In Albania, the journalist community and civil society are ramping up pressure on authorities to take action in response to the growing number of Strategic Lawsuits Against Public Participation (SLAPPs). These lawsuits, designed to stifle free speech, have almost doubled in the past three years, according to legal experts, raising concerns over transparency and public accountability. The issue was highlighted in the latest EU progress report on Albania. Meanwhile, officials argue they have begun implementing the EU’s anti-SLAPP directive.
This past spring, the EU introduced a directive aimed at protecting individuals involved in public participation from malicious lawsuits. The Council of Europe also issued a recommendation to address this problem. SLAPPs are increasingly used by politicians, business figures, and individuals with criminal ties to pressure journalists, activists, and civil society members, aiming to halt investigations into corruption, illegal activities, or crime. In 2023, 73 lawsuits were filed against journalists in Albania’s courts, up from 42 the previous year. The Respublica Center, which provides free legal assistance, is currently handling around 50 such cases. Although the center has won most cases at the first-instance level, appeals are still ongoing. Legal experts, however, point to a lack of a proper legal framework, which complicates the recognition of SLAPP cases by judges.
Dorian Matlija, head of the Respublica Center, noted that SLAPP cases typically involve exaggerated compensation demands and baseless allegations that “delegitimize journalists, undermine their credibility, and waste their time and resources.” Matlija, who represents journalists in court, explained that such lawsuits are often launched by powerful political groups or businesses that have the means to drag journalists through lengthy and costly legal battles.
The Albanian government committed in June to aligning the country’s laws with the EU anti-SLAPP directive, as part of its preparations for EU accession talks. The directive outlines measures such as the early dismissal of unfounded lawsuits, requiring plaintiffs to cover legal costs if the case is deemed baseless, and offering free legal assistance for journalists.
However, civil society leaders have highlighted that the process is complicated by gaps in the judiciary due to the ongoing vetting process. Blerjana Bino, director of the Center for Science and Innovation for Development, stated that it is essential to address these gaps early and inclusively.
Aleksandër Çipa, head of the Union of Journalists of Albania, called for a quicker judicial process for journalists, arguing that prolonged cases hinder their work and undermine public confidence in the legal system. “Our courts shouldn’t keep cases involving journalists in their calendars indefinitely. These processes should be concluded transparently and set clear examples for those filing baseless lawsuits,” said Çipa.
Justice Minister Ulsi Manja confirmed that a special working group has started analyzing SLAPP cases in the courts to assess their origins, typology, and court decisions. He reiterated that aligning Albania’s laws with the EU directive is a priority, even though the final deadline for implementation is 2027. The government plans to implement two major interventions: enabling the judiciary to dismiss SLAPP cases early, and providing legal protection and free legal aid for journalists.
While legal reforms are underway, Matlija also emphasized the need to decriminalize defamation. He pointed out that a significant portion of SLAPP cases involve criminal lawsuits, which not only include compensation claims but also carry penalties, including fines. “The real issue is not the fine itself, but the criminal record it leaves, which has been criticized by the European Court of Human Rights,” he said.
Minister Manja indicated that work is ongoing to amend the Penal Code to align with EU standards, with particular attention given to the decriminalization of defamation. “There are other legal tools to protect individuals from defamation, even journalists. Civil lawsuits provide alternative means of redress,” he explained.
A key element in tackling SLAPPs is the training of judges, which the EU directive also highlights. The Albanian Helsinki Committee has stressed the importance of thorough training for judges on how to handle such cases. “Judges need to be trained by experts who have dealt with SLAPP cases in other countries, whether in the region or the EU,” said Erida Skëndaj, executive director of the committee.
The EU has already held several training sessions for judges on freedom of expression. A special training session focused on SLAPP lawsuits, with participation from Albanian judicial representatives, is scheduled for mid-November in Brussels. This marks an important step in the EU’s efforts to address SLAPPs in Albania and beyond.
