Freedom of information and expression in the private international law of the European Union. The Anti-SLAPP Directive and evolution of the right of public participation

Abstract: Freedom of information, pluralism, public opinion and expression are notions that arose from the American continent and are now part of all democratic constitutions. In recent years, the phenomenon of continuous avalanche actions has taken the name of SLAPP, i.e. judicial proceedings which are revealed as unfounded and abusive given that they began after news of defamation against people who have damaged their dignity and personality rights. Journalists and people involved, as well as publishing houses participating in online publications have received multiple harmful actions. Two super partes courts such as the European Court of Human Rights and the Court of Justice of the European Union played a very important role in our investigation by trying to clarify the limits between personality rights, protection and freedom of expression and information. In particular, the CJEU referred to Regulation (EU) no. 1215/2012 as a guarantee for access to justice for victims who have suffered online defamation. The impact, the adequacy of private international law instruments of the European Union through the Regulation (EU) n. 1215/2012 and certainly by Regulation (EU) n. 864/2007 have offered a wide margin of research, appropriate for the proliferation of related actions in this regard. Equally important are the attempts of the European legislator and in particular the analysis of the anti-SLAPP directive offering a generous prism first of all of a political and then of a legal nature as a response to the minimum harmonization of aspects of material and procedural law for the Member States as well as the continuous evolutionary process of the international private law of the European Union in the procedural and not sector.