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Panel discussion: When the the court becomes a tool of pressure: how to protect against SLAPP lawsuits?

In Ukraine, journalists, activists, and public figures are increasingly facing lawsuits used as tools of pressure. These cases, known as SLAPPs (Strategic Lawsuits Against Public Participation), aim to silence voices, undermine trust in the media, and restrict freedom of speech.

This issue was the focus of the event “When the Court Becomes a Tool of Pressure: How to Protect Against SLAPP Lawsuits?” organized by the Anti-Corruption Research and Education Center (ACREC).

The event brought together lawyers, journalists, legal experts, and civil society representatives to discuss how to develop effective legal protection mechanisms in Ukraine and implement EU standards to counter the misuse of judicial proceedings.

The event also included the presentation of an analytical research by ACREC Executive Director Oksana Nesterenko. The research outlined key challenges and offered practical steps to align Ukrainian legislation with the EU Directive (2024/1069) on preventing the misuse of legal proceedings and protecting freedom of expression.

The event opened with welcoming remarks from Olha Kvashuk, representative of the International Renaissance Foundation. She emphasized that such initiatives are crucial for Ukraine’s democratic development and its path toward integration with the European Union.

The development of standards to protect against SLAPP lawsuits is an essential part of our path toward the European Union. We support the creation of a working group and an expert community dedicated to developing effective legislative solutions.

 Olha Kvashuk, representative of the International Renaissance Foundation

The first panel discussion was moderated by Karolina Shmalko. The speakers included:

  • Yurii Nikolov, investigative journalist;

  • Oksana Maksymeniuk, media lawyer and head of the legal department at the Institute of Regional Press Development (IRPD).

Participants shared their own cases and discussed why lawsuits are increasingly being used as a tool to pressure journalists.

Lawsuits have long been used in Ukraine as a means to pressure journalists, but the problem has become especially pressing with the growing influence of investigative journalism.

Oksana Maksymeniuk, media lawyer and head of the legal department at the Institute of Regional Press Development

The second panel discussion, “The European Standard of Protection: Is Ukraine Ready?”, was moderated by Liudmyla Tiahniriadno.

Among the speakers were:

  • Yan Bernazyuk, Judge of the Supreme Court in the Administrative Cassation Chamber;

  • Yaroslav Yurchyshyn, Member of Parliament, Chair of the Verkhovna Rada Committee on Freedom of Speech;

  • Oksana Nesterenko, Executive Director of ACREC;

  • Lyudmyla Opryshko, Media Lawyer, Human Rights Platform;

  • Oleksiy Boyko, Lawyer, Anti-Corruption Center.

During the discussion, Oksana Nesterenko presented an analytical research assessing the alignment of Ukrainian legislation with European Anti-SLAPP standards.

To effectively counter SLAPP lawsuits, it is essential to distinguish genuine cases from those disguised as lawsuits used purely as tools of intimidation.

Oksana Nesterenko, Executive Director of ACREC

ACREC has already developed 10 recommendations for aligning Ukrainian legislation with EU Directive 2024/1069, which sets standards for protecting individuals engaged in public life from abuses of the judicial system.

In her closing remarks, Maryana Metelska, journalist and editor-in-chief of the online outlet “Volyn Online,” shared firsthand insights on confronting SLAPP lawsuits, highlighting the pressures these cases place on regional journalists and the broader implications for independent media.

The ACREC team sincerely thanks all participants, partners, and experts for their active involvement and support in advancing the initiative to implement European mechanisms against SLAPP lawsuits.

Policy brief «10 RECOMMENDATIONS: Aligning Ukrainian Legislation with EU Directive 2024/1069 on the Protection Against Strategic Lawsuits Against Public Participation (SLAPP)» is available at the following link (in Ukrainian): https://acrec.org.ua/wp-content/uploads/2025/10/slapp-policy-NNN-7.pdf

The event was held as part of the research project “Countering SLAPP: Adapting Ukrainian Legislation to EU Standards”, supported by the European Union in Ukraine and the International Renaissance Foundation under the joint initiative “Joining the EU Together”. The views expressed during the event are those of the authors and do not necessarily reflect the position of the European Union or the International Renaissance Foundation.