Since 10 October 2026 the Civil Procedure Code has a new chapter for cases brought against a defendant because of their public participation (State Gazette No. 92 of 6 October 2026). What changes for journalists, activists, researchers and anyone who has spoken out on a matter of public interest.
In brief
- The Act was published in State Gazette No. 92 of 6 October 2026 and has been in force since 10 October 2026. The new Chapter Thirty-Three “b” (Arts 388s–388ch of the Civil Procedure Code) applies to every civil and commercial case brought because of the defendant’s public participation, including on appeal, and not only in cross-border disputes.
- The defendant can ask for the claim to be dismissed as manifestly unfounded, at the latest at the first hearing. The claimant has one week to substantiate the claim, and the court then gives judgment within two weeks.
The Act amending the Civil Procedure Code, tabled by the Council of Ministers on 31 July 2026, transposes Directive (EU) 2024/1069 on protecting persons who engage in public participation from manifestly unfounded claims or abusive court proceedings, commonly known as SLAPPs (strategic lawsuits against public participation). The deadline for transposing the Directive expired on 7 May 2026. The Act was adopted on 30 September 2026, published in State Gazette No. 92 of 6 October 2026 and, as it sets no other date, entered into force on 10 October 2026 (Art. 5(5) of the Constitution).
What public participation means
Public participation is any statement or activity by a natural or legal person in the exercise of the freedom of expression and information, the freedom of the arts and sciences or the freedom of assembly and association, together with related preparatory and supporting acts, on a matter of public interest (§ 1(5) of the Supplementary Provisions of the Civil Procedure Code). A matter of public interest is one that can affect the rights and legitimate interests of the public, for example in the following areas (§ 1(6)):
- fundamental rights, public health and safety, the environment or the climate;
- the activities of a public figure in the public or private sector;
- matters under consideration in proceedings before legislative, executive or judicial bodies, local government bodies or in other proceedings provided for by law;
- reports or publicly disclosed information about corruption, fraud or other criminal or administrative offences;
- the protection of the values referred to in Article 2 of the Treaty on European Union or in the Constitution, including the protection of democratic processes from undue interference, in particular through the fight against disinformation.
The protection is not limited to journalists and the media. It also covers activists, non-governmental organisations, researchers, artists, trade union members, whistleblowers and anyone who has taken a position on such a matter, for example in an article, an interview, a report to an authority or a social media post.
Which cases the new rules cover
The rules apply to every civil and commercial case brought because of the defendant’s public participation (Art. 388s), and correspondingly before the appellate court (Art. 388ch). Most often these are damages claims for defamation or insult, for harm to commercial reputation or for non-pecuniary loss caused by an article, a report or a protest. The Directive requires protection only in cases with cross-border implications, but the Bulgarian Act applies it to purely domestic disputes as well. Where the court finds that the case was brought because of the defendant’s public participation, it says so expressly in the operative part of the judgment, together with whether the case has cross-border implications within the meaning of Article 5 of the Directive (Art. 388h(2)).
The new rules do not take away anyone’s right to go to court to protect their honour, reputation or commercial standing. A well-founded claim is heard under the ordinary rules. The new rules target claims whose main purpose is to prevent, restrict or penalise public participation.
Early dismissal of a manifestly unfounded claim
The defendant can ask for the claim to be dismissed as manifestly unfounded. The request must be made at the latest at the first hearing, but it is best included in the defence. In cases filed before 10 October 2026 in which the first hearing has already been held, the defendant can ask for the new rules to be applied until the close of the trial stage (§ 6 of the Act’s transitional and final provisions). The procedure is short (Art. 388t):
- within one week of the request, the court instructs the claimant to comment and to substantiate the claim;
- the claimant has one week to do so;
- if the request is well founded and the claimant fails to substantiate the claim, the court gives judgment dismissing it; if the request is unfounded, the case continues under the ordinary rules;
- the court delivers the judgment with reasons within two weeks after the claimant’s time limit expires;
- the judgment can be appealed under the ordinary rules.
The claim is dismissed by a judgment rather than the case being discontinued. Once final, the judgment is res judicata, so the same claim cannot be brought again.
We act for defendants in damages claims over articles, statements and reports, and for people whose honour and reputation have been harmed and who seek redress in court. Our office is next to the Palace of Justice in Sofia.
How we can help
We can defend you in a case brought over a statement, article or report you made, from the defence to any appeal.
- We assess whether the case falls under the new chapter and whether to seek early dismissal
- We draft the defence, including the request to dismiss the claim as manifestly unfounded
- We gather evidence of the public interest and of the signs of abuse
- We apply for security for your costs and challenge unjustified freezing orders
- We represent you on appeal and before the Supreme Court of Cassation