National Working Group Against SLAPP: The Criminal Complaint by Judge Đorđević Against KRIK is a New Intimidation Tactic Against Journalists.

Judge Đorđević has now filed a criminal complaint seeking a 10-month prison sentence and a two-year ban on practicing journalism for KRIK editor Bojana Jovanović and Jelena Radivojević due to an alleged violation of privacy rights. For the first two lawsuits, the proceedings are ongoing – the defendants are KRIK editor Stevan Dojčinović and journalist Bojana Pavlović.

The judge and her husband, attorney Aleksandar Đorđević, filed this new lawsuit because, as they claim, they only learned during the trials they are conducting against KRIK that Jovanović and Radivojević participated in the creation of the judges' database "Prosudi ko sudi." Interestingly, it was journalist Radivojević who sent a request for an interview and specific questions to Judge Đorđević during the research and work on the database about judges.

We point out that this lawsuit also represents a classic example of a SLAPP case – the aim of which is not to seek justice but to exert pressure on journalists, financially exhaust them, and intimidate them to cease reporting on certain issues that are significant for the public.

KRIK's database "Prosudi ko sudi" was created to increase the transparency of the judiciary's work, and the specific profile related to the judge contains information about the cases in which Đorđević presided, data on the assets owned by her and her husband, and nothing has been published within that profile that could compromise their safety, which was the primary reason for filing the lawsuits.

The first two lawsuits (civil and criminal) in which the Đorđevićs seek monetary damages, prison time, and a ban on practicing journalism have been labeled as "classic SLAPP lawsuits" by the international Coalition Against SLAPPs in Europe (CASE), which are filed without any basis and aim to pressure journalists to stop reporting on certain topics.

The mere fact that the judge is seeking prison time for journalists in her lawsuits clearly demonstrates that the goal of such lawsuits is to silence journalists first, and then to lead to the shutdown of the database, which would represent a significant blow to the transparency of such data that, we remind, is completely public and accessible, and would open further avenues for various forms of censorship against journalists.

It is particularly concerning that such a lawsuit is filed by a judge who also holds a public office – a person who should be a guarantor of the rule of law, not someone who abuses the judicial system to settle scores with journalists. Such behavior seriously compromises the integrity of the judiciary and erodes public trust in the courts. Holders of such positions are obliged to endure the expression of critical opinions related to the results of their work or in connection with the performance of their functions, regardless of whether they feel personally offended by the disclosure of such information or opinions.

Lawsuits with SLAPP characteristics have already been recognized as a serious threat to democracy – the Council of Europe and the European Parliament have called on member states to introduce mechanisms to prevent them. In Serbia, unfortunately, this term has not yet been officially recognized, but the practice of multiple and identical lawsuits clearly shows that this is an abuse of the judiciary aimed at silencing critical voices. The National Working Group for Combating SLAPPs calls for the state to urgently recognize the problem of SLAPP lawsuits and, in accordance with the recommendations of the Council of Europe and the European Union, to implement the necessary measures to prevent them. We request that holders of judicial functions pay attention to this problem as soon as possible and apply the existing procedural mechanisms for protecting journalists from such lawsuits more consistently and strictly.

*National Working Group for Combating SLAPPs, consisting of:*

Civil Initiatives

Partners Serbia

Independent Journalists' Association of Serbia

Slavko Ćuruvija Foundation

KRIK

Independent Journalists' Society of Vojvodina

Committee of Lawyers for Human Rights – YUCOM

Association KROKODIL

Belgrade Center for Human Rights

BIRN Serbia