Support for KRIK journalist Sofija Bogosavljev and an urgent appeal to the state to prevent the misuse of lawsuits against journalists

KRIK has revealed in its investigative article, which led to a lawsuit, that a number of misdemeanor proceedings had previously been initiated against the company "Starting" for violations related to worker safety at unsecured construction sites, but these proceedings mostly expired due to the sluggishness of the courts.

The company has sued the journalist for the criminal offense of damaging business reputation and creditworthiness (Article 239 of the Criminal Code), which prescribes a monetary fine or imprisonment for up to one year, or up to three years if serious consequences ensue. This criminal offense is prosecuted by private lawsuit and is most often used by companies and powerful individuals in an attempt to intimidate or discredit those addressing matters of public interest. In addition to the journalist, "Starting" has also sued six other individuals, including a professor, a lawyer, engineers, an architect, and an opposition politician, who have publicly criticized the company’s operations.

The lawsuit from "Starting" is yet another example of a lawsuit with characteristics of a SLAPP (Strategic Lawsuits Against Public Participation) – a legal instrument used to intimidate journalists, obstruct their work, and financially drain them. Such lawsuits do not serve to protect rights but rather to suppress freedom of expression and discourage investigative journalism.

Currently, there are as many as 17 proceedings against the editorial board of KRIK and its journalists initiated by high-ranking officials or firms and individuals close to the government. All of this is happening because they published investigative articles in the public interest.

The tendency to sue journalists based on criminal provisions – specifically for alleged "defamation" of companies that do business with the state – represents a particularly dangerous trend. This is a legal abuse aimed at criminalizing investigative journalists, treating them as perpetrators of criminal acts, thus silencing and deterring them from further work.

SLAPP lawsuits, whether civil or criminal, pose an open threat to freedom of expression and the democratic order. Their goal is not to protect the law but to misuse the judicial system as a means of pressure on the media.

Since the company "Starting" is engaged in projects financed by the citizens of Serbia, it is essential for the public to know whether this company complies with the law and how institutions treat those who violate it.

Suits 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 implement mechanisms to prevent them. Unfortunately, in Serbia, 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 all critical voices.

The National Working Group for the Fight Against SLAPPs demands that the state urgently recognize the problem of SLAPP lawsuits and, in accordance with the recommendations of the Council of Europe and the European Union, introduce necessary measures to prevent them.

Freedom of the media and the public's right to know must be protected, and journalists must not be punished for their professional work in the interest of citizens.

In Belgrade,

July 17, 2025.

The National Working Group for the Fight Against 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

Text reposted from NUNS.