Before You Publish: Europe Legal Pre-Publication Review Guide for Journalists

The law is increasingly being weaponised around the world to silence public interest reporting. While some cases brought against journalists are legitimate, many are not. Some cases, known as Strategic Lawsuit Against Public Participation suits (SLAPPs), are deliberately brought to silence or intimidate journalists. The fear of retaliation or costly lawsuits may discourage publication or cause a journalist to remove a story. This has the effect of chilling speech and may undermine public discourse, often on matters of public interest.

This guide has been published in response to this context, with a focus on European jurisdictions. It aims to assist journalists working in Europe to minimise their legal liability by providing a checklist of factors to consider before publishing a story. While this may not prevent SLAPP suits or other legal attacks on journalists, this Guide seeks to assist journalists in:

• acting ethically,
• limiting their legal liability, and
• ensuring that they may raise a reasonable defence before a court to avoid unfair legal sanctions.