National Working Group for the Fight Against SLAPP: The ruling against the Slavko Ćuruvija Foundation is a dangerous pressure on freedom of expression.

Radonjić, Romić, and Kurak, who were initially convicted and subsequently acquitted in the case related to the murder of Slavko Ćuruvija, have initiated legal proceedings against the Foundation due to its public response to the court's decision. According to the ruling, the Foundation is required to pay each of the plaintiffs 200,000 dinars as compensation for non-material damage "due to mental anguish caused by the violation of honor and reputation," as well as 320,000 dinars for litigation costs, 90,000 dinars for court fees, and an additional 25,000 dinars to Kurak for litigation costs.

The National Working Group considers this case a textbook example of a SLAPP lawsuit – a Strategic Lawsuit Against Public Participation, aimed not at protecting rights but at intimidating, financially exhausting, and deterring organizations, journalists, activists, and other actors from publicly discussing issues of undeniable public interest.

The murder of Slavko Ćuruvija is one of the most significant unresolved issues concerning media freedom, the rule of law, and democratic society in Serbia. The public debate regarding the judicial process for the murder of the journalist, the conduct of institutions, and the responsibility of the state must not be treated as an unlawful attack on honor and reputation but as legitimate participation in a discussion of the highest public importance.

It is particularly important to highlight that the Supreme Court has determined that there were significant violations of the provisions of criminal procedure in favor of the defendants, former members of the state security forces, in the acquittal ruling by the Appellate Court in the case of Slavko Ćuruvija's murder. However, due to legal constraints, the trial cannot be repeated. This further confirms that public criticism of the acquittal was based on an issue of indisputable public importance.

We remind that the trial for the murder of Slavko Ćuruvija began in 2015, and that the first-instance court issued a ruling twice, sentencing four defendants to a total of 100 years in prison. With the latest ruling, the Appellate Court acquitted them, leaving this case, despite years of judicial proceedings, without justice for the murdered journalist and his family.

European standards clearly recognize SLAPP actions as a serious threat to freedom of expression, media freedoms, and citizens' right to be informed. The EU Anti-SLAPP Directive provides procedural protective mechanisms for individuals and organizations that speak on matters of public interest, including the possibility of early dismissal of unfounded lawsuits, cost recovery, and other measures against abuse of process.

The Council of Europe has also adopted recommendations for member states to develop effective mechanisms to prevent and sanction SLAPP actions, with special protection for journalists, media, civil society organizations, and other public "guardians of democracy."

The National Working Group Against SLAPP warns that such rulings directly narrow the space for public debate and encourage further use of the judiciary as an instrument of pressure.

The National Working Group calls on courts to consistently apply the standards of the European Court of Human Rights concerning freedom of expression in cases relating to public debate. We emphasize the importance of courts consistently applying the standards of freedom of expression and recognizing legitimate public criticism in such proceedings. We also point out that the domestic legal framework already contains procedural mechanisms to prevent the abuse of the right to judicial protection and the conduct of proceedings that can have a chilling effect on freedom of expression, and that their consistent application is of particular importance.

The public has the right to know how institutions acted in the case of the murder of Slavko Ćuruvija. Any punishment for such speech represents a dangerous precedent and a direct blow to freedom of expression, media freedoms, and democratic control of institutions.

National Working Group Against SLAPP