Articles

In a research article in Journalism Practice, Simone Benazzo, Florence Le Cam, David Domingo, and Marie Fierens look at Germany, Croatia, and North Macedonia and analyse Strategic Lawsuits Against Public Participation (SLAPPs) as instruments for media capture. SLAPPs undermine not only individual journalists but the sustainability, independence, and impact of the media ecosystems journalism funders seek to strengthen.

SLAPPs are legal actions used to harass or intimidate people who speak on matters of public interest. Because they rely on legal tools rather than open threats or violence, they are often hard for journalists to fight. While countries such as the United States, Canada, and Australia have had laws against SLAPPs for years, Europe has only recently taken steps in this direction following pressure from civil society and media groups.

Most academic work has focused on the legal structures that enable SLAPPs and on legal reforms that could stop them. Fewer studies have looked at their wider effects. The authors’ research seeks to understand the complexity of SLAPPs in Europe and the range of reactions to them. They view SLAPPs as a form of media capture, where governments or political and business interests try to control the media. In this sense, SLAPPs can contribute to autocratisation, a process in which countries become more autocratic even if they are still considered democracies.

They examined Germany, Croatia, and North Macedonia, three democracies with different recent trends in autocratisation and different levels of SLAPP activity. Through interviews and focus groups with journalists, lawyers, and activists, the authors explored the actors involved and the strategies they use. Their analysis shows five key dimensions of this struggle: juridical, political, professional, financial, and social.

Looking at the juridical dimension, focus group participants saw SLAPPs as an abuse of the court system that restricts freedom of expression. The independence of the judiciary influenced how often SLAPPs occurred. In Croatia, where trust in judicial independence is low, SLAPPs are frequent, and some judges even file cases against journalists. In Germany, the courts generally defend press freedom, but participants warned that this could create complacency and allow cases to go unnoticed. In North Macedonia, past SLAPPs were marked by arbitrary decisions before defamation was decriminalised. Today, judges tend to protect journalists, partly due to training and pressure from professional associations. Across countries, participants debated whether training judges is enough, noting that the main issue is sometimes not knowledge but attitudes towards journalism.

Political actors also play a central role in shaping SLAPPs. In Croatia, both national and local politicians often initiate lawsuits, supported by close ties with judges. In North Macedonia, the fall of the autocratic government in 2017 reduced SLAPPs, though other political pressures remain. Regulatory bodies and major broadcasters still reflect older power structures. In Germany, SLAPPs by politicians are less common, but the rise of the AfD party has increased hostility towards the press, leading to long and costly disputes. Some focus group participants argued that these pressures shape the wider public sphere. In North Macedonia, joint declarations between political and media actors have been used as a tool to prevent legal action against journalists.

Professional bodies play an important role in resisting SLAPPs. Journalists’ associations in all three countries collect data, offer support, and advocate for better protection. Croatian associations run rapid-response systems and annual surveys. North Macedonia’s association works to secure free legal aid and contributes to national and international monitoring tools. In Germany, focus group participants stressed self-regulation and the need for the profession to defend itself. Press councils, however, were seen as limited in their ability to help, except in North Macedonia where their opinions influence court cases. External actors, such as European media organisations, also support journalists through training, advocacy, and insurance schemes.

SLAPPs also have severe financial consequences. In Croatia, high damages and “serial plaintiffs” place heavy burdens on journalists and media outlets. Some lawsuits appear motivated by profit rather than reputation. Law firms also benefit by specialising in these cases. In North Macedonia, legal reforms have reduced fines, easing some pressure. Participants described how SLAPPs can drain resources, force media into crowdfunding, or even bankrupt people. This financial fear can lead to self-censorship, as editors may stop investigations to avoid costly cases. In Germany, some in the focus group suggested joint funds as a way to help journalists face legal costs.

Public awareness of SLAPPs is low in all three countries. Many people distrust journalists, which weakens sympathy for those targeted. Focus group participants in Croatia and North Macedonia described widespread suspicion of the media, while German participants stressed the need to report on SLAPPs openly to build understanding. Awareness campaigns were seen as essential, led by civil society or journalists’ associations. Croatian participants felt that public knowledge had improved thanks to their efforts, though others in Germany and North Macedonia were less optimistic.

The authors created a multi-dimensional model to show the links among all five dimensions. Journalists and media sit at the centre, while political actors, business figures, and legal actors use SLAPPs to pressure or silence them. The model also highlights how different forms of media capture connect to the wider processes of autocratisation.

The three countries studied show important differences. In all of them, politicians have filed SLAPPs, but only in Croatia and North Macedonia did these cases come from politicians close to the ruling parties. In these contexts, SLAPPs act as tools of autocratisation, used by those in power to weaken dissent. In Germany, the rise of the AfD suggests that similar pressures may appear in the future. Another striking finding concerns Croatia, where some judges themselves use SLAPPs. This shows how legal actors can sometimes reinforce autocratising trends instead of blocking them. The findings also confirm that financial actors, including law firms that specialise in SLAPPs, now play a major role.

The study also highlights that SLAPPs can be resisted. Journalists, professional groups, civil society, and some judges use different strategies, such as public awareness, legal support, and political pressure. These efforts differ from country to country and depend on local power relations, resources, and traditions of cooperation.

Benazzo, S., Le Cam, F., Domingo, D., & Fierens, M. (2025). Journalism Facing Autocratization: Analyzing Strategic Lawsuits Against Public Participation (SLAPPs) as Instruments for Media Capture. Journalism Practice, 1–20. https://doi.org/10.1080/17512786.2025.2598376