Hungary anti-SLAPP bill fails domestic cases

A coalition of over 120 non-governmental organisations has warned Hungary's government that its draft anti-SLAPP legislation is inadequate. The bill, intended to transpose a 2024 European Union directive by a May 2026 deadline, would only protect public watchdogs from cross-border lawsuits, not domestic ones.

The warning comes from the Coalition Against SLAPPs in Europe (CASE), which includes groups like the International Press Institute and ARTICLE 19. In a letter to Hungarian officials Márta Görög and Zoltán Tarr, the coalition acknowledged positive steps by the new Tisza government to improve media freedom after years of democratic backsliding. However, they argue the current draft represents a "basic and verbatim" transposition of EU minimum standards.

A Flawed Framework

The coalition states the rushed five-day public consultation on the draft is a problem. They fear that if the bill is not amended to cover domestic cases, journalists and watchdogs will remain vulnerable. Powerful political or economic actors within Hungary could still abuse civil proceedings to silence public debate.

"Our organisations fear that if the current bill is not amended to create a wider anti-SLAPP framework that includes domestic cases as well as cross-border ones, journalists and other public watchdogs will continue to operate in a legal climate in which powerful political or economic actors within Hungary can abuse civil proceedings to muzzle and censor public debate," the letter states.

The coalition notes that other EU states like Poland, Greece, and Belgium have passed laws exceeding the directive's minimum standards by protecting against domestic lawsuits. These align with a 2024 Council of Europe Recommendation on SLAPPs.

Expert Recommendations Ignored

The Hungarian Civil Liberties Union (HCLU), a CASE member, has provided a detailed assessment and recommendations. A key recommendation, backed by CASE partners, is for the bill to also cover criminal and administrative proceedings, not just civil cases.

The coalition urges the Ministry to accept the HCLU's request for an in-person consultation. They call for meaningful dialogue with expert civil society to craft legislation that accounts for specific patterns of abusive litigation emerging in Hungary. Parliament is not expected to vote on the bill until September, leaving time for revision.

The letter links the government's rush to recent infringement proceedings opened by the European Commission over Hungary's delay in transposing the directive. The coalition warns that a rushed process fails to address the majority of SLAPP cases in Hungary, which are domestic.

They conclude that high-quality anti-SLAPP laws are essential for restoring democracy and the rule of law. The organisations remain available to provide expert input and hope to see their recommendations included before a final vote.