Bulgarian Parliament Adopts Protections Against SLAPP Lawsuits
Published Wednesday 30 September 2026 at 14:21
Journalists, civil society activists, human rights defenders and others involved in public debate will receive stronger protection against so-called SLAPP lawsuits after Bulgaria’s Parliament adopted amendments to the Code of Civil Procedure.
The changes introduce special safeguards against manifestly unfounded claims and abusive court proceedings brought in response to a defendant’s public participation.
The legislation was submitted by the Council of Ministers and transposes the requirements of EU Directive 2024/1069 on protecting persons who engage in public participation from manifestly unfounded claims or abusive court proceedings. The bill passed its first reading in Parliament on 10 September and was subsequently approved at second reading by the parliamentary Legal Affairs Committee before its final adoption.
What are SLAPP lawsuits?
SLAPP stands for Strategic Lawsuits Against Public Participation. The term refers to legal proceedings that may be used not primarily to protect a genuinely infringed right, but as a means of exerting pressure on individuals or organisations because of their involvement in public debate.
Lengthy proceedings, high legal costs and disproportionately large claims can place significant financial and reputational pressure on defendants and discourage them from continuing to report, speak or campaign on matters of public interest.
Justice Minister Nikolay Naydenov explained during the parliamentary debate on the bill that the protection is not limited to journalists and media outlets but extends to anyone exercising freedom of expression and information. Journalists, human rights defenders and members of the academic community are among those who could benefit from the new safeguards.
Not every lawsuit against a journalist, media outlet or activist constitutes a SLAPP, however. Courts will have to consider the circumstances of each case and determine whether there are indications that judicial proceedings are being abused to restrict public participation.
Early dismissal of manifestly unfounded claims
The amendments create a special chapter in the Code of Civil Procedure governing proceedings related to a defendant’s public participation.
“Public participation” covers statements and activities made in the exercise of freedom of expression and information, freedom of the arts and sciences, and freedom of assembly and association when they concern a matter of public interest.
One of the key changes is a mechanism allowing manifestly unfounded claims to be dismissed at an early stage.
When assessing whether proceedings may constitute an abuse of the judicial process, courts will be able to consider factors including an imbalance of power between the parties, an excessive, disproportionate or unjustified claim, intimidation or harassment, threats, and economic or political pressure.
Other relevant circumstances may include multiple or coordinated proceedings, abuse of procedural rights and actions aimed at discrediting the defendant.
The legislation also provides additional safeguards against the use of interim measures as a form of economic pressure. Non-profit organisations, as well as professional and trade union organisations, will be able, under certain conditions, to submit evidence in support of defendants.
Protection will also cover purely domestic cases
A significant element of the Bulgarian legislation is that it goes beyond the minimum scope of the EU directive.
The new safeguards will apply not only to cases with cross-border implications but also to purely domestic civil and commercial proceedings. This means that the protections may apply, for example, when a Bulgarian journalist or civil society activist is sued by a Bulgarian individual or organisation over their public participation on a matter of public interest.
The changes are intended to prevent judicial proceedings from being used as a tool to intimidate or silence participants in public debate, while preserving the right of individuals and organisations to seek legitimate judicial protection when their rights have been infringed.
