The Croatian Journalists’ Association (CJA), alongside the Miko Tripalo Center for Democracy and Law, has conducted an analysis of 1,333 court rulings in addition to its annual survey on lawsuits against journalists and media outlets, which reveals a troubling result of 752 active lawsuits worth €4.1 million. The analysis showed that over 40% of closed cases have at least one SLAPP (Strategic Lawsuit Against Public Participation) indicator, with more than half of these cases containing multiple SLAPP indicators.
Currently, there are at least 752 active lawsuits against media and journalists in Croatia, as revealed by CJA’s ongoing survey conducted for the sixth year. In this year’s survey, 21 media outlets participated, with only four of them reporting no lawsuits. The majority of lawsuits continue to be civil cases for damage compensation, comprising 674 cases, or nearly 90% of the total number. The survey results do not provide specific details on the cases, meaning it is impossible to determine how many of them fall under the category of SLAPP.
Preliminary results from an ongoing study, conducted by Croatian Journalists’ Associatin in collaboration with the Miko Tripalo Center for Democracy and Law and supported by the Justice for Journalists Foundation, offer some guidance. The analysis of 1,333 rulings from 2016 to 2023 showed that over 40% of the cases contain at least one SLAPP indicator, with more than half of them involving multiple such indicators. Over the seven years covered by the study, certain trends have remained consistent. The majority of the cases are civil lawsuits seeking damage compensation, with relatively high amounts often being claimed. Over the last seven years, it has also been common for plaintiffs to initiate multiple lawsuits against the same defendant, sometimes in combination with criminal charges for defamation and honor violations, a crime still present in the Croatian legal system.
According to data from the Ministry of Justice and Administration, there are currently 86 criminal cases in Croatia related to defamation. The majority of these were filed in 2021 and 2022, with a significant decline in 2023. Of the 116 resolved criminal cases, nearly half were concluded with the suspension of proceedings. The Ministry didn’t provide information on how civil lawsuits for damage compensation against journalists and media outlets were resolved. During 2023, the Ministry recorded 179 new such cases, with a total of 607 unresolved cases. The Ministry also shared the results of its analysis of civil and criminal cases, stating that 39 of the 294 lawsuits resolved in 2023 could potentially be classified as SLAPP cases—eight criminal cases and 31 civil cases.
On the other hand, the fear-based intentions behind many lawsuits—aiming to intimidate media and encourage self-censorship among journalists—are evident in the initial claims for damages in civil lawsuits. The total claim amount in active lawsuits against media and journalists exceeds €4 million. Of this, 96% (approximately €3.9 million) is being sought in civil cases for damage compensation. However, two of the major media outlets, Jutarnji list and Slobodna Dalmacija, did not provide data on claim amounts, suggesting that the total sum could be significantly higher, as these two outlets are leaders in defamation lawsuits. According to data collected by CJA, Večernji list appears to lead with the highest total claim amount, with Jutarnji list and Slobodna Dalmacija following closely behind. Additionally, excluding Lider, from which €35,000 is being sought in one lawsuit, Večernji list also has the highest average claim amount per lawsuit—€19,000.
The analysis of court decisions between 2016 and 2023 also identified so-called “serial plaintiffs”, with 12 individuals frequently filing lawsuits for defamation, often using the same or very similar arguments, and consistently seeking the same amount of compensation—€5,308.91. It is also evident that some cases against the media are initiated by powerful individuals, such as politicians, members of parliament, judges, and lawyers, with relatively high compensation amounts sought.
“The 752 lawsuits represent an improvement compared to last year’s survey, which is the result of CJA’s ongoing efforts to combat lawsuits, particularly SLAPP lawsuits. However, in reality, the number is still much higher, as these 752 lawsuits come from a sample of 21 media outlets, while last year, with at least 945 lawsuits, 30 media outlets participated in the survey. Croatia has a culture of suing journalists and media outlets, and a large portion of these lawsuits are SLAPP cases. Once again, Croatia has proven to be the worst EU member state when it comes to lawsuits, with judges themselves being prominent plaintiffs, which is unacceptable. We will continue to demand the decriminalization of all acts related to defamation and honor violations,” said Hrvoje Zovko, president of CJA, who presented the results of the survey and analysis at the Annual General Assembly of the European Federation of Journalists in Pristina.
HND’s survey results also reveal the number of active lawsuits filed by powerful individuals. There are currently 40 active lawsuits initiated by individuals from the judiciary system, which have been grouped together with other politically exposed persons, such as politicians and public officials, in a graphical presentation. Together, this group of powerful individuals is currently involved in 128 lawsuits for defamation against media and journalists. Adding to this group are public figures, including serial litigants and legal entities, such as companies, which gives a clearer picture of the pressures faced by the media when writing critically about certain individuals and companies.
Finally, another concerning trend revealed by the first results of the research conducted with lawyers from the Miko Tripalo Center is that the average duration of all concluded civil lawsuits is 3.6 years, and in cases that ended with judgments (since some end with settlements), the average duration is 4.3 years. The longest-running case is still the one involving Večernji list, which has been ongoing for 34 years. Since the survey doesn’t collect data on individual cases, it isn’t known who the plaintiff is in this case. However, the graph showing the duration of the longest ongoing lawsuit is alarming, as it places a significant burden on media outlets and journalists due to the lengthy proceedings, uncertainty regarding the outcome, and the costs of late-payment interest.
Given all of this, it is clear that lawsuits—and even threats of lawsuits—are an extremely effective tool for silencing critical journalists and media. The number of journalistic works that have been withheld due to threats of legal action may never be known.