The article was drafted by Dimitris Chatzimichael, Partner & Christina Tsiouma, Legal Trainee for Lexology on October 30, 2026.
Introduction
“Short of a gun to the head, a greater threat to First Amendment expression can scarcely be imagined.” With these words, Judge J. Nicholas Colabella captured the chilling effect of Strategic Lawsuits Against Public Participation (SLAPPs); a term used to describe legal proceedings initiated with the aim of burdening, intimidating or silencing individuals and organizations that actively engage in matters of public interest.
At EU level, Directive (EU) 2024/1069 established procedural safeguards against manifestly unfounded claims and abusive court proceedings targeting public participation in cross-border civil matters. Named in honor of Daphne Caruana Galizia, a Maltese investigative journalist who was tragically murdered in 2017, the Directive, also known as “Daphne’s Law”, forms part of a broader European response to the growing use of litigation as a means of discouraging public scrutiny.
Against this European backdrop, Greece has recently adopted Law No. 5326/2026 (Part A), transposing Directive (EU) 2024/1069 and extending anti-SLAPP safeguards beyond the Directive’s cross-border scope to domestic civil proceedings. The legislation, which entered into force on 16 September 2026, raises an important question: can the new framework serve as an effective shield against abusive litigation while preserving the right to bring legitimate claims before the courts?
This article examines the context and scope of the Greek anti-SLAPP framework, its principal procedural safeguards and the corporate litigation risks that may arise as a counterbalance to public scrutiny during its application.
The European Foundation: Directive (EU) 2024/1069
Within the European Union, SLAPPs are understood as retaliatory lawsuits intended to stifle freedom of expression on matters of public concern. These may encompass topics such as gender equality, non-discrimination, media pluralism, public health, environmental protection and labor rights, as well as disclosures concerning corruption, fraud and money laundering.
The reason SLAPPs have attracted such significant attention is that they often take the form of manifestly unfounded or abusive legal actions brought by powerful entities against public watchdogs (e.g. journalists, bloggers, activists and human rights NGOs). Fundamentally, what better way to frighten the latter into silence than by threatening them with long-running, costly legal battles, frequently involving forum shopping or deliberate delays?
This concern prompted the adoption of Directive (EU) 2024/1069, which establishes procedural safeguards against such proceedings in cross-border civil matters, and is complemented by the European Commission’s Recommendation of April 2022, which addresses matters including training, awareness-raising, victim support and monitoring.
From freedom of expression to the performing arts and academic teaching, the Directive essentially seeks to protect the rights of individuals and organizations participating in public debate through three main pillars: (a) the early dismissal of manifestly unfounded claims; (b) remedies against abusive litigation, including the full award of legal costs; and (c) the possibility of refusing recognition and enforcement of third-country judgments stemming from SLAPP proceedings.
Moreover, it imposes supporting obligations on Member States that include provisions allowing qualified entities and NGOs to support defendants, as well as mechanisms facilitating transparency, data collection and public access to court statistics.
The value of regulating SLAPPs through a Directive lies in the flexibility afforded to Member States to transpose measures suited to their national legal systems, while retaining the discretion to introduce or maintain higher standards of protection.
A case in point is the Greek initiative under the new Law No. 5326/2026 (Part A), which substantially exceeds the Directive’s minimum harmonization standards.
Beyond the Directive: Greece’s Extended Anti-SLAPP Protection
On 4 August 2026, Greece enacted legislation transposing Directive (EU) 2024/1069 into its domestic legal framework.
Through Law No. 5326/2026 (Part A), the Greek legislator chose to go one step further by extending the protection available under the Directive to private law disputes before the civil courts, including actions, provisional protection proceedings, and counteractions, whether cross-border or purely domestic.
In the same vein, a fast-track screening mechanism has been introduced to enable the early dismissal of SLAPPs before the parties incur the costs of a full trial. Under Article 5 of Law No. 5326/2026, the defendant may apply for the early dismissal of an action as manifestly inadmissible or manifestly unfounded within thirty (30) days of service of the claim. The claimant may oppose the application by submitting written pleadings and supporting evidence within thirty (30) days of service of the application. The proceedings are subject to strict procedural deadlines, including a deadline of thirty (30) days from the hearing for the issuance of a decision.
In addition to this early-dismissal mechanism, Article 6 provides a separate procedural avenue for arguing the abusive nature of the action during pleadings, with the burden of proof resting on the defendant.
To prevent litigation from serving per se as a punishment for the weaker party, the new law provides for measures where there is an obvious risk that the claimant will be unable to satisfy a cost order. It also provides for sanctions in cases of abusive proceedings, including an award of litigation costs, publication of the judgment and the imposition of a financial penalty.
As regards interim proceedings, it is worth noting that organizations whose statutory purpose includes defending public participation are now entitled to intervene in support of the defendant, in line with the Directive’s underlying rationale.
Lastly, the law introduces a special jurisdictional basis for cases involving cross-border elements: persons residing or established in Greece who are targeted by abusive proceedings may bring claims for damages and costs before the courts of their place of residence or establishment within the forum. An additional ground is similarly provided for refusing the recognition and enforcement of foreign judgments arising from proceedings brought to discourage public participation.
Especially in disputes concerning publications or radio and TV broadcasts, Law 5344/2026 complements the anti-SLAPP framework by requiring a mandatory introductory session of arbitration or mediation, with a view to avoiding recourse to the courts in the first place.
You can read the full article here: Greece’s New Anti-SLAPP Law: Safeguards and Litigation Risk – Lexology