SLAPP lawsuits and the legal framework in Serbia: between pressure and the need to protect freedom of expression.

At the event, speakers included Marija Babić, a lawyer and researcher at NUNS, Veljko Milić, a lawyer at NDNV, and Damjan Mileusnić, project coordinator at the organization Partneri Srbija, while the discussion was moderated by Uroš Mišljenović, program director at Partneri Srbija.

Criminal lawsuits as a new form of pressure

Lawyer from NUNS Marija Babić specifically addressed the latest criminal lawsuit against the editorial board of KRIK, filed by Judge Dušanka Đorđević — the third lawsuit against this media outlet, due to the database “Prosudi ko sudi”.

“This example best illustrates the pressures,” said Babić, emphasizing that this time the judge is seeking 10 months in prison and a two-year ban on practicing journalism for journalists Bojana Jovanović and Jelena Radivojević.

“We know how long these proceedings last. They are dealing with the reporting from their own trials, which is exhausting for them. Initially, they were sued by ministers and businessmen, and now we have judges who should understand what SLAPP lawsuits are. Here we see complete misunderstanding,” Babić noted.

As additional examples, she mentioned the case of the Slavko Ćuruvija Foundation, which was sued for a statement expressing dissatisfaction with the court's ruling in the case of journalist Slavko Ćuruvija's murder, as well as the In media from Inđija, which received as many as seven identical lawsuits for a single article.

“Local media are in a weaker position and when lawsuits arise, it can lead to the closure of media outlets,” she warned.

“Double standards” and abuse of the right to sue

Lawyer from NDNV Veljko Milić explained that SLAPP lawsuits are specific in that they are initiated by powerful individuals or institutions with the aim of intimidating the media.

“They file 10 lawsuits and it is not a problem for them to lose all 10,” Milić said, citing the example of a lawyer who filed eight lawsuits against one media outlet for reporting on his arrest.

He added that the domestic judiciary does not recognize the term SLAPP, but there is a possibility of applying the mechanism to prohibit the abuse of the right to sue. “Unfortunately, this mechanism is not well developed and judges do not apply it. In my practice, I have not seen anyone do that,” Milić stated.

He also pointed out the double standards in the application of the law: “Pro-government tabloids spread panic daily, yet no one has ever been held accountable. This shows that the rules do not apply equally to all.”

Milić added that in some cases multiple identical lawsuits could be consolidated into one proceeding to reduce pressure on the media, but this depends on the specific case and the judge's decision.

Analysis and lack of classification of SLAPP cases

According to Damjan Mileusnić from Partneri Srbija, there is no classification of cases according to SLAPP in domestic judicial practice because that term is not legally defined.

“We analyzed court rulings, but we could not ask the court to provide us with those that are SLAPP because there is no such classification. We received information through organizations that were sued,” explained Mileusnić.

Partneri Srbija's analysis showed that disputes are most often initiated due to alleged violations of honor and reputation, damages, rude conduct, or insults.

“Judges cannot consider objections regarding SLAPP because according to domestic law, everyone has the right to sue. However, some have accepted objections related to freedom of expression,” said Mileusnić.

Consequences for media and the public

The speakers warned that SLAPP lawsuits threaten not only journalists but also citizens.

“KRIK faces a trial at least once a month, they are occupied with this, and it exhausts them psychologically and financially,” said Marija Babić. “In media was also threatened after the first ruling. If it weren't for solidarity, it's questionable how they would survive.”

“Pressures on the media have consequences for citizens as well, because when journalists cannot inform the public, citizens cannot make informed decisions and form critical opinions,” Babić emphasized.

Veljko Milić added that criminal lawsuits are particularly dangerous because the sued journalists must attend every hearing, which hinders their daily work, and that it is often the journalists who adhere to the Serbian Journalists' Code who are most frequently sued.

The need for protection, not new restrictions

Regarding the possibility of legally defining SLAPP lawsuits, Babić believes that in the current political and judicial context, it would be risky.

“This could open the door to additional restrictions. An example is the new proposals for amendments to the Criminal Code that diminish freedom of expression and media freedom,” she said.

The speakers concluded that, although journalists cannot do much to prevent SLAPP, it is extremely important to report on them and inform the public — because the public is precisely the best protection against abuses.

Source: NUNS