News

CJA's poll: at least 951 active lawsuits against journalists and media

30.03.2022.

Currently, there are at least 951 lawsuits active in Croatia against journalists and the media,  from which the prosecutors are demanding the amount of almost € 10.3 million for damages, according to the results of a survey, conducted for the fourth year in a row by the Croatian Journalists' Association.

Just as last year, Hanza media (publisher of Jutarnji list, Globus, Slobodna Dalmacija ...) has the highest number of lawsuits - 443 of them, with an average amount of demanded damages of € 12.666 per lawsuit. Media house Styria follows them with 196 lawsuits just for their publications Večernji list and 24 sata, with the total number of demanded damages amounting to almost € 2.6 million. In active litigation, the amount of claims in lawsuits ranges from several thousand kunas to over one million kunas, while the longest litigation has been active for 32 years at the current moment.

Of the total of 951 lawsuits, 928 relate to litigation for damages for infringement of honor and reputation and are lead against publishers, their editors and journalists for published texts and articles. On the other hand, there are 23 criminal proceedings currently active. Apart from natural persons, unknown to the general public, prosecutors are most often persons from public and political life, including politicians in power, followed by legal entities, but also judges.

There are 26 lawsuits currently active solely against Hanza media, filed by 18 judges for a total amount of claimed damages of € 229.666.

A total of at least € 10.3 million is claimed in lawsuits covered by CJA's survey for year 2022. Facts point to a large number of these lawsuits being aimed at intimidating the media and encouraging censorship and self-censorship among journalists, which is shown by the amounts of initial lawsuits in civil proceedings - often much higher than those that have been confirmed by final judicial verdicts.

This year, 26 media outlets responded to CJA's survey related to the number of lawsuits. These media outlets usually have legal aid, but still 65% responded that lawsuits make it harder for them to do business, while 26% find it difficult to handle lawsuits – the latter is relevant to small and non-profit media outlets, which are brought to the brink of collapse by such lawsuits.

"This year's CJA survey on the number of lawsuits against journalists and the media shows a dangerous trend of rising numbers of lawsuits and that in Croatia, there is an already present culture of harassment and intimidation of journalists and the media by using lawsuits, which are now a new model of attacks on journalism. Since only 26 media outlets responded to the survey, we can rightfully say that the actual number is much higher and exceeds the number of over 1000 lawsuits. Of particular concern is the fact that high-ranking state officials, local sheriffs and even judges themselves are involved in filing lawsuits," said Hrvoje Zovko, president of the Croatian Journalists' Association, adding that Croatia is the worst country in Europe when it comes to SLAPP (Strategic lawsuit against public participation).

"What we are asking for, without any further delay, are changes in the legislation, in order to reduce the pressure of lawsuits. The CJA demands and insists, that changes must be made in order to decriminalize all crimes against honor and reputation, which we have been proposing for years. We appeal to the Government to do so urgently. We believe that civil law provides enough space for all those who consider themselves eligible for a tort claim, to receive appropriate satisfaction", concluded Zovko.

Official data from the Ministry of Justice show that 380 new lawsuits for damages were initiated against journalists last year, and as of December 31st 2021, a total of 859 lawsuits have not yet been resolved. The total number of active criminal cases in which the defendants are journalists, in all courts in Croatia at the end of 2021, was 110. It is very interesting to review the outcome of the proceedings: during 2019, 2020 and 2021, in criminal proceedings against journalists, there had been a total of 39 verdicts rejecting private lawsuits and 53 verdicts suspending the proceedings. Two dismissal verdicts and 20 acquittals were handed down.

A conviction was handed down solely in 11 cases against journalists, from which, same as last year, it can be concluded that a very small number of journalists were convicted of the crime for which they were charged.

According to last year's CJA survey, which was completed by 23 media outlets, in February 2021 there were 924 lawsuits active in Croatia. It is quite unsettling to see such a large number of lawsuits against journalists and the media from year to year. Among these lawsuits could surely be found some SLAPP ones, which aim to censor, intimidate and silence critics by burdening them with court proceedings, a serious and dangerous mechanism that threatens media freedom.

Last year, the Ministry of Culture and Media established a working group dealing with the SLAPP problem, which was a confirmation of the very problem that CJA has been pointing out for years. Nevertheless, there is still no official definition of SLAPP in Croatia, nor do courts single out and classify such lawsuits.

The CJA is not immune to lawsuits either, so various forms of lawsuits are constantly filed against its representatives and prominent members. Mislav Stipić, former director of HRT's Operations, criminally reported CJA's vice presidents Branko Mijić and Goran Gazdek in June 2021, for the statements they signed regarding the situation on HRT and the former HRT director Kazimir Bačić covering up sexual harassment cases at the national public media service. The same prosecutor recently sued the president of CJA'S branch on HTV, Sanja Mikleušević Pavić. The HRT is also conducting a criminal case against CJA's  President Hrvoje Zovko, and the dispute for a compensation in the amount of € 33.333, which began in 2018, was recently concluded in Zovko's favor.

This year we also asked the publishers' representatives what is their take on how SLAPP lawsuits could be suppressed. The answers are mostly similar: publishers believe that unjustified lawsuits could be suppressed by changing or adapting the law, harmonizing court practice throughout Croatia, educating judges on media law, as well as educating journalists, providing free legal aid to small local and non-profit media, and conducting public campaigns which would talk about SLAPP.

Source: CJA 

Currently, there are at least 951 lawsuits active in Croatia against journalists and the media,  from which the prosecutors are demanding the amount of almost € 10.3 million for damages, according to the results of a survey, conducted for the fourth year in a row by the Croatian Journalists' Association.

Just as last year, Hanza media (publisher of Jutarnji list, Globus, Slobodna Dalmacija ...) has the highest number of lawsuits - 443 of them, with an average amount of demanded damages of € 12.666 per lawsuit. Media house Styria follows them with 196 lawsuits just for their publications Večernji list and 24 sata, with the total number of demanded damages amounting to almost € 2.6 million. In active litigation, the amount of claims in lawsuits ranges from several thousand kunas to over one million kunas, while the longest litigation has been active for 32 years at the current moment.

Of the total of 951 lawsuits, 928 relate to litigation for damages for infringement of honor and reputation and are lead against publishers, their editors and journalists for published texts and articles. On the other hand, there are 23 criminal proceedings currently active. Apart from natural persons, unknown to the general public, prosecutors are most often persons from public and political life, including politicians in power, followed by legal entities, but also judges.

There are 26 lawsuits currently active solely against Hanza media, filed by 18 judges for a total amount of claimed damages of € 229.666.

A total of at least € 10.3 million is claimed in lawsuits covered by CJA's survey for year 2022. Facts point to a large number of these lawsuits being aimed at intimidating the media and encouraging censorship and self-censorship among journalists, which is shown by the amounts of initial lawsuits in civil proceedings - often much higher than those that have been confirmed by final judicial verdicts.

This year, 26 media outlets responded to CJA's survey related to the number of lawsuits. These media outlets usually have legal aid, but still 65% responded that lawsuits make it harder for them to do business, while 26% find it difficult to handle lawsuits – the latter is relevant to small and non-profit media outlets, which are brought to the brink of collapse by such lawsuits.

"This year's CJA survey on the number of lawsuits against journalists and the media shows a dangerous trend of rising numbers of lawsuits and that in Croatia, there is an already present culture of harassment and intimidation of journalists and the media by using lawsuits, which are now a new model of attacks on journalism. Since only 26 media outlets responded to the survey, we can rightfully say that the actual number is much higher and exceeds the number of over 1000 lawsuits. Of particular concern is the fact that high-ranking state officials, local sheriffs and even judges themselves are involved in filing lawsuits," said Hrvoje Zovko, president of the Croatian Journalists' Association, adding that Croatia is the worst country in Europe when it comes to SLAPP (Strategic lawsuit against public participation).

"What we are asking for, without any further delay, are changes in the legislation, in order to reduce the pressure of lawsuits. The CJA demands and insists, that changes must be made in order to decriminalize all crimes against honor and reputation, which we have been proposing for years. We appeal to the Government to do so urgently. We believe that civil law provides enough space for all those who consider themselves eligible for a tort claim, to receive appropriate satisfaction", concluded Zovko.

Official data from the Ministry of Justice show that 380 new lawsuits for damages were initiated against journalists last year, and as of December 31st 2021, a total of 859 lawsuits have not yet been resolved. The total number of active criminal cases in which the defendants are journalists, in all courts in Croatia at the end of 2021, was 110. It is very interesting to review the outcome of the proceedings: during 2019, 2020 and 2021, in criminal proceedings against journalists, there had been a total of 39 verdicts rejecting private lawsuits and 53 verdicts suspending the proceedings. Two dismissal verdicts and 20 acquittals were handed down.

A conviction was handed down solely in 11 cases against journalists, from which, same as last year, it can be concluded that a very small number of journalists were convicted of the crime for which they were charged.

According to last year's CJA survey, which was completed by 23 media outlets, in February 2021 there were 924 lawsuits active in Croatia. It is quite unsettling to see such a large number of lawsuits against journalists and the media from year to year. Among these lawsuits could surely be found some SLAPP ones, which aim to censor, intimidate and silence critics by burdening them with court proceedings, a serious and dangerous mechanism that threatens media freedom.

Last year, the Ministry of Culture and Media established a working group dealing with the SLAPP problem, which was a confirmation of the very problem that CJA has been pointing out for years. Nevertheless, there is still no official definition of SLAPP in Croatia, nor do courts single out and classify such lawsuits.

The CJA is not immune to lawsuits either, so various forms of lawsuits are constantly filed against its representatives and prominent members. Mislav Stipić, former director of HRT's Operations, criminally reported CJA's vice presidents Branko Mijić and Goran Gazdek in June 2021, for the statements they signed regarding the situation on HRT and the former HRT director Kazimir Bačić covering up sexual harassment cases at the national public media service. The same prosecutor recently sued the president of CJA'S branch on HTV, Sanja Mikleušević Pavić. The HRT is also conducting a criminal case against CJA's  President Hrvoje Zovko, and the dispute for a compensation in the amount of € 33.333, which began in 2018, was recently concluded in Zovko's favor.

This year we also asked the publishers' representatives what is their take on how SLAPP lawsuits could be suppressed. The answers are mostly similar: publishers believe that unjustified lawsuits could be suppressed by changing or adapting the law, harmonizing court practice throughout Croatia, educating judges on media law, as well as educating journalists, providing free legal aid to small local and non-profit media, and conducting public campaigns which would talk about SLAPP.

Source: CJA 
Copyright © 2016. HND - Developed by IDE3 / EDU3