Parliament Wednesday adopted conclusively amendments to the Code of Civil Procedure (CCP) introducing requirements under a European directive aimed at protecting people who engage in public participation from clearly unfounded claims or abusive court proceedings. The changes are intended to protect journalists, media, and civil society activists from strategic lawsuits against public participation (SLAPP).

The amendments introduce a new chapter in the CCP covering civil and commercial cases brought because of a defendant’s public participation.

The rules will also apply to ongoing proceedings, including cases before an appellate court. In cases launched before these amendments take effect, the defendant may request that the new rules be applied until the end of the trial.

The amendments provide for the early dismissal of clearly unfounded claims and introduce additional measures to protect defendants in cases involving an imbalance between the parties, excessive or unjustified claims for damages, multiple or coordinated proceedings, intimidation or harassment, abuse of procedural rights, forum shopping, or attempts to discredit the defendant. Courts will also be able to collect evidence on their own initiative, while non-profit organizations, professional organizations and trade unions may submit evidence in support of defendants.

To reduce financial pressure on defendants, the amendments provide that security for a claim may not be ordered without convincing written evidence. Defendants will also be able to request security for reasonably expected legal costs. Lawyers may provide defendants with free legal assistance and representation in such proceedings.

Democratic Bulgaria said the changes would help ensure that investigative journalists’ voices are not silenced, and thanked Parliament for supporting its proposals aimed at strengthening defendants’ protection.

Vazrazhdane said the rules covering ongoing cases were too broad and could create problems in court practice.

Progressive Bulgaria said the European directive provides protection in cross-border cases while also allowing similar protection at national level.

A proposal by Continue the Change that the new rules should apply only at first instance in ongoing cases was rejected. Progressive Bulgaria said that the same case could not be subject to different rules at first instance and on appeal.