A perfect SLAPP - How the Do Paço case highlights contradictions between GDPR and freedom of speech

  • Workshop
  • Living Room
  • Wednesday 20.05 — 16:00 - 17:15
With the example of the César do Paço’s lawsuit against the Wikimedia Foundation we want to highlight a problem within the EU's legal framework, that GDPR is harmonised across EU but freedom of speech is not. This can lead to interesting contradictions, for example, the “right to be forgotten” was enforced, but the protection of personal user data - needed by the claimant to enforce further individual trials - was not. The case is a clear example of the tension between two fundamental rights: on the one hand, freedom of expression and on the other the right to privacy. This lawsuit can be described as a perfect SLAPP case. As SLAPP cases include power imbalances, we will describe very relatable, why freedom of speech and individual rights need to be protected. Starting with a short presentation, we will include interactive elements and discuss extensively with the audience. We would like all to contribute with their knowledge to other legal issues of concern, suggest solutions and maybe even plan future actions (e.g. publications, hearings) on this matter.

Host

Michele Failla

Wikimedia Europe - Europe

Michele Failla works at Wikimedia Europe as Lead EU Law and Policy Advisor, advocating for the protection of Wikimedia projects and community as well as freedom of speech at large. His recent work focused on SLAPPs, platform liability and age-verification. He previously served as EU Affairs Advisor at the Belgian Conseil Supérieur de l'Audiovisuel and as Legal and Political Advisor at the European Parliament, covering media law, copyright rules, digital, cultural and constitutional issues. He holds holds a Bachelor of Laws and a Master of Science in Law from Bocconi University as well as a postgraduate Master in European Political Studies from College of Europe.

Host

Saskia Ostendorff

Wikimedia Germany - Germany

Dr. Saskia Ostendorff is General Counsel at Wikimedia Deutschland, lawyer and policy expert in media, copyright and digital regulation. Her work focuses in particular on freedom of expression, platform regulation, generative AI, and the governance of emerging technologies. She is co-editor of a leading German textbook on copyright law, publishes regularly in academic journals, and is regularly invited to teach and lecture on media, copyright and digital law. She contributes to legislative and policy debates at the intersection of fundamental rights, technology and democratic governance, and serves as Deputy Chair of the Digital Commission of the Deutscher Juristinnenbund.