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EU Parl Watch

Changes between two versions

What changed between the draft committee report and the plenary report

From · draft committee report· 2 Mar 2023

JURI-PR-745170

on the proposal for a directive of the European Parliament and of the Council on protecting persons who engage in public participation from manifestly unfounded or abusive court proceedings (“Strategic lawsuits against public participation”)

To · plenary report· 29 Jun 2023

A-9-2023-0223

on the proposal for a directive of the European Parliament and of the Council on protecting persons who engage in public participation from manifestly unfounded or abusive court proceedings (“Strategic lawsuits against public participation”)

+71 added · −32 removed · 15 changed paragraphs, packaging included.

Part 2 of 3: Paragraphs 61–120

Added:Recital 22: (22) A matter should be considered to have cross-border implications unless both parties are domiciled in the same Member State as the court seised. Even where both parties are domiciled in the same Member State as the court seised, a matter should be considered to have cross-border implications in two other types of situations. The first situation is where the specific act of public participation is relevant to, more than one Member State due to the cross-border dimension of the act itself or due to a legitimate interest which the public may take in the matter concerned by the act, including if the act is accessible via electronic means. Such situations include for instance public participation acts, such as events organised by Union institutions, appearances in public hearings or widely disseminated publications. They could include as well statements or activities on matters, such as cross-border pollution, or allegations of money laundering with potential cross-border involvement. An act of public participation should be considered to be accessible in more than one Member State, in particular, if it is carried out on the internet, for example in the case of social media campaigns or online media coverage. The ubiquitous nature of the internet warrants considering acts of public participation that are accessible in more than one Member State to be matters with cross-border implications. The effect of digital means of communication on the notion of cross-border elements has …

Added:Recital 22 a (new): (22a) Support should be available to persons targeted by court proceedings against public participation from the moment competent authorities become aware of such persons and throughout the proceedings, in accordance with the rights set out in this Directive. Support should be made available by a variety of means, including by providing comprehensive and independent information and advice, in a manner that is easily accessible to the public and free of charge, on procedures and remedies available, on protection against intimidation, harassment or threats of legal action, and on the rights of the person concerned, and by providing legal aid in cross-border civil proceedings, legal aid in further proceedings and legal counselling or other legal assistance which is deemed appropriate. Member States should provide for financial assistance and support measures, including psychological support, for those targeted by court proceedings against public participation.

Added:Recital 22 b (new): (22b) Participation in proceedings against public participation exposes those targeted to particular psychological stress. The preparation for such proceedings and participation therein additionally ties up valuable resources of the defendants that they often do not have or that otherwise would have been invested in engaging in public participation. Associations, organisations and other collective bodies, such as trade unions, and any other legal entities which have, in accordance with the criteria laid down by their national law, a legitimate interest in safeguarding the rights of the defendant should therefore have the possibility of participating in the proceedings, either on behalf or in support of the defendant, with his or her approval, or of providing information in the judicial procedures provided for the enforcement of obligations under this Directive. Such possibility of legal representation should be without prejudice to the rights and competences of trade unions and worker’s representatives to engage on behalf of or in support of workers in judicial proceedings, in accordance with other Union and national rules.

Added:Recital 23: (23) Defendants should be able to apply for the following procedural safeguards: a request for a security to cover procedural costs, or procedural costs and damages, a request for an early dismissal of manifestly unfounded court proceedings, a request for remedies against abusive court proceedings (award of costs, compensation of damages and penalties), or all of them at the same time. Court proceedings brought against natural or legal persons on account of their engagement in public participation should be dealt with in a swift and effective manner, taking into account the circumstances of the case, the right to an effective remedy and the right to a fair trial.

Added:Recital 26: (26) To provide the defendant with an additional safeguard, there should be a possibility to grant him or her a security to cover procedural costs and/or damages, when the court considers that even if the claim is not manifestly unfounded, there are elements indicating an abuse of procedure and the prospects for success in the main proceedings are low. Where national law so provides, it should be possible to grant security to the defendant at any stage of the court proceedings and the judge should be able to order that a provision for court fees be allocated to the defendant and be borne by the claimant considering, where appropriate, the financial situation of the parties and the predictable costs of the proceedings. A security does not entail a judgement on the merits but serves as a precautionary measure ensuring the effects of a final decision finding an abuse of procedure and covering the costs and damage caused to the defendant. It should be for Member States to decide whether a security should be ordered by the court on its own motion or upon request by the defendant.

Added:Recital 29: (29) Courts or tribunals seised with an application for procedural safeguards, should act expeditiously in relation to that application, using the most efficient procedures available under national law. To ensure high expediency in the accelerated procedure on an application for early dismissal, Member States may set time limits for the holding of hearings or for the court to take a decision. They may as well adopt schemes akin to procedures in relation to provisional measures. Member States should make efforts to ensure that when the defendant has applied for other procedural safeguards, the decision is also taken in an expeditious manner. For expeditious treatment, Member States could take into account, amongst others, whether the claimant has initiated multiple or concerted proceedings in similar matters and the existence of attempts to intimidate, harass or threat the defendant.

Added:Recital 30: (30) If a defendant has applied for early dismissal, it should be for the claimant in the main proceedings to prove in the accelerated procedure that the claim is not manifestly unfounded This does not represent a limitation of access to justice, taking into account that the claimant carries the burden of proof in relation to that claim in the main proceedings and only needs to meet the much lower threshold of showing that the claim is not manifestly unfounded in order to avoid an early dismissal. In addition, decisions of early dismissal should always be made by a judge, on a case-by-case basis, and the claimants should always be entitled to lodge an appeal against the early decision to dismiss.

Added:Recital 31: (31) Costs should include all costs of the proceedings, including the full costs of legal representation, including pre-trial costs incurred by the defendant unless such costs are excessive. Costs of legal representation exceeding amounts laid down in statutory fee tables should not be considered as excessive per se, but allow costs to be awarded in full. Where national law does not provide for the full award of costs beyond statutory fees, the court should be able to award the full costs by whatever other means are available, in accordance with national law, including through the compensation of damages.

Added:Recital 31 a (new): (31a) Full compensation for damage should include both material and non-material damage, such as physical, reputational and psychological harm. In order for the defendant to be able to claim damages easily and in a timely manner, it should be possible to seek damages in the same proceedings as those brought against the defendant, where appropriate through a counterclaim. Material damage should include in particular lawyer fees, when they are not reimbursable as costs, travel expenses and medical costs, in particular for psychological care. Material damage should include pre-trial costs, if they are not included in costs under national law or this directive. Pre-trial costs should also include necessary expenses incurred in respect of defending the person's rights against abusive claims, including lawyer fees. Non-material damage should include in particular different forms of physical and/or psychological harm, pain and suffering or emotional distress related to the court proceedings, reputational damage and in general, any types of intangible damage.

Added:Recital 32: (32) The main objective of giving courts or tribunals the possibility to impose penalties is to deter potential claimants from initiating abusive court proceedings against public participation. Such penalties should be determined on a case by case basis and should be proportionate to the elements of abuse identified. When establishing amounts for penalties, courts should take into account the potential for a harmful or chilling effect of the proceedings on public participation, including as related to the nature of the claim, whether the claimant has initiated multiple or concerted proceedings in similar matters and the existence of attempts to intimidate, harass or threat the defendant.

Added:Recital 32 a (new): (32a) To ensure that the public can become aware of court decisions, Member States should establish a publicly accessible national register of relevant court decisions falling within the scope of this directive, in accordance with Union and national rules on the protection of personal data. The Commission should establish a publicly accessible Union register on the basis of the information from the registers of the Member States concerning relevant court decisions falling within the scope of this Directive, in accordance with Union rules on the protection of personal data.

Added:Recital 33: (33) In the cross-border context, it is also important to recognize the threat of SLAPPs from third countries targeting journalists, human rights defenders and other persons engaged in public participation who are domiciled in the European Union. They may involve excessive damages awarded against persons engaging in public participation. Court proceedings in third-countries are more complex and costly for the targets. To protect democracy and freedom of expression and information in the European Union and to avoid that the safeguards provided by this Directive are undermined by recourse to court proceedings in other jurisdictions, it is important to provide protection also against manifestly unfounded and abusive court proceedings in third countries.

Added:Recital 33 a (new): (33a) As regards jurisdiction for defamation claims or other claims based on civil or commercial law which could constitute abusive court proceedings against public participation, the Member State of domicile of the defendant should be considered as the sole forum, having due regard to cases where the defendants in cases of defamation are natural persons. With the exception of that rule concerning cases falling within the scope of this Directive, this Directive should not affect the application of the Brussels I Regulation.

Added:Recital 33 b (new): (33b) This Directive establishes a special ground for the applicable law for publications as an act of public participation. In claims regarding a publication as an act of public participation, the applicable law should be considered to be the law of the place to which that publication is directed. Should it not be possible to identify that place, the applicable law should be the law of the place of editorial control or of the relevant activity with regard to the act of public participation. In cases other than those covered by that exception, this Directive should not affect the application of Rome II Regulation.

Added:Recital 34: (34) This Directive creates a new special ground of jurisdiction in order to ensure that targets of SLAPPs domiciled in the European Union have an efficient remedy available in the Union against abusive court proceedings brought in a court or tribunal of a third country. This special ground of jurisdiction allows the targets domiciled in the European Union to seek, in the courts or tribunals of their domicile, for compensation of damages and costs incurred or reasonably expected to be incurred in connection with the proceedings before the court or tribunal of the third country. This right applies irrespective of the domicile of the claimant in the proceedings in the third country.

Recital 34 a (new): (34a) Member States should encourage and work closely with civil society organisations, including recognised and active non-governmental organisations working with persons targeted by court proceedings against public participation, in particular with regard to policy-making initiatives, information and awareness-raising campaigns, research and education programmes, and training, as well as monitoring and evaluation of the impact of such measures.

Change 3

Removed:Recital 34 b (new): (34b) Member States should be encouraged to take appropriate action to facilitate their cooperation to improve the access of those targeted by court proceedings against public participation to information on the procedural safeguards set out in this Directive and under national law. Such cooperation should cover the exchange of information on current practices within the Member States in cross border cases and the provision of assistance, where appropriate, to European networks and bodies such as the Fundamental Rights Agency, working on matters directly relevant to those targeted by court proceedings against public participation.

Added:Recital 34 b (new): (34b) The provisions and safeguards of this Directive should apply to all pending abusive court proceeding against public participation before a national court at the time of entry into force of the national rules transposing this Directive and thereafter.

Removed:Recital 34 c (new): (34c) With due respect for the independence of the legal profession, Member States should encourage the adoption by professional associations of deontological rules that guide the conduct of legal professionals to discourage the taking up of abusive lawsuits against public participation, including, where appropriate, disciplinary sanctions for the violation of those rules.

Added:Recital 34 c (new): (34c) Member States should be encouraged to take appropriate action to facilitate their cooperation to improve the access of those targeted by court proceedings against public participation to information on the procedural safeguards set out in this Directive and under national law. Such cooperation should cover the exchange of information on current practices within the Member States in cross-border cases and the provision of assistance, where appropriate, to European networks and bodies such as the Fundamental Rights Agency, working on matters directly relevant to those targeted by court proceedings against public participation.

Removed:Recital 34 d (new): (34d) Member States should, on a regular basis, provide to the Commission available data showing how those targeted by court proceedings against public participation have accessed the safeguards set out in this Directive. Based on the data provided by the Member States, the Commission should submit a report every five years on the evaluation and review of this Directive to the European Parliament and to the Council. Those reports should be made public.

Added:Recital 34 d (new): (34d) With due respect for the independence of the legal profession, Member States should encourage the adoption by professional associations of deontological rules that guide the conduct of legal professionals to discourage the taking of abusive lawsuits against public participation, including, where appropriate, disciplinary sanctions for the violation of those rules. Such measures should be developed in close cooperation with relevant stakeholders including professional associations, social partners and civil society organisations.

Removed:Article 1 – paragraph 1: This Directive provides safeguards against manifestly unfounded and abusive court proceedings in civil matters, as well as the threats thereof, having cross-border implications brought against natural and legal persons engaging in public participation.

Added:Recital 34 e (new): (34e) The collection of data is paramount to document cases of abusive court proceedings and to provide solutions in order to prevent them. This Directive should establish common criteria to standardise the data collection procedures in Member States and ensure that comparable data is collected. Member States should, on a regular basis, provide to the Commission available data showing how those targeted by court proceedings against public participation have accessed the safeguards set out in this Directive. Based on the data provided by the Member States, the Commission should submit a report every five years on the evaluation and review of this Directive to the European Parliament and to the Council. Those reports should be made public.

Removed:Article 2 – paragraph 1: This Directive shall apply to matters of a civil or commercial nature having cross-border implications, including interim precautionary measures and counter claims, whatever the nature of the court or tribunal. It shall not extend, in particular, to revenue, customs or administrative matters or the liability of the State for acts and omissions in the exercise of State authority (acta iure imperii).

Added:Recital 36: (36) This Directive is complementary to the Commission recommendation on protecting journalists and human rights defenders who engage in public participation from manifestly unfounded or abusive court proceedings (“Strategic lawsuits against public participation”). This recommendation is addressed to Member States and it provides a comprehensive toolbox of measures including training, awareness-raising, support to targets of abusive court proceedings and data collection, reporting and monitoring of court proceedings against public participation. When transposing this Directive, Member States should pay particular attention to the implementation of the Commission’s Recommendation as regards, in particular, the inclusion of safeguards, similar to those provided for by this Directive, in relation to domestic cases not covered by this Directive’s scope, and the provision of legal assistance to defendants in an affordable and easily accessible manner, and consider the inclusion in their national transposition laws of targeted provisions to that effect. Member States should also be encouraged to consider establishing a fund to support victims of SLAPPs, which should be directly used for legal fees or the provision of legal aid and psychological support.

Added:Recital 36 a (new): (36a) This Directive lays down rules on comprehensive support and preventive measures, non-financial support mechanisms such as the provision of legal aid and psychological support, as well as training, awareness-raising and data collection measures. It also seeks to ensure that data are collected by establishing common criteria at Union level. A national focal point should be established to gather and share information on all organisations that provide guidance and support for targets of abusive court proceedings against public participation. Such organisations could include associations of legal professionals, media and press councils, umbrella associations for human rights defenders, associations at Union and national level, law firms defending targets of manifestly unfounded or abusive court proceedings against public participation pro bono, legal clinics of universities and other non-governmental organisations.

Added:Recital 36 b (new): (36b) To foster prevention of the initiation of SLAPPs and protection of targeted natural or legal persons, it is crucial to promote relevant information, awareness-raising, campaigns, education and training, including on their rights and protection mechanisms.

Added:Recital 36 c (new): (36c) Training for journalists, other media professionals and human rights defenders should strengthen their capacity to deal with abusive court proceedings against public participation. It should focus on recognising such court proceedings, how to manage being targeted by them and inform them of their rights and obligations in order for them to be able to take the necessary steps to protect themselves against such proceedings. Training should also be provided to legal professionals in order to increase awareness of abusive court proceedings and be able to detect them at a very early stage.

Added:Article 1 – paragraph 1: This Directive provides a set of minimum standards of protection and safeguards against manifestly unfounded or abusive court proceedings in civil matters, as well as the threats thereof, with cross-border implications brought against natural and legal persons engaging in public participation.

Added:Article 2 – paragraph 1: This Directive shall apply to matters of a civil or commercial nature having cross-border implications, including interim and precautionary measures, counteractions or other particular types of remedies available under other instruments, whatever the nature of the court or tribunal. It shall not extend, in particular, to revenue, customs or administrative matters or the liability of the State for acts and omissions in the exercise of State authority (acta iure imperii).

Article 2 a (new): Article 2a / Minimum requirements / 1. Member States may introduce or maintain more favourable provisions than the safeguards provided for in this Directive against manifestly unfounded and abusive court proceedings in civil matters. / 2. The implementation of this Directive shall in no circumstances constitute grounds for a reduction in the level of safeguards already afforded by Member States in the matters covered by this Directive.

Change 4

Changed:Article 3 – paragraph 1 – point 1: 1. ‘public participation’ means any statement or activity by a natural or legal person expressed or carried out in the exercise of the right to freedom of expression and informationinformation, onacademic afreedom, matteror freedom of publicassembly interest,and association, and preparatory, supporting or theassisting freedomaction ofdirectly assemblylinked andthereto, association,on sucha asmatter of public interest. This includes complaints, petitions, administrative or judicial claims, the participation in public hearings, the creation, exhibition, advertisement or other promotion of journalistic, political, scientific, academic, artistic, satirical communications, publications or works, and any preparatory activities directly linked thereto.works;

Change 5

Changed:Article 3 – paragraph 1 – point 2 – point a: (a) publicfundamental health,rights, safety,including thegender environment,equality, climatemedia orfreedom enjoymentand ofconsumer fundamentaland labour rights, includingas consumerwell andas labourpublic rights;health, safety, the environment or the climate;

Change 6

Changed:Article 3 – paragraph 1 – point 2 – point e a (new):b: (ea)(b) activities advancing social change such as advocacy, reporting of violations of the law or ethical norms, petitions, addressing governmenta officialsperson or private entities, engagingentity in peaceful proteststhe orpublic boycotts,eye or speaking out againstof orpublic commentinginterest, onincluding misusegovernmental orofficials abuseand ofprivate power.entities;

Change 7

Removed:Article 3 – paragraph 1 – point 3 – point -a (new): (-a) the exploitation of economic advantage and political influence by the claimant against the defendant, leading to an imbalance of power between the two parties;

Added:Article 3 – paragraph 1 – point 2 – point d: (d) allegations of corruption, fraud, embezzlement, money laundering, extortion, coercion, sexual harassment and gender-based violence, or other forms of intimidation, or any other criminal or administrative offence, including environmental crime;

Removed:Article 3 – paragraph 1 – point 3 – point c a (new): (ca) the use of procedural tactics, such as delaying proceedings, and forum shopping;

Added:Article 3 – paragraph 1 – point 2 – point e: (e) activities aimed to protect the values enshrined in Article 2 TEU, the principle of non-interference in democratic processes, and to provide or facilitate public access to information with a view to fighting disinformation;

Change 8

Changed:Article 3 – paragraph 1 – point 32 – point c b (new): (cb)e a history of legal intimidation by the claimant, in(new): the(ea) formacademic, ofscientific, threatsresearch ofand legalartistic action;activities.

Change 9

Removed:Article 4 – paragraph 2 – point a: (a) the act of public participation concerns a matter of public interest relevant to, or accessible via electronic means or otherwise in, more than one Member State, or

Added:Article 3 – paragraph 1 – point 3 – introductory part: ‘abusive court proceedings against public participation’ mean court proceedings brought in relation to public participation that are fully or partially unfounded, characterised by elements indicative of a misuse of the judicial process for purposes other than genuinely asserting, vindicating or exercising a right and have as their main purpose to abusively prevent, restrict or penalize public participation. Indications of such a purpose can be:

Added:Article 3 – paragraph 1 – point 3 – point -a (new): (-a) the misuse of economic advantage or political influence by the claimant against the defendant, leading to an imbalance of power between the two parties;

Added:Article 3 – paragraph 1 – point 3 – point c: (c) intimidation, harassment or threats on the part of the claimant or his or her representatives, before or during the proceedings, as well as any previous history of legal intimidation by the claimant;

Added:Article 3 – paragraph 1 – point 3 – point c a (new): (ca) the use in bad faith of procedural tactics, such as delaying proceedings, and choosing to pursue a claim that is subject to the jurisdiction of the court that will treat the claim most favourably, or the discontinuation of the cases at a later stage of the proceedings.

Added:Article 4 – paragraph 2 – point a: (a) the act of public participation is relevant to more than one Member State, either due to the cross-border dimension of the act itself or due to the legitimate interest which the public may take in the matter concerned by the act, including if the act is accessible via electronic means, or

Article 5 – paragraph 3: 3. Member States shall provide that measures on procedural safeguards in accordance with Chapters III and IV can be taken by the court or tribunal seised of the matter ex officio.

Change 10

Changed:Article 5 a (new): Article 5a / Expeditious court proceedings / Member States shall ensure that courts or tribunals seised with an application referred to in Article 5 act expeditiously in the proceedings in relation to which the application has been sought,sought using the most expeditious procedures available under national law.law, taking into account the circumstances of the case, the right to an effective remedy and the right to a fair trial.

Change 11

Changed:Article 5 b (new): Article 5b / Assistance to natural or legal persons engaging in public participation / Member States shall ensure that natural or legal persons engaging in public participation have access, as appropriate, to support measures, in particular the following: / (a) comprehensive and independent information and advice which is easily accessible to the public and free of charge on procedures and remedies available, on protection against intimidation, harassment or threats of legal action, and on their rights; and / (b) legal aid in cross-border civil proceedings in accordance with Directive 2003/8/EC of the Council, and, in accordance with national law, legal aid in further proceedings, and legal counselling or other legal assistance; / (c) financial assistance and support measures, including psychological support, for those targeted by abusive court proceedings against public participation.

Change 12

Changed:Article 7 – paragraph 1: Member States shall take the necessary measures to ensure that a court or tribunal seised of court proceedings against public participation may accept that non-governmentalassociations, organisations and other collective bodies, such as trade unions, and any other legal entities which have, in accordance with the criteria laid down by their national law, a legitimate interest in safeguarding or promoting the rights of persons engaging in public participation may take part in those proceedings, either on behalf or in support of the defendantdefendant, with his or her approval or to provide information.information, in any judicial procedure provided for the enforcement of obligations under this Directive. This provision is without prejudice to existing rights of representation and intervention as guaranteed by other Union or national rules.

Change 13

Changed:Article 78 a– (new):paragraph Article1: 7aMember /states Thirdshall partyensure substitutionthat /in Membercourt Statesproceedings shallagainst takepublic participation, the necessarycourt measuresor tribunal seised has the power to ensurerequire thatthe aclaimant courtto orprovide tribunalsecurity seisedfor costs of courtthe proceedingsproceedings, againstincluding publicthe participationfull maycosts acceptof thatlegal non-governmentalrepresentation organisationsincurred engageby onthe behalfdefendant and damages, if it considers such security appropriate in view of thepresence defendant,of subjectelements indicating abusive court proceedings. Where national law provides for such possibility, security may be granted to the defendant’s approval,defendant inat any proceedings ,stage coveredof underthe thiscourt directive.proceedings.

Change 14

Changed:Article 9 – paragraph 2: 2. Member States shall establish proportionate and reasonable time limits for the exercise of the right to file an application for early dismissal. The time limits shall be proportionate, reasonable and not render such exercise impossible or excessively difficult.

Change 15

Changed:Article 14 – paragraph 11: Member States shall take the necessary measures to ensure that a (new):claimant who has brought abusive court proceedings against public participation is ordered to bear all the costs of the proceedings, including the full costs of legal representation incurred by the defendant, unless such costs are excessive. Where national law does not guarantee the award in full of the costs of legal representation beyond statutory fee tables, Member States shall ensure that such costs are fully covered by whatever other means areavailable available,under innational accordancelaw, withand, nationalwhere lawappropriate, andthrough wherecompensation appropriateof damages in accordance with Article 15.

Change 16

Changed:Article 15 – paragraph 1: Member States shall take the necessary measures to ensure that a natural or legal person who has suffered harm as a result of an abusive court proceedings against public participation is able to claim and to obtain full compensation for that harmharm, covering material or non-material harm, including reputational harm, without the need to initiate separate court proceedings to that end.

Change 17

Changed:Article 16 a (new): Article– 16aparagraph /1 Nationala Registers(new): /1a. Member statesStates shall take appropriate measuresensure tothat establishcourts aor publiclytribunals accessibleimposing registerpenalties oftake relevantdue courtaccount decisionsof: falling/ within(i) the scopeeconomic situation of thisthe Directive,claimant; in/ accordance(ii) withthe Unionnature and national rulesnumber onof the protectionelements ofindicating personalan data.abuse identified.

Change 18

Added:Article 16 a (new): Article 16a / National registers / Member states shall take appropriate measures to establish a publicly accessible register of relevant court decisions falling within the scope of this Directive, in accordance with Union and national rules on the protection of personal data.

Article 18 – paragraph 1: Member States shall ensure that, where abusive court proceedings on account of engagement in public participation have been brought in a court or tribunal of a third country against a natural or legal person domiciled in a Member State, that person shall have the right to seek, in the courts or tribunals of the place where he is domiciled, compensation of the damages and the costs incurred in connection with the proceedings before the court or tribunal of the third country, irrespective of the domicile of the claimant in the proceedings in the third country.

Change 19

Removed:Chapter V a (new): Chapter Va / Jurisdiction, applicable law and relations with Union private international law instruments / Article 18a / Jurisdiction for defamation claims / In defamation claims or other claims based on civil or commercial law which may constitute a claim under this Directive, the domicile of the defendant shall be considered to be the sole forum, having due regard to cases where the victims of defamation are private persons. / Article 18b / Relation with the Brussels I Regulation / With the exception of Article 18a of this Directive, this Directive shall not affect the application of the Brussels I Regulation. / Article 18c / Applicable law for publications as an act of public partcipation / In claims regarding a publication as an act of public participation the applicable law shall be the law of the place to which that publication is directed to. In the event of it not being possible to identify the place to which the publication is directed, the applicable law shall be the law of the place of editorial control or of the relevant editorial activity with regard to the act of public participation. / Article 18d / Relation with the Rome II Regulation / With the exception of Article 18c of this Directive, this Directive shall not affect the application of the Rome II Regulation.

Added:Chapter V a (new): Chapter Va / Jurisdiction, applicable law and relations with Union private international law instruments

Removed:Chapter V b (new): Chapter Vb / Other provisions / Article 18e / Union Register / The Commission shall take appropriate measures to establish a publicly accessible Union register on the basis of the information provided in accordance with Article 16a of relevant court decisions falling within the scope of this Directive, in accordance with Union rules on the protection of personal data. / Article 18f / Awareness raising / Member States shall take appropriate action, including via electronic means, aimed at raising awareness about strategic lawsuits against public participation and the procedural safeguards set out in this Directive against them. Such action may include information and awareness raising campaigns and research and education programmes, where appropriate in cooperation with relevant civil society organisations and other stakeholders. / Article 18g / One-stop shop / Member States shall, with the support of the Commission, take appropriate measures to establish a ‘one-stop shop' comprising dedicated national networks of specialised lawyers, legal practitioners and psychologists, which targets of SLAPPs can contact, and through which they can receive guidance and easy access to information on, and protection against SLAPPs, including regarding legal aid, financial and psychological support. / Article 18h / Training of practitioners / 1. With due respect for the independence of the legal profession, Member States shall recommend that those responsible for the training of lawyers make …