Croatian publishers and journalists continue to face an overwhelming number of lawsuits. According to data from the Croatian Journalists’ Association (CJA), there are currently at least 752 active lawsuits against media outlets and journalists in Croatia. This number is likely underestimated, as the CJA’s research did not include all media, particularly smaller online portals. The total damages claimed in these lawsuits exceed €4.1 million, reports the Society for the Protection of Journalists’ Copyright (DZNAP).
The majority of the lawsuits—674 cases, or nearly 90 percent—are civil lawsuits seeking damages. Within a project funded through DZNAP’s annual grant program, journalist Darko Markušić, deputy editor-in-chief of Direktno.hr, analyzed whether the right of reply/correction is being abused as a preliminary step in filing lawsuits against journalists and publishers. He warns that this legal mechanism is often misused, distorting its original purpose and undermining journalists’ position and authors’ rights.
His project, titled “Abuse of the Right of Reply and Its Consequences for Journalists’ Rights”, addresses a topic familiar to every journalist — few have gone through their careers without receiving at least one demand for correction, a legal right guaranteed to persons mentioned in published articles.
Markušić concludes that existing media legislation has become outdated with the development of new technologies and digital platforms and must be modernized.
In practice, few parties are satisfied with the current right-of-reply system. Publishers and journalists are dissatisfied because such corrections are almost always followed by damage claims; lawyers often consider the mechanism unnecessary or argue that media outlets fail to fully comply with it. Only about 20 percent of individuals withdraw their lawsuits after a correction is published, meaning the instrument fails to serve its intended purpose.
Meanwhile, courts continue to treat the publication of a reply as a prerequisite for filing a lawsuit, and because many judges lack expertise in media issues, they frequently tie compensation rulings to whether a correction was published.
Media experts argue that this issue would be best addressed by a self-regulatory media body, as the current system favors potential plaintiffs, effectively serving as a tool to intimidate journalists and media outlets.
This problem is further compounded by the growing number of lawsuits against publishers and journalists, with 90 percent of them seeking financial compensation, Markušić concludes in his report.
This is one of several projects funded by DZNAP. The organization’s public call for proposals opened on October 7, 2024, with a total of €15,000 available. Individual grants ranged from €500 to €3,000, and the call remained open until the end of January 2025.
According to DZNAP’s Assembly decision, at least 60 percent of the funds are allocated to projects related to copyright issues. Projects that promote and protect journalists’ authors’ rights, encourage creativity and the value of journalistic work, and improve journalists’ social and economic position are funded through the organization’s Fund for the Promotion of Journalistic Authorship.