#2026-337France creates fast-track protections against abusive lawsuits targeting public debate
AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.
This decree gives French civil courts new tools to deal with abusive or clearly baseless lawsuits aimed at people or organizations because they took part in public debate. It targets so-called SLAPP-style claims, where litigation is used to pressure journalists, NGOs, activists, researchers, businesses, or others into silence. From 7 May 2026, judges can prioritize these cases, dismiss clearly unfounded claims quickly, order an advance payment to help defendants cover litigation costs, and require abusive claimants to reimburse the defendant’s procedure costs, including full legal representation costs unless they are excessive. The rules apply to cases filed from that date, including in Wallis and Futuna.
AI-generated summary. May contain errors. Refer to official sources for legal decisions.
Key Changes
- Creates a fast-track mechanism to dismiss clearly baseless claims linked to participation in public debate.
- Allows courts to award defendants an advance to help cover litigation costs in these cases.
- Requires abusive claimants to reimburse the defendant’s procedure costs, including legal representation costs unless excessive.
Obligations
What this law requires
French civil judges handling proceedings brought against natural or legal persons because of their participation in public debate may award defendant parties an advance payment to cover litigation costs.
French civil judges may rapidly dismiss, by reasoned decision, any claim that is manifestly unfounded when the proceeding was brought because of the defendant’s participation in public debate.
Where a proceeding brought because of participation in public debate is abusive, the judge must order the claimant to pay the other party’s documented procedural costs, including all legal representation costs unless those costs are excessive.
Cases in which the judge intends to award a litigation-cost advance or rapidly dismiss a manifestly unfounded claim must be scheduled with priority.
When setting the hearing date and time for use of the new anti-SLAPP procedural powers, the judge must ensure that enough time has passed for the original claimant to reply.