A message claiming that a draft law has reached the government which “will prohibit bringing lawsuits against supporters of the current authorities” gained wide traction on social media towards the end of 2025.
However, as the Latvian Ministry of Justice (MoJ) explains, the draft law “Law on the Protection of Persons Involved in the Public Interest” does not prohibit bringing claims against any person, including journalists, non-governmental organizations, activists or other individuals who express opinions in the public interest. The aim of the new law is to strengthen protection against strategic lawsuits (SLAPPs).
Last December, a post by Rihards Freidenfelds circulated on the social network X, in which he stated that a draft law had reached the government that would prohibit bringing lawsuits against supporters of the current authorities. In his post, he claimed that the draft legal act “Law on the Protection of Persons Involved in the Public Interest” in its Latvian version is much stricter than required by the European Union (EU) directive. He explained that the directive focuses only on cross-border cases, whereas in Latvia it would apply to all cases.
Aim – to strengthen freedom of speech
The draft law provides for the transposition of Directive (EU) 2024/1069 of the European Parliament and of the Council into the Latvian legal system. It introduces protection mechanisms for individuals who, in the public interest, express opinions or disseminate information of public importance and against whom manifestly unfounded or abusive civil claims are brought.
Member States must transpose the directive into national law by 7 May 2026.
Delfi requested clarification on the draft law from the MoJ, which is responsible for it. The Ministry emphasizes that the aim of the draft law is to strengthen protection against strategic lawsuits. It is planned that “the changes will strengthen freedom of speech and the public’s right to receive comprehensive and high-quality information, ensuring greater , editorial teams, civic activists and researchers, protecting them from abusive litigation and reducing the risk of self-censorship”.
The MoJ notes that the draft law does not restrict individuals’ rights to defend their honor, dignity, reputation, or other civil-law interests in court. Nor does it grant immunity to people acting in the public interest.
The purpose of the regulation is to provide courts with instruments to identify and prevent manifestly unfounded or abusive claims – so-called strategic lawsuits (SLAPPs) – whose aim is not the protection of rights, but intimidation or exerting pressure. In each case, the decision is taken by the court after an individual assessment of the circumstances, the MoJ stresses.
It is envisaged that protection mechanisms will be applied only if the court finds that the claim is manifestly unfounded or brought abusively. If a person, under the pretext of acting in the public interest, has acted in bad faith – for example, by deliberately disseminating false information – the court will not apply these mechanisms. Independent fact-checkers in Latvia have also already pointed out that the draft law provides protection against abusive litigation rather than restricting opinions, the Ministry emphasizes.
Managing partner of the Latvian office of Sorainen Ieva Andersone previously stated on the livestream broadcast “Spried ar Delfi” that, in her view, the new law has been prepared in accordance with the requirements of the directive. “It is stated what constitutes the public interest and which lawsuits could give the impression that their real aim is to silence defenders of the public interest. For example, if the claimant regularly brings such claims, or if excessive damages are sought, or there are some other indicators,” Andersone said.
“And what I find very appealing is that one of the measures the court may apply […] is to require the claimant, right at the outset, to deposit security in case the claim turns out to be unfounded,” continued the managing partner of Sorainen’s Latvian office. She predicted that this could be an effective tool to deter the bringing of such claims.
Applies also to domestic cases, but is not contrary to EU regulation
The MoJ acknowledges that the protection would also apply to domestic cases – for example, if a Latvian company or individual were to bring a claim against a Latvian journalist. This has been done “to avoid situations where, at national level, persons subject to the law remain unprotected and strategic lawsuits can still be brought against them”.
The European Commission emphasizes that it would be desirable for Member States to extend “anti-SLAPP” protection to national-level cases as well, and that it is legally justified to ensure equal protection mechanisms for both cross-border and domestic cases. This is to avoid unequal protection whereby individuals would be protected only in cross-border situations but not at national level, and to effectively safeguard freedom of expression and public participation within Latvia itself. Thus, as the Ministry stresses, Latvia’s approach is not contrary to EU regulation, but rather ensures protection aimed at strengthening democracy.
The government approved the draft Law on the Protection of Persons Involved in the Public Interest prepared by the MoJ, along with related amendments to the Civil Procedure Law, without discussion on 22 December. For the new law and the amendments to enter into force, they must still be adopted by the Saeima.
