In Belgium, no specific legal provisions have been adopted to counter SLAPPs. Consequently, there are no particular procedural options for dismissing a SLAPP in the initial or early stages of legal proceedings.

The only countermeasure that Belgian law currently provides, which can also apply in cases of SLAPPs, is the court’s ability to declare an action vexatious or reckless. An action may be considered vexatious or reckless if a party exercises its right with the intent of causing prejudice to the opposing party or in a manner that clearly exceeds the normal exercise of that right by a prudent and foresighted person.

According to Article 780bis of the Belgian Judicial Code, a party that misuses the administration of justice for manifestly obstructive or unlawful purposes may be fined between €15 and €2,500. However, this provision does not apply to disciplinary or criminal cases.
In addition, the victim of a SLAPP can claim compensation under the Civil Code for damages caused by the wrongful conduct of the initiating party. In criminal cases, Articles 159 (police court), 191 (correctional court), and 212 (court of appeal) of the Code of Criminal Procedure allow the judge to rule on the defendant's claim against the civil party for damages caused by the prosecution. Belgian authorities have yet to develop more specific legal provisions to enable victims to counter SLAPPs more efficiently and effectively. Potential measures could include introducing early dismissal options for identifying and addressing SLAPPs quickly, implementing targeted sanctions for abuse of process, and developing financial and legal support programs for SLAPP defendants.

International efforts are also underway to establish legal frameworks to combat SLAPPs. See also: A small history of SLAPP.

The Coalition Against SLAPPs in Europe (CASE) provides a guide with useful tips and recommendations to avoid or tackle SLAPPs. The ‘CASE Handbook: How to prevent SLAPPs or get help if it's too late' can be found here.