12. 07. 2012

ANEM, NUNS AND NDNV PROTEST OVER THE COURT DECISION AGAINST MEDIA

Belgrade, Novi Sad, July 12, 2012 - Association of Independent Electronic Media (ANEM), the Independent Journalists' Association of Serbia (NUNS) and the Independent Journalists' Association of Vojvodina (NDNV) protest against the verdict of the High Court in Novi Sad, sentencing Novi Sad-based media Radio 021 and daily "Dnevnik" and their editors to pay compensation of damages for breach of honor and reputation to the plaintiff Goran Urosevic, who is currently serving a prison sentence in Pozarevac. This ruling is yet another evidence that the courts in Serbia pass decisions that threaten media and media freedom almost by rule.

The lawsuit was instigated after the news was released on the portal of Radio 021 and in daily "Dnevnik" back in November last year, about the judgment sentencing Urosevic and Blazo Boskovic from Stari Ledinci to prison terms of five and four years in prison respectively, for criminal offence of extortion. The article incorrectly stated that the judgment referred to the case of extortion in 2007 (in which the then District Court had ended the proceedings against Urosevic). In fact, the verdict was related to the case from 2009, when the two men, as stated in the verdict, "committed the offence of extortion by physically attacking and threatening a greater number of women in Kacka petlja".

ANEM, NUNS and NDNV remind that freedom of expression may be restricted (and this judgment in the case of Radio 021 and "Dnevnik" definitely represents such a restriction) only in indispensable cases in a democratic society. It is not however clear why the media is bound to pay damages in a case where the plaintiff had the opportunity to demand, under the Public Information Law, the free publication of information that the proceedings in the case of extortion from 2007 was terminated by court decision.

Another question is what kind of damage of reputation could the plaintiff have suffered, given that he was legally convicted of extortion, the fact that has definitely already compromised his reputation.

The media have indeed made a mistake, but the mistake in this case is not fundamental in nature, therefore the sentence is not proportional to the violation of the rights of the victim. The compensation could have been achieved with resources that would be considered as lesser court interference with freedom of expression.

Given that the media in Serbia are operating in very difficult economic conditions and that many of them are on the verge of existence, paying fees in cases where the protection of the rights of third parties could have been achieved otherwise, is a serious blow to them.

ANEM, NUNS and NDNV