Persons concerned in abusive legal actions to benefit from enhanced protection in Moldova

Journalists, human rights defenders, civic activists, whistleblowers and members of non-governmental organizations will benefit from greater protection against abusive legal proceedings. The parliament on July 24 voted a draft law on combating abusive legal procedures against public participation in the first reading.

The legislative initiative, developed by the Justice Ministry, provides measures for preventing and combating court actions filed with the purpose of intimidating and censoring people involved in activities of public interest, known as SLAPP procedures. At the same time, the document transposes European rules in the field into national legislation. Presently, such cases are examined according to the general procedural rules, based on the presumption of the claimant’s good faith and on the guarantee of a full trial.

According to the authors of the draft, SLAPP procedures are characterized by a significant imbalance of power and financial resources between the claimant – often an influential public figure, a politician or a corporation – and the defendant. In such cases, the claimant’s main goal is not to get a favorable court decision, but to intimidate, harass and financially and psychologically exhaust the targeted person.

The draft introduces a new set of procedural tools, including the establishment of a security deposit, a fast-track mechanism for dismissing abusive actions, specific remedies for victims and rules on the recognition of foreign court judgments.

The Law on Freedom of Expression will be supplemented with a chapter dedicated to public participation and the abusive legal procedures directed against it. The document also sets out a string of indicators that will allow courts to identify the SLAPP nature of an action.

The draft also strengthens the safeguards that defendants will benefit from. Claims will be examined urgently and with priority, and the court, at the defendant’s request, may require the claimant to provide a security deposit to cover the estimated legal costs and any potential compensation for the damage caused. In addition, the defendant will be exempt from paying the state fee and the stamp duty.

If the court finds that the procedure was initiated abusively, the claimant risks a fine ranging from 1,000 to 250,000 lei. Sanctions are also provided for cases in which influential persons use state authorities, including the police, to sanction or harass journalists.

Another amendment is the removal of contravention liability for defamation, in line with the recommendations of the Council of Europe.

The draft law on combating abusive legal procedures against public participation is to be examined by the parliament in the second reading. After adoption, the new legislative provisions will enter into force six months following their publication in the Official Journal.