Ukraine: 1000 days later, journalists continue their fight

Ukraine: 1000 days later, journalists continue their fight
 November 19 marks symbolic date since start of Russia’s full-scale invasion

19 November 2024 marks 1000 days since the start of Russia’s full-scale invasion of Ukraine on 24 February 2022. Marking this grim milestone, MFRR partners remember those journalists who have lost their lives reporting on Russia’s war of aggression. We also express our solidarity with those who continue to risk their lives to bring us critical news and information on this invasion.

 

At least 13 media workers killed, at least as many held in Russian prisons

Since 24 February 2022, 13 journalists have been killed while reporting on Russia’s full-scale invasion–highlighting the risks and dangers faced by Ukrainian and international journalists covering this war.

 

Some, such as Arman Soldin, Oksana Baulina, and others, were killed as a result of Russian shelling, indiscriminate or targeted, while others, like Maks Levin and Mantas Kvedaravičius, were likely killed in extrajudicial executions. Dozens of other journalists have been wounded while reporting on the war. Countless editorial offices, TV towers and other media infrastructure have been destroyed.

 

Victoria Roshchyna, a Ukrainian journalist who set out to report in Russian-occupied regions of Ukraine in July 2023, died in unclear circumstances in Russian custody, with the news of her death having only been made public on October 10, 2024. To date, Russian authorities have refused to investigate the circumstances of her death and have refused to return her body to her family in Ukraine.

 

The news of Roshchyna’s death serves as a reminder that at least 13 other Ukrainian journalists continue to be held in Russian captivity, with hardly any legal guarantees that their safety is being ensured by Russian authorities. Among Ukraine’s media community, fears mount that as with Roshchyna, their lives are in danger too.

 

Additional concerns due to Spoofing and DDoS attacks

In addition to physical attacks, Ukrainian journalists and media are facing increasing digital threats with hacking attempts, spoofing, and DDoS attacks intensifying at an alarming rate since the start of Russia’s full-scale invasion of Ukraine.

 

Ukrainian outlets are regularly targeted by Distributed Denial of Service (DDoS) attacks that knock major news websites offline, with disruptions lasting several hours on average. Such disruptions have strong negative consequences for Ukrainian media, who are exposed to losing their readership and thus also commercial revenue.

 

Perhaps an even more dangerous development is the appearance of so-called Doppelgänger (clone) websites, which the MFRR has demanded a reaction to by European authorities and big tech platforms. These pages, which are disguised to resemble those of news outlets popular in Ukraine, attempt to influence Ukrainian public opinion by propagating ideas serving Russian interests. For example, misinformation is being spread about Ukraine losing the war, that it is lacking ammunition, and that the Ukrainian government is corrupt.

 

At times, inadequate reactions to press freedom crises stemming from Ukrainian authorities

While not comparable to the devastation created by the Russian military, the war has also become a pretext for Ukrainian authorities to introduce a certain level of censorship on the country’s media.

 

The most striking example is the continued production of the highly controversial “united news” broadcasts on Ukraine’s main television channels, which have been accused in Ukraine’s media community of producing unduly biased coverage supportive of the Ukrainian government. The “united news” broadcasts were also recently criticised by the European Commission which urged Ukraine to “reassess” the validity of the project.

 

In addition, several Ukrainian investigative journalists have been subjected to surveillance and intimidation by officials in connection with their work. As an example, investigative journalist Yuriy Nikolov was intimidated in January but no one has been held accountable to date. Similarly, no results have been communicated in the investigations related to the surveillance reported in January of investigative outlet Bihus.info and the attempt in April to serve investigative journalist Yevheny Shulhat with a military summons in retaliation for his work.

 

Additionally, in October, independent news outlet Ukrainska Pravda (UP) said in a statement that it was experiencing “ongoing and systematic pressure” from President Volodymyr Zelensky’s office. 

 

Despite mounting challenges, the country’s media sector has shown incredible resilience throughout a war that has now lasted almost three years. MFRR partners express their solidarity with the journalists and independent media in Ukraine. We commit to continue to support them in doing their work, for as long as it takes.

Signed by:

  • International Press Institute (IPI)
  • European Centre for Press and Media Freedom (ECPMF)
  • Free Press Unlimited (FPU)
  • European Federation of Journalists (EFJ)
  • Osservatorio Balcani Caucaso Transeuropa (OBCT)
  • ARTICLE 19 Europe

This statement was coordinated by the Media Freedom Rapid Response (MFRR), a Europe-wide mechanism which tracks, monitors and responds to violations of press and media freedom in EU Member States, Candidate Countries and Ukraine.

Montenegro: MFRR partners call for the perpetrators of the…

Montenegro: MFRR partners call for the perpetrators of the attack on journalist Ana Raičković to be held accountable amid concerns for the safety of women journalists

The Media Freedom Rapid Response (MFRR) partners strongly condemn the verbal and physical attack on Ana Raičković, editor of the daily “Pobjeda”, as well as the attack on her family members. The MFRR partners welcome the swift reaction of the Basic State Prosecutor’s Office (ODT), which identified and detained four suspects on charges of “violent behaviour”.The consortium calls on the authorities to ensure that the perpetrators are held accountable without delay, following the Criminal Code, which prescribes higher penalties for attacks on journalists. 

On 11 November, journalist Raičković was in a fast food restaurant in Podgorica when the suspects – businessman Zoran Ćoć Bećirović, his son, and two of his security guards, Mladen Mijatović who also works at the Ministry of the Interior (MUP) and Lubjo Dukić – began to harass her because of her journalistic work and Pobjeda’s critical coverage of Bećirović’s suspicious businesses activities but also his hostility towards the press. 

 

The derogatory remarks included calling her a “stinking journalist” working for a “drug cartel”, and also insults for being a regular guest on the Montenegrin broadcaster Television E (TVE).  Raičković reported that the businessman Bećirović then spat at her before suggesting that he would record the number plate of her car and find her. Security guard Mijatović allegedly threatened the journalist with physical violence while calling the police. The verbal abuse continued after Raičković’s fiancé and son arrived, before escalating into physical violence outside the restaurant. 

 

“Mijatović grabbed me by the throat and demanded, ‘Say the boy’s name [referring to the journalist’s son].’ I refused, and he kept insisting, threatening to find him anyway and, if I didn’t cooperate, to kill me,” Raičković recounted to the newspaper Pobjeda. Bećirović then pulled the journalist’s hair and slammed her head against the car door. Her son, who came to her defense, was pinned down and beaten; her fiancé was also assaulted,” added the daily Pobjeda who expressed full support for its editor Raičković. The attack left Raičković and her family members with injuries. The journalist’s car was also vandalized by the attackers.

 

According to the Trade Union of Media of Montenegro (TUMM), Bećirović has repeatedly threatened journalists in the past: “We remind that Bećirović has a history of aggression and obvious hostility towards journalists. He even used his own media outlet to conduct a smear campaign against his fellow citizen, journalist Dragana Šćepanović. Also, in 2019, at the “Delta City” shopping center in Podgorica, a member of his security team confronted and threatened journalist Vladimir Otašević. That case ended without an adequate conclusion, meaning no criminal or misdemeanor responsibility was established for the perpetrator. Bećirović has also filed private lawsuits multiple times for alleged defamation against media outlets and journalists reporting on his business dealings,” reacted the Trade Union of Media of Montenegro (TUMM). 

 

On 13 November, the ETV portal reported Bećirović was brought to the Basic Court shortly before 9 pm for a hearing before the investigating judge. Bećirović as well as his security guards Dukić and Mijatović were ordered to remain in custody, for up to 30 days. The news portal also recounted that a witness stated Dukić was armed at the time of the attack, which the journalist did not notice. Concerning MUP officer Mijatović, the Minister of the Interior announced he would initiate disciplinary proceedings against him. 

 

The violent aggression of Raičković, in a public environment, notwithstanding the presence of witnesses, raises alarming concerns for the safety of journalists. In fact, since January 2024, the MFRR has observed a particularly hostile environment for women journalists in Montenegro. Of the five attacks documented by the MFRR platform since January, all journalists targeted were women. The MFRR will keep monitoring Raičković’s situation and all threats to media workers in Montenegro, targeted for their work of public interest.

Signed by:

  • The European Federation of Journalists (EFJ)
  • OBC Transeuropa (OBCT)
  • European Centre for Press and Media Freedom (ECPMF)
  • Free Press Unlimited (FPU)
  • International Press Institute (IPI)

This statement was coordinated by the Media Freedom Rapid Response (MFRR), a Europe-wide mechanism which tracks, monitors and responds to violations of press and media freedom in EU Member States, Candidate Countries and Ukraine.

Spanish Flag SLAPPS

Government decree threatens independence of Spanish public service broadcaster

Government decree threatens independence of Spanish public service broadcaster

The Media Freedom Rapid Response (MFRR) consortium expresses concern over Spain’s recent decree lowering the majority required to appoint RTVE board members, risking increased political control. We urge the Parliament of Spain to protect RTVE’s independence and ensure a transparent selection.

On 22 October 2024, the Spanish government enacted a decree law that reduces the parliamentary majority requirement for renew the appointment of board members of RTVE, the national public service broadcasters (namely TVE or Televisión Española, and RNE or Radio Nacional de España), from a two-thirds majority to a simple absolute majority. 

 

This amendment to Law 17/2006 on Public Broadcasting also expands the number of RTVE board members from 10 to 15 (of which 11 would be chosen by Parliament, 4 by the Senate) and strengthens powers granted to the board’s president. 

 

We recall that the State’s obligation to promote media freedom and pluralism, including through the media, does not permit it to interfere with broadcasters’ freedom of expression, including publicly-funded media. An important implication of these guarantees is that bodies which exercise regulatory or other powers over broadcasters must be independent. This principle has been explicitly endorsed in a number of international and regional instruments, including the new European Media Freedom Act which requires the EU member states to ensure the independent functioning of public service media.

 

We urge the Spanish government to prioritize media independence by adhering to transparent, merit-based board appointments. To limit political influence on Spain’s public service broadcaster, we call on the Parliament of Spain to reject the decree law as it is, and preserve the two-thirds majority requirement. Our consortium will keep advocating for measures that guarantee RTVE’s autonomy, and respect international media freedom standards.

Signed by:

  • International Press Institute (IPI)
  • ARTICLE 19
  • European Centre for Press and Media Freedom (ECPMF)
  • European Federation of Journalists (EFJ)
  • Free Press Unlimited (FPU)

This statement was coordinated by the Media Freedom Rapid Response (MFRR), a Europe-wide mechanism which tracks, monitors and responds to violations of press and media freedom in EU Member States, Candidate Countries and Ukraine.

Bosnia and Herzegovina: MFRR and SafeJournalists urgently call for…

Bosnia and Herzegovina: MFRR and SafeJournalists urgently call for stronger protection for journalist Nataša Miljanović Zubac 

The Media Freedom Rapid Response (MFRR) partners together with the SafeJournalists Network (SJN) firmly call for thorough and swift investigations into numerous threats against Nataša Miljanović Zubac, journalist for the Radio Television of Republika Srpska (RTRS). Since the arson attack on her car in 2022, Zubac has been targeted by at least seven criminal acts, all unpunished. The MFRR partners and SJN also urge the Republika Srpska Ministry of Interior and the Trebinje District Prosecutor’s Office for increased police protection to prevent further threats to the life of the journalist. The safety measures that have been granted to Zubac, including surveillance of the journalist’s movements and Trebinje police patrols are a first step, but still not enough to protect her life given the persistent threats.

Since she returned to the newsroom, after 22 months of sick leave followingher car fire in June 2022, Zubac continues to fear for her life with her movements restricted and work seriously impacted.

 

Among the death threats in her private home: in November 2022 infrared rays were directed at the wall of her living room and later at her body, while on 26 March 2023, a doll with its head cut off and covered in red was found outside her door. In October 2023, “Dead mouths don’t talk” was written on the same door. Despite investigations, none of the cases resulted in indictments. 

The threats continued on 19 September 2024, when the journalist discovered the message “Die NMZ” (her initials) on her son’s home, in the village of Ljubomir, near Trebinje. The incident is treated as a criminal offence under Article 150 of the Criminal Code of Republika Srpska, which relates to “Endangering Safety”.

 

“For two and a half years, I have been targeted by criminals. Despite eight requests for physical protection, as well as appeals from journalists’ associations, the Ministry of Human Rights of Bosnia and Herzegovina, neither the Ministry of Interior of the Republic of Srpska nor any other security institution has provided me with needed protection. I live like a prisoner in my own country. This is not a life worthy of a human being,” Zubac told the European Federation of Journalists (EFJ).

 

“Impunity in cases of burning cars and safety threats to Nataša Miljanović Zubac gives room for their repetition, which is why not only the perpetrators bear direct responsibility, but also the Trebinja police and the prosecutor’s office, who for two years cannot or do not want to complete the investigation and create legal grounds for punishing the perpetrators, and enable female journalists to work safely and with dignity,” pointed out the BH Journalists’ Association (BHN), and the Journalists’ Helpline (FMHL).

 

In addition to the death threats, the journalist was repeatedly verbally abused and intimidated. She also told MFRR that she had recently reported a physical attack to the Trebinje police on 28 October.

 

A few days after the International Day to End Impunity for Crimes against Journalists, the MFRR, and the SafeJournalists Network reiterate that independent investigation and prosecution of attacks is essential to deter the perpetrators and end the dangerous culture of impunity, as evidenced by the numerous threats on the journalist’s life that have gone unpunished. 

 

Furthermore, the undersigned organisations call for increasedphysical protection that would allow Zubac to continue her work in complete safety  and to prevent further escalation of violence as a result of investigations of public interest.

Signed by:

MFRR

  • The European Federation of Journalists (EFJ)
  • European Centre for Press and Media Freedom (ECPMF)
  • Free Press Unlimited (FPU)
  • International Press Institute (IPI)
  • OBC Transeuropa (OBCT)

SafeJournalists Network 

  • Association of Journalists of Kosovo
  • Association of Journalists of Macedonia
  • BH Journalists Association
  • Croatian Journalists’ Association
  • Independent Journalists Association of Serbia
  • Trade Union of Media of Montenegro

This statement was coordinated by the Media Freedom Rapid Response (MFRR), a Europe-wide mechanism which tracks, monitors and responds to violations of press and media freedom in EU Member States, Candidate Countries and Ukraine.

Bulgaria

Press freedom organizations condemn attacks on journalists during Bulgaria’s…

Press freedom organizations condemn attacks on journalists during Bulgaria’s parliamentary elections 

The undersigned press freedom, freedom of expression and journalists’ organizations strongly condemn the four cases of violence and intimidation against Bulgarian journalists covering the parliamentary elections held on October 27. We demand a thorough and impartial investigation into each incident so that those responsible for the attacks are held accountable, and urge the authorities to ensure a safe environment for journalists. Additionally, we call on all parties to take disciplinary action against any of their members involved in endangering the safety of journalists and media workers.

The MFRR documented four cases of attacks on journalists and camera operators on election day. These incidents included threats and intimidation, obstruction of journalistic activity, and physical violence resulting in injuries.

 

Among the incidents was an attack on bTV, one of Bulgaria’s largest TV channels, while it covered events at a polling station. Camera operator Petar Kartulev was repeatedly hit by two men, sustaining minor injuries. The perpetrators, who were later detained by the police, were identified as registered supporters of the DPS-New Beginning coalition.

 

Other cases included the intimidation and barring of Free Europe reporter Damiana Veleva from a polling station, threats and insults directed at BNR correspondent Zdravka Maslyankova, and threats made against journalist Diyana Zhelyazkova by the mayor Ismail Ibryam of Nikola Kozlevo.

 

It is deeply concerning that members of the press face threats not only from party supporters but also from individuals in positions of authority. We once again urge the authorities in Bulgaria to fulfill their obligation to safeguard the rights and freedoms of all journalists and media workers, and uphold press freedom. 

Signed by:

  • International Press Institute (IPI) 
  • Free Press Unlimited (FPU)
  • European Centre for Press and Media Freedom (ECPMF)
  • European Federation of Journalists (EFJ)
  • OBC Transeuropa (OBCT)

This statement was coordinated by the Media Freedom Rapid Response (MFRR), a Europe-wide mechanism which tracks, monitors and responds to violations of press and media freedom in EU Member States, Candidate Countries and Ukraine.

Beyond Borders: Temporary Relocation Programmes for Journalists at Risk

Beyond Borders: 

Temporary Relocation Programmes for Journalists at Risk

21 November, 12:00 CET.

Register here

Moderator

Alina Toropova

Journalists-in-Residence Programme Manager, European Centre for Press and Media Freedom (ECPMF)

Speakers

Maral Khajeh

Coordinator Human Rights Defenders Programme, Coordinator Shelter City network at Justice and Peace Netherlands

Elisabeth Dyvik

Programme Director at International Cities of Refuge Network (ICORN)

Patricia Bartley

Coordinator Protective Fellowship Scheme for Human Rights Defenders at Centre for Applied Human Rights (CAHR)

Intimidated, attacked and barred from entering the country: press…

Intimidated, attacked and barred from entering the country: press freedom organizations urge for protection of journalists’ rights in Georgia 

International community must place effective pressure on Georgia to uphold press freedom and secure a safe environment for journalists. 

The undersigned press freedom and freedom of expression organizations are deeply concerned about incidents of intimidation, threats, and physical and verbal assaults on journalists covering Georgia’s parliamentary elections on October 26, 2024. MFRR documented at least 30 election-related media freedom violations involving 34 media workers.

 

Journalists and camera operators faced physical attacks on them and their equipment. This included an incident in Kutaisi where three individuals assaulted a CNews journalist at a polling station. In other cases, camera operators were attacked, and their equipment was damaged. Journalists were also insulted, threatened, and accused of defamation, referred to as “agents,” “stateless,” and “enemies of the country.” Notably, according to available information, the overwhelming number of individuals attacking journalists were supporters or representatives of the ruling Georgian Dream party.

 

We are also concerned that two foreign journalists who intended to cover the elections were denied entry to Georgia. Czech journalist Ray Baseley told IPI that he was detained at the airport for 34 hours, denied contact with his lawyer for 20 hours, and held under constant surveillance. Swiss photojournalist Stephan Goss was similarly detained overnight for 11 hours in the airport. No explanation for the decision was provided to any of these journalists besides an official document citing “other cases envisaged by Georgian legislation” for the entry denial.

 

We believe that these attacks and restrictions should be seen in the context of an overall deterioration of the situation for media freedom in the country, as documented by the recent mission to Georgia. The mission found that journalists operate in an extremely hostile pre-election environment, and are frequently subjected to smear campaigns, online attacks, and insults from public officials, unknown individuals, and even other media workers. The mission also found that most cases of violence against journalists are not effectively investigated and prosecuted. As a result, the mission found that journalism has become a dangerous profession in Georgia.

 

In 2024, MFRR and its partner organizations have repeatedly warned about an increasingly adverse environment for the media in Georgia, including recent reintroduction and enactment of the legislation on ‘transparency of foreign influence’, adoption of the ‘family values bill‘  barring  journalists’ access from parliament, increasing number of violent attacks against journalists covering rallies, and extradition detention of exiled Azerbaijani journalist. Additionally, MFRR hosted a webinar on the law on ‘transparency of foreign influence’ and conducted a fact-finding mission.

 

Free and fair elections cannot be conducted without a safe environment for the press. Journalists’ work is essential to expose misconduct before and during elections and help citizens make informed decisions.

 

We urge Georgian authorities to end attacks on journalists and to thoroughly investigate all incidents of violence. They must immediately put an end to the worrying practice of barring foreign journalists from entering the country and ensure that all legislation applicable to the media and civil society fully complies with international and regional human rights standards. We furthermore urge the international community to place effective pressure on Georgia to uphold press freedom and secure a safe environment for journalists.

Signed by:

  • International Press Institute (IPI)
  • European Centre for Press and Media Freedom (ECPMF)
  • ARTICLE 19 Europe
  • The European Federation of Journalists (EFJ)
  • OBC Transeuropa (OBCT)
  • Free Press Unlimited (FPU)

This statement was coordinated by the Media Freedom Rapid Response (MFRR), a Europe-wide mechanism which tracks, monitors and responds to violations of press and media freedom in EU Member States, Candidate Countries and Ukraine.

MFRR 3 consortium logos

Press freedom in peril ahead of elections in Georgia:…

Press freedom in peril ahead of elections in Georgia: MFRR report on safety of journalists

A new report by MFRR and partners highlights rising threats to press freedom and journalist safety amid increasing polarisation and fear before the 2024 election.

On 1-2 October the Partner Organisations of the Council of Europe’s Platform for the Safety of Partner organisations of the Council of Europe’s Platform for the Safety of Journalists and of the Media Freedom Rapid Response (MFRR), including ARTICLE 19 Europe, Committee to Protect Journalists (CPJ), the European Broadcasting Union (EBU), the European Federation of Journalists (EFJ), the European Centre for Press and Media Freedom (ECPMF), Index on Censorship, the International Press Institute (IPI), the Justice for Journalists Foundation, and Reporters Without Borders (RSF), conducted a fact-finding mission to Georgia.  The aim of the mission was to gather information on Georgia’s implementation of its freedom of expression and media freedom commitments, including in relation to the ongoing election campaign. 

 

This report presents the findings of the mission. 

Download the report

During the mission, we have witnessed  the deterioration of press freedom amid rising authoritarianism. It has been made clear to us that a wide range of tools and mechanisms are used to discredit and curtail dissenting voices, including those of independent journalists. 

 

We want to declare our full support and solidarity with the journalists, press freedom and civil society organisations. We came with concerns about media freedom, but we were appalled by what we heard. 

Belgium: Serious concerns over cases of preventive censorship involving…

Belgium: Serious concerns over cases of preventive censorship involving four media outlets

The Media Freedom Rapid Response (MFRR) partners strongly condemn the numerous judicial decisions aimed at preventing the publication of information by four Belgian media outlets. The return of preventive censorship, which the Belgian Constitution prohibits, marks an alarming deterioration of press freedom in Belgium.

On 10 October, the President of the Court of First Instance in Liège issued a “suspension order” to prevent the publication of an article of public interest in the daily newspaper Le Soir. The censored article concerned the legal consequences of an investigation into tax offences involving Maxime Degey, a local politician running for the municipal elections taking place on 13 October, and set to become the next mayor of Verviers (Liege province). On the pretext of a serious threat to the candidate’s “right to honour, reputation, and respect for private life”, the daily Le Soir and the Rossel group were silenced, three days before the vote. In addition, the order prohibited the media from disclosing the pleadings against Degey, on penalty of a 50,000 euro fine for non-compliance.

 

A few weeks earlier, the French-speaking Brussels Business Court declared itself competent to rule on the possible censorship of an RTBF investigation before its broadcast. The dispute concerned the RTBF investigation ‘Bailiffs, the debt business’ for its ‘#Investigation’ programme, which denounced alleged illegal practices by bailiffs. Named in the investigation, the bailiff company Leroy took legal action to have all references to its name removed before the broadcast, on pain of a €50,000 fine, claiming unfair commercial practices under the Commercial Code. Although the court ruled on 4 September that there was insufficient evidence to prove denigration, the referral of the case to the Business Court – which is not competent for ruling on press matters – set a dangerous precedent. By agreeing to consider such a request for preventive censorship, the court is acknowledging the possibility of misusing commercial law in the name of unfair practices to silence critical reporting.

 

Another ongoing procedure, initiated by the Belgian Minister of the Interior, aims to delete a total of five articles of the Sudmedia group on the Qatargate corruption scandal and to prevent the group’s media from covering this topic in the future.

 

The MFRR urges officials to refrain from censorship practices, and instead strengthen the crucial protection of the journalists.

 

Such cases of preventive censorship violate the fundamental right of freedom of expression enshrined in the Belgian constitution (Article 19) as well as Article 10 of the European Convention on Human Rights. Under Article 25, the Belgian Constitution explicitly prohibits censorship, stating “The press is free; censorship can never be imposed”. A prohibition that was recently reiterated by the Ghent Court of Appeal on 28 March 2024 in the dispute between VTM TV channel and Het Laatste Nieuws and the political party Vooruit, in which Conner Rousseau, the president of Vooruit, had obtained at first instance a ban on the publication of critical articles about him.

 

Under no circumstances should the law be misused to silence journalists and hinder access to information of public interest. In light of this worrying development for press freedom, the Consortium calls on the judiciary to uphold the fundamental right to freedom of expression and to strengthen the protection of the media reporting on matters of public interest. The MFRR will continue to monitor the situation closely in order to prevent further violations of Belgian law and European standards, as such illegal practices are a dangerous threat to democracy.

Signed by:

  • The European Federation of Journalists (EFJ)
  • International Press Institute (IPI)
  • Free Press Unlimited (FPU)
  • OBC Transeuropa (OBCT)
  • European Centre for Press and Media Freedom (ECPMF)

This statement was coordinated by the Media Freedom Rapid Response (MFRR), a Europe-wide mechanism which tracks, monitors and responds to violations of press and media freedom in EU Member States, Candidate Countries and Ukraine.

MFRR 3 consortium logos

Study reveals 40% of lawsuits against Croatian journalists are…

Over a thousand lawsuits filed between 2016 and 2023 against journalists and media outlets, nearly half of which are SLAPPs, or strategic lawsuits against public participation. These are frivolous lawsuits that aim to silence freedom of expression.

Between 2016 and 2023, 1,333 lawsuits were filed against journalists and media in Croatia, approximately 40% of which with at least one characteristic of the so-called SLAPPs, or “strategic lawsuits against public participation”, which are lawsuits filed with the sole purpose of intimidating and silencing the press (and which in Croatia can be either criminal or civil in nature). This is revealed in a study   conducted by the Croatian Association of Journalists (HND) and the Center for Democracy and Law “Miko Tripalo” (CMT) and presented on September 30.

 

Defining SLAPPs

“We had to define what a SLAPP is, because in Croatia there is still no real [legal] definition. These are harmful legal proceedings, often brought by public and powerful people whose goal is to prevent the media and other civil society organisations from reporting on decisions of public interest”,  explained Ivana Zeljko of the CMT  . In Croatian law, there is no concept of SLAPP, and for this reason the research, co-financed by the British organisation Justice for Journalists Foundation (JFJ), was based on the definition used by the Coalition Against SLAPPs in Europe (CASE), the European Commission and the Council of Europe.

 

The definition – as stated on the CASE website – is simple: “It is a vexatious legal action brought by a private individual with the aim of silencing critical speech. The more difficult question is how to identify this vexatious purpose”. There are several elements to pay attention to in this case: “The damages sought are unusually aggressive or disproportionate”, “the plaintiff engages in procedural maneuvers aimed at increasing costs”, or “the arguments put forward are without legal or factual basis”. A SLAPP should not be confused with a legitimate defamation suit, in which, for example, the publication of a retraction is requested. In the Croatian case, 40% of the cases studied in the study have at least some of the SLAPP characteristics listed above, and 20% have two or more.

 

“This research refutes the statement by the Ministry of Culture and Media that there are 30 SLAPP cases [in Croatia]”, said HND President Hrvoje Zovko. There are, on the contrary, several hundred SLAPPs in the country.

 

Who uses SLAPPs

“The very high value of the disputes is important. The average compensation requested is 9,300 Euros, while the average compensation paid is 3,200. The problem is the long duration of the court proceedings, on average 4.3 years, as well as the inconsistency of judicial practice. Some judges, in case the correction is published even before the trial, consider that the damage has been compensated”, said Ivana Zeljko of the Miko Tripalo Center. Another important factor is the presence of “serial plaintiffs and recurring plaintiffs”, who file similar lawsuits against media outlets seeking the same amounts. The aim is precisely to weaken the newspapers by imposing high legal costs.

 

In the debate organised by the HND on the occasion of the presentation of the study, some colleagues testified several cases of serial plaintiffs. “Milijan Brkić has filed 50 lawsuits for moral damages for about ten published texts”, reported 24Sata journalist Ivan Pandžić, referring to the former HDZ MP and former vice-president of Sabor. Pandžić also sued former Petrinja mayor Darinko Dumbović, “and not only him – the reporter added – his son is also suing me for the same article, as it is his son’s company”.

 

The “serial plaintiffs” include politicians and businessmen, but also judges – a sad Croatian exception  . In 2022, the case of journalist Davorka Blažević, who was sentenced to pay 40,000 kuna (about 5,300 Euros) to judge Senka Klarić Baranović for “offending her honour and reputation”,  had caused the HND to react  . The text for which Blažević was convicted in 2015 was a “portrait of the week” published by Tris portal and “contained already known facts”.

 

“This harassment of journalists – there is no other way to call it – and the demand for huge compensation for insults to honour and reputation is shameful”, HND president Hrvoje Zovko commented at the time. Davorka Blažević ended up paying an amount eight times more than her monthly salary and the judge initially asked for much more.

 

Another “serial complainant” judge is Zvonko Vrban, president of the regional court in Osijek, who has repeatedly filed complaints against the Telegram portal, its editor-in-chief Jelena Valentić and journalist Drago Hedl. At the regional court in Zadar, judge Ivan Marković has filed 26 complaints against journalists and media, demanding compensation for 400,000 kuna (about 53,000 Euros) from Hanza Media alone for criticising his ruling in the case of rape of a minor.

 

Pressure on the press

According to Neven Mates of the Miko Tripalo Center, the success rate of SLAPPs in Croatia is less than 10% in criminal cases and 20% in civil cases. “However, if the real motivation of the lawsuit is to put pressure on the press, then that result is not important, because if for four years you face the risk of conviction or compensation, it will definitely affect the way you write”, Mates said, adding that the Croatian judiciary “does not handle SLAPPs well”.

 

“Judges”, journalist Ivan Pandžić said during the meeting at HND, “do not understand the work of journalists. Some people are not interested in what happened after the publication of the text, for example if it turned out that we were right, but only in what the text was based on”, Pandžić said. To resolve this situation, judges specialised in SLAPPs and able to recognise them would be needed. However, in Croatia, on the contrary, we are witnessing the practice of judges using SLAPPs to silence criticism of them. And SLAPPs are just the tip of the iceberg.

 

A study   published by the Croatian NGO Gong, conducted by journalist and media expert Đurđica Klancir on the basis of a questionnaire to which 23 journalists and editors-in-chief of various media outlets responded anonymously, notes that the majority of those involved (15 out of 23 journalists) have been subjected to some form of pressure in the past two years. In this context, SLAPPs are only “the most important and most visible processes”, while “the more subtle mechanisms that concern the relationship of politics and politicians with editorial offices and those concerning the relationship between editorial offices and their respective journalists have not been studied in depth so far”.

 

Giovanni Vale Zagreb

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