized Bulgarian bill - which is likely to be left for consideration by the next National Assembly - goes beyond the scope of the European directive, which applies only to civil or commercial cases with cross-border implications. Although the Directive requires rules only for cross-border proceedings due to their complexity and the challenges of legal protection in another jurisdiction, the Bulgarian proposal would extend protections to defendants even when both parties reside in Bulgaria, the court handling the case is located in Bulgaria, and all relevant elements of the situation are entirely domestic, the Ministry's press office said.

The Ministry added that the need for legislative measures to ensure faster handling of SLAPP cases has long been on its agenda. Over time, working groups have been established with the participation of representatives of the judiciary, NGOs, practicing lawyers, and other experts. The completed bill is the result of the most recent such working group.

The bill introduces special procedural rules into the Code of Civil Procedure to protect defendants against manifestly unfounded claims or abuse of process in civil and commercial cases, the Ministry said. In preparing the proposal, the drafters reviewed reports and recommendations of the European Commission, recommendations of the Committee of Ministers of the Council of Europe, analyses by the Association of European Journalists, and other work by international governmental and non-governmental organizations, as well as the experience of other EU Member States in implementing similar legal frameworks.

For the media - often described as the fourth estate - the principle that power restrains power should also apply, Yoncheva said. In her view, this principle needs to be translated into well-designed rules and regulations that do not restrict journalists in their work but also prevent abuse by individuals who claim to be journalists without actually being so.

The goal is for cases showing signs of SLAPPs against journalists or civic activists to be halted by judges at an early stage, or handled through expedited procedures so defendants are not burdened for months or years. There should also be safeguards to protect defendants, including access to free legal assistance, Yoncheva added. She noted that such amendments to the Code of Civil Procedure and other relevant laws have not yet been adopted.

The Anti-SLAPP Directive was adopted on April 11, 2024, and EU Member States must transpose it into their national legislation by May 7, 2026. SLAPPs are broadly defined as abusive lawsuits brought by private parties with the aim of silencing critical speech. They are typically initiated by powerful entities, for example individuals, lobby groups, corporations, politicians, and state organs in an attempt to silence public debate, the Directive says. The purpose of the Directive is to eliminate obstacles to the proper functioning of civil proceedings, while providing protection for natural and legal persons who engage in public participation on matters of public interest, including journalists, publishers, media organizations, whistleblowers and human rights defenders, as well as civil society organizations, NGOs, trade unions, artists, researchers and academics, against court proceedings initiated against them to deter them from public participation.

According to Yoncheva, if an adequate law is not adopted by May, Bulgaria risks infringement proceedings by the European Commission. She expressed hope that ongoing political turbulence and the upcoming snap elections will not negatively affect the preparation of legislative changes aimed at tackling SLAPPs.