Judge of the Supreme Court in the Administrative Cassation Court joins discussion on protecting individuals from SLAPP lawsuit abuses

Supreme Court Judge in the Administrative Cassation Court Yan Bernaziuk participated in the panel discussion titled “When the Court Becomes a Tool of Pressure: How to Protect Against SLAPP Lawsuits?”, organized by the Interdisciplinary Anti-Corruption Research and Education Centre in Ukraine (ACREC) with the support of the International Renaissance Foundation.

SLAPP (Strategic Lawsuit Against Public Participation) is a strategic lawsuit aimed at intimidating, exhausting, and silencing civil activists and journalists who raise important societal issues.

During the event, an analytical study was presented on the compliance of Ukrainian legislation with European standards. The real impact of SLAPP lawsuits on journalists and civil activists was highlighted, and possible ways to implement European Union standards in Ukraine aimed at protecting individuals engaged in public life from abuses of judicial processes (SLAPP lawsuits) were discussed. The discussion focused on finding a fair balance between the right to access justice and freedom of speech - a central principle of European approaches to countering SLAPP lawsuits.

In the discussion panel “European Protection Standard: Is Ukraine Ready?”, Yan Bernaziuk spoke about judicial practice that references the concept of SLAPP lawsuits. In particular, he cited the ruling of the Dnipro Appellate Court dated January 21, 2025, in case No. 205/1262/24. The lawsuit in this case concerned the protection of honor, dignity, and business reputation of an individual who expressed an evaluative judgment on a social network regarding the plaintiff's public position. According to the judge, the value of this ruling lies in the fact that the defendant directly stated in court that the lawsuit had the character of a SLAPP.

The speaker also drew attention to the Supreme Court resolution of October 28, 2025, in case No. 520/8464/24.  In it, among other things, the Court noted that, in accordance with paragraph 2 of the Appendix to Recommendation CM/Rec(2024)2 of the Committee of Ministers of the Council of Europe to member states on countering the use of strategic lawsuits against public participation, dated April 5, 2024, member states of the Council of Europe must ensure an appropriate balance between an individual's right to access the court and the need to counter abusive judicial actions.

The judge also addressed existing legislative and judicial mechanisms aimed at preventing the abuse of court lawsuits used to pressure journalists, activists, human rights defenders, and other individuals participating in public discussions.

Yan Bernaziuk outlined the main elements of such measures:

– swift dismissal of unfounded claims – the possibility for the defendant to file a motion for immediate termination of the proceedings;

– negative procedural consequences for claimants – the obligation of the claimant to compensate the defendant's costs;

– shifting the burden of proof – the claimant must prove that their lawsuit is not an attempt to restrict freedom of expression.

In addition, the speaker emphasised the key characteristics of SLAPP, namely:

• disproportion between the stated claims and the actual circumstances of the case (the lawsuit may contain unsubstantiated demands that do not correspond to the real harm suffered by the claimant);
• excessive formalism and abuse of procedural rights (the claimant may use procedural tools to prolong the consideration of the case, create obstacles for the defendant, and increase their legal defence costs);
• aimed at intimidation and creating financial pressure on the defendant (SLAPPs are often used to force the defendant to abandon their public activity or criticism of the claimant, by threatening them with court costs, etc.);
• public nature of the defendant's activity, related to the protection of human rights, environmental protection, etc. (SLAPPs are most frequently directed against journalists, activists, human rights defenders, and other individuals who publicly express their opinions or criticise the actions of authorities or businesses);
• lack of any real prospect of the claimant winning the case (SLAPPs are often filed not so much to win the case as to intimidate the defendant and hinder their activities).

For more details, see Yan Bernaziuk's presentation at the link: https://court.gov.ua/storage/portal/supreme/prezentacii_2025/152_SLAPP_bernaziuk.pdf.