Daredevil complaints, Italy remains at the top of the European ranking

The number of reckless slapps continues to grow across Europe. This is confirmed by Democracy in the dock, the fourth edition of the report edited by Case (Coalition against Slapps in Europe) and the Daphne Caruana Galizia Foundation, which, in monitoring the so-called Slapps (Strategic lawsuits against public participation, unfounded legal actions aimed at intimidating and censoring those who investigate the powerful or express uncomfortable opinions, such as the journalists), found an alarming and growing trend. Although in 2024, the European Anti-Slapping Directive (Directive 2024/1069) was approved, which by May 2026, all EU countries - including Italy - will be obliged to transpose and implement.

On the top step of the podium we find again Italy which, out of a sample of 167 lawsuits mapped in 2024 in 29 countries, recorded the highest number of reckless lawsuits (21). Second place, closely followed by Germany with 20. It was followed by Serbia (13), Hungary (12), Turkey (10) and Ukraine (10). Several cases were analysed and monitored, including one involving the Minister of Tourism Daniela Santanché, who sued L'Espresso for an article on her entrepreneurial history (for which she asked for five million in damages) and that of the Minister of Enterprise and Made in Italy Adolfo Urso, who has sued two newspapers - Il Foglio and Il Riformista - claiming between 250 thousand and 500 thousand euros in damages.

"For the second year in a row, the report of the European Coalition against Slapp establishes the supremacy of our country for the number of harassment actions. An abuse of the judicial system that silences journalists and activists who dare to criticise powerful people, politicians and businessmen," emphasised Sielke Kelner, coordinator of the Italian Case working group. "Real legal harassment that, by inhibiting public debate and citizens' access to information, constitutes an attack on freedom of expression, weakening the democratic system". In most cases, in fact, these measures only aim to inflict psychological and economic damage on those affected, putting more and more at risk the fundamental freedoms that the European Court of Human Rights has the task of guaranteeing.

News, therefore, that is less and less positive for freedom of expression (and information): considering all EU member states, the Slaps mapped and documented by the European Coalition from 2010 until 2024 have reached 1303, a clear increase compared to the 1049 counted between 2010 and 2023. And the stories examined are but a small glimpse of a much more structured overall picture: most attempts to silence and silence journalists, activists and whistleblowers, in fact, take place in the pre-litigation phase, through cease-and-desist letters and legal threats that, with their strongly dissuasive impact on the targets of reckless lawsuits, ensure that many episodes remain anonymously and never become part of the public imagination. Also and above all in order to develop decisive preventive strategies.

At the end of 2024, the majority of lawsuits filed were civil cases (65 per cent), while criminal cases accounted for approximately 20 per cent. By contrast, 2.5 per cent of the cases were proceedings with both civil and criminal profiles, 5.4 per cent were injunctions, and less than one per cent of the actions were constitutional or administrative claims. In general, a large proportion of the lawsuits originate from alleged defamation. But several also originate from allegations of violation of privacy (and of the GDPR), intellectual property or the protection of personal data. As for the targets, the most affected remain journalists and the media, followed by activists, academics, writers and publishers. Finally, it is mostly businessmen and politically important figures who initiate lawsuits.