The Bulgarian parliament has adopted new rules designed to better protect journalists, activists, and others from so-called SLAPP lawsuits—legal actions defined by experts as attempts to intimidate critics or exhaust them financially. In several areas, Bulgaria’s new measures go beyond the minimum requirements set out by European Union legislation.
What are SLAPP lawsuits?
The term SLAPP stands for Strategic Lawsuits Against Public Participation, referring to lawsuits filed against people or organizations that speak out on matters of public interest.
These cases often involve allegations such as defamation or harm to reputation. According to Euronews, they are particularly problematic when the plaintiff has strong financial resources and can subject the other party to lengthy and costly court proceedings.
Such actions are not always unfounded, but the new legislation’s aim is to help courts better distinguish between legitimate claims and abuses of the legal process intended to exert pressure.
Bulgaria introduces stricter rules
An amendment to Bulgaria’s Civil Procedure Code will now allow courts to dismiss clearly unsubstantiated lawsuits at an early stage in the proceedings under specific circumstances.
Court timelines for decisions are being shortened, and requirements for certain interim measures—such as asset freezes on the defendant—are being tightened.
Importantly, the new rules will not only apply to future cases but will cover some ongoing proceedings that have not yet reached a first hearing.
Protection extends beyond journalists
While SLAPP lawsuits are typically associated with media, Bulgaria’s new legislation has a broader scope.
The law also aims to protect human rights activists, civil society organizations, whistleblowers, and other participants in public debate. The EU’s 2024 anti-SLAPP directive was mainly focused on protection from cross-border lawsuits.
Bulgaria’s legal changes go further by ensuring such protective mechanisms also apply to purely domestic civil and commercial cases.
Brussels required less
The European Union adopted its anti-SLAPP directive in 2024, requiring all member states to transpose new protections into national law by May 2026.
In July, the European Commission launched infringement proceedings against 14 member states, including Bulgaria, for failing to fully implement or being delayed in transposing the directive.
At the time, Bulgaria’s Ministry of Justice stated that its planned changes would exceed the directive’s requirements precisely by extending protection to domestic litigation as well.
Dozens of cases in Bulgarian courts
According to Bulgarian lawyer Alexander Kashumov, quoted by AFP, there are dozens of cases before courts where the costs and duration of proceedings can have a chilling effect on freedom of expression. In individual cases, the stakes can reach tens or even hundreds of thousands of euros, he said.
However, Kashumov cautioned that there is a difference between the mere existence of a lawsuit and proving its intent to silence criticism. Courts must assess this in specific cases.
Media freedom remains a sensitive issue in Bulgaria
The adoption of the law comes in a country that has long faced concerns regarding its media environment.
Reporters Without Borders ranked Bulgaria 71st out of 180 countries in its 2026 World Press Freedom Index, describing press freedom in the country as fragile and unstable.
The new legislation is therefore seen as a concrete step toward greater legal protection of journalists, although its practical impact will depend on how Bulgarian courts implement it in practice.
Other European countries are also grappling with the challenge of protecting journalists from legal harassment. In Slovakia, for instance, recent public debate has focused on cases involving politicians and public figures in disputes with the media.
Law aims to reduce financial risks of lawsuits
One major problem with SLAPP cases is that even unsuccessful lawsuits can impose significant legal costs and long-term uncertainty on defendants.
Bulgaria’s reform therefore includes mechanisms to reduce economic pressure on defendants. In certain circumstances, defendants may request the opposing party provide security for expected legal costs, and lawyers may offer free legal aid.
The goal of these new rules is not to eliminate the option of protecting one’s reputation in court, but to create procedural safeguards for situations where legal action is used as a tool to pressure public figures.
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This article was translated from the original Slovak version with the assistance of AI.
