Anti-SLAPP, Decree 194 published: early dismissal of intimidatory lawsuits

Legislative Decree no. 194 of October 8, 2026, is published in the Official Gazette of the Italian Republic, General Series no. 248 of October 24, 2026, and transposes Directive (EU) 2024/1069 against strategic lawsuits intended to block public participation. The text introduces the early dismissal of manifestly unfounded claims, the awarding of costs, and the publication of the judgment. It is signed by the President of the Republic Mattarella upon the proposal of the Minister for European Affairs, the PNRR and Cohesion Policies Foti and the Minister of Justice Nordio, in agreement with Tajani and Giorgetti, with reference (26G00210).

The delegation arises from Article 6 of Law no. 36 of March 17, 2026 (European delegation law 2025), following the preliminary deliberation of the Council of Ministers on July 2, 2026, and the final one on October 2, 2026. The transposed directive was published in the Official Journal of the European Union on April 16, 2024, L Series.

A remedy limited to cross-border civil matters

Article 3 defines the scope: it applies to civil and commercial matters, including counterclaims and precautionary proceedings, brought against natural or legal persons “by reason of their public participation” and with cross-border implications. The following are excluded:

• criminal, tax, customs, and administrative matters;
• State liability for actions or omissions in the exercise of public powers;
• arbitration and civil action within criminal proceedings.

The eligible group is not defined by professional category but by activity: Article 2 protects those exercising freedom of expression and information, freedom of the arts and sciences, and freedom of assembly and association on issues of public interest. Among the listed areas are fundamental rights, health, safety, environment and climate, the activities of public figures, and accusations of corruption or fraud.

Early dismissal and deadlines

The core of the decree is the request for early dismissal under Article 6, which the defendant files within the appearance deadlines provided for by Articles 166 or 281-undecies of the code of civil procedure; in the case of a counterclaim, the deadline is thirty days from notification. The request must be notified to the opposing party within ten days of filing and must set out the reasons for the manifest lack of merit. The opposing party replies with a brief within thirty days, and the judge sets the hearing within the following thirty days.

Article 2, paragraph 2, lists the indicators of abuse:

• the disproportionate, excessive, or unreasonable nature of the claim, including the excessive value of the dispute;
• the pendency of a plurality of proceedings with the same or similar claims;
• conduct involving intimidation, harassment, or threats, including in connected cases;
• the bad faith use of procedural tactics, such as adjournments, opportunistic choice of forum, or the abandonment of the case at an advanced stage.

Legal associations, expenses, and foreign judgments

Article 5 allows associations, trade unions, and other collective bodies that protect the rights of persons active in public participation to intervene in support of the defendant, with a notice of appearance filed at least twenty days before the hearing and notified within the following five; intervention requires the consent of the defendant, which may be revoked until the case is reserved for decision.

Regarding the consequences, Article 13 refers to Articles 91, 92, 93, and 96 of the code of civil procedure and provides that, once the abusive nature is established, the judge shall, even ex officio, order the losing party to pay damages pursuant to Article 96, third paragraph; the judge may also order the publication of the judgment pursuant to Article 120. Article 10 allows the judge to impose a security deposit to cover expenses, while Article 14 opens a claim for damages to anyone, resident or domiciled in Italy, who has been summoned before a body of a third country.

The decree applies only to proceedings initiated after its entry into force (Article 17) and without new burdens on public finances (Article 18). The Ministry of Justice will publish final judgments every two years and will transmit aggregated data on the proceedings initiated to the European Commission annually. For those who write, document, or protest on issues of public interest, the practical change is the possibility of closing an intimidatory lawsuit early and recovering expenses.

Source: Official Gazette of the Italian Republic, General Series no. 248 of October 24, 2026 — Legislative Decree October 8, 2026, no. 194 (26G00210).