Press freedom in Serbia has reached a critical juncture. Independent media outlets in the country, and the journalists that work at them, have been threatened, physically attacked and, increasingly, targeted with Strategic Lawsuits against Public Participation (SLAPPs) that seek to silence them.
“We are getting threatened to be sued for every story that we publish,” said Bojan Elek, project manager at the investigative newsroom, KRIK. “Independent media outlets, especially investigative outlets like us, are the most attacked.” At one point, the outlet’s editor-in-chief was spending more time in court than doing his actual job, he added.
Faced with these increasing threats, KRIK, along with BIRN Serbia and the Slavko Ćuruvija Foundation launched a media solidarity network to fight SLAPPs.
The solidarity network
The solidarity network aims to provide support, rooted in practical actions, that publicly challenges the normalization of SLAPP suits.
“We would show up with three journalists in the court, one from each organization, to ensure that courtrooms are not empty and that no journalist is left alone to face the pressure in silence,” explained Elek. “We will report on each other’s trials, and through some partnerships we will make sure that this also is republished by smaller media outlets, local media outlets, and some TV stations in Serbia.”
The international media coverage plays an important role. It can attract additional resources to fight the lawsuits, and it allows European and international organizations to put more pressure on Serbia to respect freedom of the press.
“It is vital to pool information on SLAPPs, raise awareness, and unite advocacy and legal tools to fight back against vexatious litigation,” said Wiseman, who took part in a Media Freedom Rapid Response (MFRR) delegation that visited Serbia last April. “We heard from numerous media and journalists facing SLAPPs about the damaging impact it had on their work and on them as individuals. Even if the media ultimately win their cases, the legal battle is long and tiresome, and the sheer number of SLAPPs is overwhelming.”
Added to this is the fear that journalists increasingly contend with when doing their work. “One of the most dangerous things that is happening now is that there are smear content campaigns with some fake documentary movies that paint some journalists as traitors, saying that we work for organized criminal groups, that we work for foreign intelligence agencies,” said Elek. “With so much hate and heated situations in the streets, you never know what might happen to you when you leave your house.”
The Serbian context
The Coalition against SLAPPs in Europe (CASE) identified Serbia in its 2024 annual report as one of the top four countries on the continent with the highest number of SLAPP suits. Over its 10 years of existence, KRIK has been hit with 30 SLAPP cases, of which 17 are ongoing.
Politicians have initiated many of these lawsuits, including two recently filed by a former minister over coverage of her being charged in a case regarding the collapse of the Novi Sad train station canopy that killed 16 people.
“In Serbia, these vexatious lawsuits are overwhelmingly being filed by high ranking officials and lawyers individuals connected to the government,” said Jamie Wiseman, advocacy officer at the International Press Institute (IPI). “This pattern indicates that these lawsuits are a clear effort by the ruling party and its allies to stymie the work of independent and watchdog media in Serbia, particularly those investigating crime and corruption, and to drag them through costly and time-consuming court battles.”
Serbia is formally seeking EU membership, but populist President Aleksandar Vucic has faced accusations of stifling democratic freedoms, including that of the press. Serbian police have recently raided the premises of the Centre for Research, Transparency, and Accountability in Belgrade, citing false claims of corruption in connection with USAID funds. The MFRR, through its Mapping Media Freedom platform, has registered at least 60 attacks against journalists since November in relation to coverage of protests that followed the Novi Sad incident.
Anti-SLAPP legislation
There exists no legal recourse for targets of SLAPP suits to curb the aggressive litigation by the rich and powerful.
“Anti-SLAPP legislation is urgent in Serbia,” said Wiseman. The IPI has urged the Serbian government to implement the anti-SLAPP Directive of the European Union and the Council of Europe recommendation on SLAPPs. These two directives suggest that EU member states put in place policy and legislative frameworks to better protect media from SLAPP suits.
“Such standards should include mechanisms that enable SLAPP targets to request the early dismissal of a case, request damages for the filing of SLAPP suits, a full cost order in SLAPP cases, and an expedited process to limit the impact of the case,” said Wiseman.
In the meantime, a next step in the development of the still-young solidarity network will be to set up a financial solidarity mechanism.
“At KRIK, we already managed to attract significant support and fundraising through crowdfunding when we got a new lawsuit or when we had a final court verdict against us,” explained Elek. “We can use these experiences for the network, but so far we are not at that level yet."
Photo by Stefan Kostić on Unsplash.
Read more articles by
