ANEM: The ruling against the 021 portal in the lawsuit filed by Nemanja Šarović could have far-reaching consequences for media freedom.
The Novi Sad portal 021 has been sentenced, following a lawsuit by politician and journalist Nemanja Šarović, for publishing a statement made by the President of the Assembly of Serbia, Ana Brnabić. According to the ruling, 021 is required to pay Šarović 70,000 dinars in compensation for non-material damage due to suffering mental anguish from the violation of his honor and reputation, as well as 85,000 dinars for litigation costs.
This concerns the transmission of a statement by a high-ranking state official, which was faithfully conveyed by 021 from another media outlet with proper attribution. This is just one of several absurd lawsuits that 021 has faced in recent months.
Nemanja Šarović has sued 021 because on November 26, 2024, an article was published, taken from the website of Radio-Television of Serbia, titled "Brnabić: The Opposition Wants a Civil War; The Incident in the Assembly Was Announced in Advance." The controversial part of the text appears in the sixth paragraph, where Ana Brnabić referred to Nemanja Šarović as a "Đilas's mercenary."
The lawyers for 021 contested Šarović's lawsuit, pointing out that Ana Brnabić's words were never presented as the media's stance, and that media outlets cannot be held responsible for the statements of third parties.
The lawyers for this Novi Sad media outlet have filed an appeal against this ruling.
The Association of Independent Electronic Media (ANEM) assesses that this is a judicial practice that could have far-reaching consequences for media freedom and freedom of speech in Serbia. Such a practice would mean that no media outlet would ever be allowed to publish anyone's statement, as it would automatically imply that they fully endorse that statement and could be held responsible for it.
“We express our solidarity with the media Radio 021 and highlight the concerning practice of interpreting the Serbian Journalists' Code in a way that ignores its observance and turns the Code against the very act of reporting. Radio 021 found itself in this situation while transmitting a statement made by a public official to Radio-Television of Serbia. As a media outlet that respects the Serbian Journalists' Code, Radio 021 conveyed to the public information about the verbal actions of an individual in a leading position in the state, rather than the truth or falsehood of what was said regarding the target of her address. ANEM unequivocally condemns the actions of the President of the National Assembly of the Republic of Serbia, Ana Brnabić, and emphasizes that Radio 021's aim was to allow the public to form its own judgment about such conduct,” stated Veran Matić, President of the Board of the Association of Independent Electronic Media.
We remind you that in a democratic society, every individual's right to seek, receive, and transmit information corresponds to the media's obligation to timely inform the public about all ongoing events in which the public has a legitimate interest to know.
ANEM also reminds that independent and professional local media in Serbia have been operating under difficult financial conditions in recent years and are under constant pressure and threats, as well as lawsuits like this one aimed at hindering their further work and informing citizens in the public interest.
The Association of Independent Electronic Media (ANEM)
The project "Enhancing the System of Prevention and Response Mechanisms in Cases of Threats to the Safety and Lives of Journalists in Serbia" is implemented by ANEM in partnership with Insajder TV and the Center for the Development of Local Media, with the support of the European Union.
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