Legal uncertainty is significant because it is unclear how each court will rule. Milijan Brkić, while in power and serving as Deputy Speaker of the Parliament, mostly received final judgments in his favor. Since leaving office, he has not received any favorable rulings, it was said, among other things, at a gathering titled “SLAPP and Media Freedoms: Rule of Law Report,” held on Monday at the Zagreb Journalist House. The event presented research and an extensive analysis of 1,333 judgments against media and journalists between 2016 and 2023. It was found that 40 percent of these judgments contained some element of SLAPP lawsuits, aimed at discouraging journalists and media, as well as activists, from addressing topics of public interest.
The research was conducted by the Miko Tripalo Center for Democracy and Law and the Croatian Journalists’ Association (HND), with material support from the Justice for Journalists Foundation. “Our research of the court database showed that as much as 40 percent of these judgments have some element of SLAPP lawsuits. Their aim is to deter journalists and media, but also activists, from discussing issues of public interest,” said lawyer Ivana Zeljko, an associate of the Miko Tripalo Center. The data analyzed was obtained through various courts, and the Ministry of Justice provided a significant number of court decisions.
Defining SLAPP
SLAPP, or Strategic Lawsuit Against Public Participation, is not defined in Croatian law, so the authors of the study analyzed lawsuits according to criteria used by the Coalition Against SLAPPs in Europe, CASE, the European Commission, and the Council of Europe. “We had to define what SLAPP is because there is currently no proper definition in Croatia. These are malicious legal proceedings, where the plaintiffs are often public and powerful individuals aiming to prevent media and other civil society organizations from disseminating decisions of public interest,” said Zeljko. Researchers used various indicators to identify SLAPP cases, which was not easy since some legitimate legal proceedings could sometimes indicate SLAPP.
In court proceedings, some plaintiffs seek a correction, while others seek monetary compensation. “The value of the disputes is significantly high. The average amount sought in damages is 9,300 euros, while the average amount awarded is 3,200 euros. The lengthy duration of court proceedings is also a problem, averaging 4.3 years, as is the inconsistency in court practices. Some judges consider that if a correction was published prior to the lawsuit, the damage is compensated,” said Zeljko, highlighting the issue of serial plaintiffs who frequently file lawsuits against media, repeating similar claims and seeking identical amounts.
Although the court rulings received were anonymized, some journalists present at the forum shared their experiences with specific plaintiffs. “Serial plaintiff Milijan Brkić has filed 50 lawsuits for emotional distress regarding about ten articles. While he was in power, serving for a time as Deputy Speaker of the Parliament, he mostly received final judgments in his favor, and since he left, he no longer does,” said journalist Ivan Pandžić from 24 sata, who, among others, was criminally prosecuted by former Petrinja Mayor Darinko Dumbović. “And not just him—his son and his son’s company have sued me over the same article,” said Pandžić, who has eight other ongoing court cases.
Specialized Judges for Media
“These trials are uncomfortable and painful because judges do not understand journalistic work. Some are not interested in what happened after the article was published or whether it turned out we were right; they only focus on the basis upon which the article was written. You look foolish if you engage in investigative journalism,” said Pandžić, who proposes that some judges specialize in media cases.
Neven Mates from the Miko Tripalo Center stated that the success rate for such lawsuits is less than 10 percent in criminal cases and 20 percent in civil cases. “However, if the real motivation for the lawsuit is to pressure the press, then that outcome is not important, because if you stand for four years in the face of a threat of punishment or damages, it will surely affect your writing,” Mates said, adding that Croatian judiciary “struggles with SLAPP lawsuits” and that courts stimulate such lawsuits with high damages.
“It is specific that judges themselves file lawsuits against journalists, seeking amounts above the average, which leaves an unpleasant taste in one’s mouth. Many rulings note whether journalists adhered to the ethical code, but such considerations are never mentioned for judges. I spent hours searching for data on whether judges file lawsuits in other countries and found only a few examples,” Mates noted. He also warned of the inconsistency in court practices, where some judges call expert witnesses while others call witnesses. “There is also the question of titles and framing—often, the text itself could not be criticized, but headlines can be exaggerated. The European Court of Human Rights (ECtHR) has concluded in several cases that exaggeration in headlines is permissible as provocation, but our Constitutional Court disagreed,” Mates said, agreeing that early recognition and dismissal of SLAPP lawsuits are essential.
Dismissing Lawsuit Claims
“Civil society organizations need to systematically monitor these rulings. We will try to encourage journalists to contact us in the future, as public presence will prevent some of the absurd rulings we have seen so far,” Mates said.
Dijana Kesonja from the Office of the Ombudsman of the Republic of Croatia noted that “journalists are often subject to SLAPP lawsuits, but they are not the only ones. Organizations pointing out various types of pollution or deforestation, as well as whistleblowers, are also under pressure. As soon as they report irregularities, they face backlash. We need to create a mechanism whereby lawsuits against such individuals must be dismissed,” Kesonja said.
Ivan Novosel from the Human Rights House stated that “for ten years, we have recorded a continuous increase in this problem, and the state of local media is particularly concerning. SLAPP directly affects journalists, especially in local media, but it also has consequences for the state of democracy and the realization of human rights. The Supreme Court has introduced new practices in this regard, but so far we do not see effects at the local level.”
Lawyer Vanja Jurić stated that court practices are very inconsistent and that only a few judges adhere to the ECtHR’s views. “Practices vary significantly depending on the region—some counties show much greater understanding for media freedoms than others. Standards are applied very inconsistently; legal uncertainty is high because it is unclear how each court will rule, despite ongoing discussions about this for years, even decades. Education is crucial; judges must know how to apply the law,” lawyer Jurić said.
Judges as “Editors”
Croatia has two years to transpose the European anti-SLAPP directive, at which point we will learn how many court cases deal with SLAPP lawsuits and will have a definition of SLAPP, announced Petra Jurina from the Ministry of Justice.
As Jasna Fila from the Ministry of Culture and Media stated, “a brochure will be created as a tool for judges to bridge the gap until 2026. So far, we have educated 60 judges on SLAPP lawsuits and found that they do not understand journalistic work. This issue will also be addressed in the Media Act, and judges will be given the option to dismiss unjustified lawsuits at an early stage,” Fila said.
Maria Ordzhonikidze from the Justice for Journalists Foundation emphasized that her organization is investing significantly in the fight against SLAPP lawsuits, and the president of HND, Hrvoje Zovko, reminded that Croatia has had European champions in SLAPP lawsuits for two consecutive years—HTV and then Judge Zvonko Vrban.
“At one point, HTV had 36 lawsuits. You have judges acting as editors and telling journalists what they should do. This is a country where you can publish the truth and lose. It is terror against the public interest, exacerbated by Lex AP; Croatia is a country of SLAPP lawsuits, and they are a tool for intimidating journalists, especially at the local level. We need to remove offenses related to defamation and reputation from criminal offenses to reduce the pressure of SLAPP lawsuits,” Zovko concluded.