Journalists, activists, lawyers, and civil society organisations are calling on the Polish government together: the draft anti-SLAPP law requires significant improvements before it goes to a vote.
On 7 May 2026, the deadline passed for transposing the European Union’s anti-SLAPPs Directive, which has been designed to protect participants in the public debate from legal harassment that aims to silence, exploit and intimidate them.
Read the statement (in Polish)
Ahead of the parliamentary session scheduled for 12 to 15 May, civic organisations and journalists representing a wide spectrum of diverse political communities in Poland published a joint statement calling for urgent yet thorough engagement with the draft law. While the signatories appreciate that the draft goes beyond the minimum set by the directive – including by covering domestic cases – they stress that it still requires substantial amendments if the law is to be truly effective.
What is missing from the current draft?
First, the fast-track dismissal mechanism relies on the concept of a ‘manifestly unfounded claim’ – a standard that courts in practice interpret too narrowly. A professionally drafted SLAPP will always create an appearance of legitimacy, which is why a legislative change is needed, replacing a hope that case law will evolve on its own.
Second, the draft does not reverse the burden of proof, contrary to the directive’s requirements. A SLAPP victim would still have to prove that their actions were lawful.
Third, there is no provision for awarding compensation within the same proceedings. The defendant would have to bring a separate lawsuit, generating additional costs and years of waiting.
Fourth, the draft omits criminal proceedings. Yet in Poland, defamation under Article 212 of the Criminal Code is one of the most common SLAPP instruments. The signatories call for changes to criminal procedure and for opening a debate on the decriminalisation of defamation.
The particular significance of this statement lies in who signed it: individuals and organisations representing vastly different views and communities. Such a broad coalition confirms that protecting public debate is a cross-party value that knows no political allegiances.
The goal of the statement is not to block the progress of the legislation – quite the opposite. The signatories call on the Sejm, Poland’s primary legislative body, to conduct the legislative process efficiently and with the involvement of civil society organisations, journalists, and legal experts, using the parliamentary stage to introduce the necessary amendments. Without a law, Poland remains in breach of EU law, and citizens remain without protection.
Read the statement (in Polish)
Media contact: Katia Mierzejewska [email protected]