Palermo: The Anti-SLAPP Directive has been law across the Union since its transposition deadline of 7 May 2026, yet 14 member states still face Commission infringement proceedings for failing to report complete national rules. Italy sits on that list, which makes the Sicilian capital a fitting place to ask how journalists and activists are protected against abusive lawsuits.

On 15 July 2026 the Commission sent letters of formal notice to Bulgaria, Czechia, Germany, Ireland, Greece, Spain, Italy, Luxembourg, Hungary, the Netherlands, Austria, Portugal, Romania and Slovakia. The Commission press release on transposition gives each government two months to reply before the next step.

The Anti-SLAPP Directive, formally Directive (EU) 2024/1069, targets strategic lawsuits against public participation, known as SLAPPs. Courts must be able to dismiss manifestly unfounded claims early, order claimants to pay costs, and sanction those who file abusive cases. Victims also gain safeguards against third-country judgments that target European journalists.

Some governments finished on time. France, Latvia and Lithuania brought rules into force on 7 May, Slovenia acted in February, and Sweden followed on 1 May, according to a status survey by the European Association of Private International Law. Malta had already published its legal notice in 2024.

Others fell short in different ways. Ireland has drafted a new part of its Defamation Act that has not yet commenced, while a Romanian bill was still waiting in the Senate. Such partial steps do not satisfy the Commission, which expects complete transposition and a formal notification to Brussels.

The Anti-SLAPP Directive matters because abusive litigation drains small newsrooms. A single claim can cost a freelance reporter more than a year of income, and the threat alone silences reporting on corruption or organised crime. Press-freedom groups argue that fast, uniform rules across the Union give targets a realistic chance to fight back.

Letters of formal notice are the first stage of the Article 258 procedure. If a reply fails to convince the Commission, it can issue a reasoned opinion and, later, refer the case to the Court of Justice, which may impose financial penalties. The Commission has not yet announced further steps against the 14 states.

The Council of Europe adopted its own recommendation on SLAPPs in April 2024, so national lawmakers already hold a template for compliance. Governments that delay risk legal uncertainty for courts that must apply the new tools to cross-border cases.

Civil society now watches the autumn infringement cycle. Each additional month without transposition leaves journalists in the affected countries with weaker defences, and the Anti-SLAPP Directive only delivers its promise once every national parliament finishes the job.