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Greenpeace International Begins Groundbreaking Anti-SLAPP Case To Protect Freedom Of Speech

Greenpeace International Begins Groundbreaking Anti-SLAPP Case To Protect Freedom Of Speech

Scoop2 days ago
In a landmark test case of the European Union's new legislation to protect freedom of expression and stop abusive lawsuits, Greenpeace International has overnight challenged the US oil pipeline company, Energy Transfer, in court in the Netherlands.[1]
The multi-billion-dollar company brought two back-to-back SLAPP suits against Greenpeace International and Greenpeace in the US, after Greenpeace showed solidarity with the 2016 peaceful Indigenous-led protests against the Dakota Access Pipeline. The first case was dismissed, but the Greenpeace organisations continue to defend against the second case, which is ongoing, after a North Dakota jury recently awarded over 660 million USD in damages to the pipeline giant.Activists from Greenpeace International and allies were present outside the courthouse in Amsterdam for the first hearing in the case with a banner reading " ENERGY TRANSFER, WELCOME TO THE EU - WHERE FREE SPEECH IS STILL A THING". Mads Christensen, Executive Director, Greenpeace International, says:"Energy Transfer's attack on our right to protest is an attack on everyone's free speech. Greenpeace has been the target of threats, arrests and even bombs over the last 50 years and persevered. We will continue to resist all forms of intimidation and explore every option to hold Energy Transfer accountable for this attempt at abusing the justice system. This groundbreaking anti-SLAPP case against Energy Transfer in the Netherlands is just the beginning of defeating this bullying tactic being wielded by billionaires and fossil fuel giants trying to silence critics all over the world. Something absolutely vital is at stake here: people's ability to hold corporate polluters to account for the devastation they're causing."
Russel Norman, Executive Director, Greenpeace Aotearoa, says:"The timing of this case is particularly poignant given that we are about to mark the 40th anniversary of the bombing of the Rainbow Warrior by agents of the French Government here in Auckland. The bombing was an act of desperation by the French Government in the face of our successful, people-powered campaign to end nuclear testing in the Pacific.
"Forty years ago, we showed that we could not be intimidated. Greenpeace only grew stronger, and together with the nuclear-free Pacific movement, we put a stop to nuclear testing. Now, as Greenpeace International goes to court in Amsterdam, Energy Transfer would also like us - and all climate activists - to be afraid and to shut up - but once again, we will show that we will not be silenced."The lawsuit is an important test of the European Union's Anti-SLAPP Directive, adopted in April 2024.[2] The Directive is designed to protect journalists, activists, civil society organisations, or anyone else speaking out about matters of public concern, from Strategic Lawsuits Against Public Participation (SLAPP) - unfounded intimidation lawsuits brought by powerful corporations or wealthy individuals seeking to suppress public debate.[3] Since Greenpeace International is a Netherlands-based foundation and the damage caused by Energy Transfers's US SLAPP suit is occurring in the Netherlands, both Dutch and EU law apply.
Amy Jacobsen, Senior Legal Counsel, Greenpeace International, says,"This case paves the way for protections from bullying lawsuits being implemented throughout Europe and beyond. The lawsuits that Energy Transfer have brought against Greenpeace International are the perfect example of the kind of abusive legal proceedings that the anti-SLAPP Directive is designed to protect against. By calling upon the EU anti-SLAPP Directive's protections, Greenpeace International refuses to allow the bullying tactics of wealthy fossil fuel corporations like Energy Transfer to compromise our fundamental free speech rights."
Following a dawn ceremony on the 10 July 2025 in Auckland, the Rainbow Warrior will be open to the public for tours and talks with the crew on the weekends of 12 July and 19th July.
Notes:
[1] The new EU rules are aimed at addressing the growing number of abusive lawsuits against journalists, media outlets, environmental activists and human rights defenders.
In February 2025, Greenpeace International initiated the first test of the European Union's anti-SLAPP Directive by filing a lawsuit in Dutch court against Energy Transfer. Greenpeace International seeks to recover all damages and costs it has suffered as a result of Energy Transfers's back-to-back, meritless lawsuits demanding hundreds of millions of dollars from Greenpeace International and the Greenpeace organisations in the US.
[2] EU Member States have until 7 May 2026 at the latest to transpose the rules into their national laws, but the Dutch government has indicated that the Directive's protections can already be applied under existing Dutch legal frameworks.
[3] Big Oil companies Shell, Total, and ENI have also filed SLAPPs against Greenpeace entities in recent years. Some of these cases have been successfully stopped in their tracks. This includes Greenpeace France successfully defeating TotalEnergies' SLAPP on 28 March 2024, and Greenpeace UK and Greenpeace International forcing Shell to back down from its SLAPP on 10 December 2024. Greenpeace Romania was being sued by the energy company Romgaz in 2025 - with the aim of dissolving the organisation, but their claims were withdrawn and they were forced to pay the court expenses to Greenpeace Romania. Greenpeace Italy and Greenpeace Netherlands are facing the Italian oil giant Eni in an ongoing court case in Italy.
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