site.btaJustice Ministry Working on Transposing Directive against anti-SLAPP Lawsuits

The Ministry of Justice is working on transposing the Directive on protection against unfounded legal proceedings (anti-SLAPP) as part of its commitment to promoting freedom of expression and ensuring legal certainty for media representatives, said Deputy Justice Minister Mihaela Mechkunova at a meeting with representatives of the Council of Europe's Platform for the Safety of Journalists, which brings together 15 international non-governmental organizations. These include the European Center for Press and Media Freedom, Reporters Without Borders, the European Federation of Journalists, the Association of European Journalists, and others.

“Your presence here is an expression of our shared commitment to the protection of freedom of expression, the safety of journalists, and the democratic principles that underpin the Council of Europe,” Mechkunova said.  

During the meeting, the preparation of national legislation against manifestly unfounded claims or proceedings directed against public participation (known as SLAPP cases) was discussed.

Mechkunova said that this was not the only thing the Ministry of Justice had done on freedom of expression. This year, at the Ministry's suggestion, the National Assembly lowered the minimum penalties (fines) for the crimes of “insult” and “defamation” in the Criminal Code, thus completing the legislative reform in implementation of a series of judgments of the European Court of Human Rights (ECHR) against Bulgaria for violations of freedom of expression (Article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms) . In the cases of Bozhkov and Kasabova, two journalists convicted of defamation, the ECHR found violations, including because of the excessive penalties imposed.

In 2023, the legislature adopted most of the necessary amendments to the Criminal Code, which provided for exemption from criminal liability and the imposition of administrative penalties when the object of the insult or defamation is an authority. The special provisions for insulting and defaming public officials were abolished and the lower limits of fines for the qualified elements of the two crimes were reduced to BGN 500 and BGN 1,000, respectively.

Representatives of the platform pointed out that in its 10 years of existence, it had received 42 reports from Bulgaria about threats to media freedom and the safety of journalists, with 8 of the cases already resolved. This is 1/5 of the cases and is quite a high indicator, the guests reported. However, the criticism towards the country is for the alarming trend of physical attacks on journalists.

"We are working with everyone involved in the problem to achieve the set goals," Mechkunova replied.