SLAPP in Romania – Case Study

“In many cases, SLAPPs are civil defamation cases, brough either under the general provisions on tort (răspundere civilă delictuală) or under the special provisions of the Civil Code on the protection of non-pecuniary subjective rights (the right to private life, the right to personal dignity, the right to one’s image, the right to protection of personal data). Such proceedings can be on the merits and/or for temporary measures and aim at obtaining moral or material damages and/or put an end to the alleged violations of the non-pecuniary subjective rights. In practice, in many cases the claimants specifically aim at silencing the targets by asking the courts to forbid the targets to make further public statements in their respect. Such claims are manifestly abusive as the Romanian Civil codes expressly forbids gag orders for future manifestations of freedom of expression, either on the merits or as a temporary measure.”

Read more about the cases of strategic lawsuit against public participation in Romania in the case study bellow, written by Diana Hatneanu.