This analysis is based on the standards established in the European Union Anti-SLAPP Directive and the Council of Europe Recommendation CM/Rec(2024)2.
On 18 December 2025, online outlet Nacionale and journalist Oqean Dermaku published an investigative report alleging that lawyer Blinera Osmani was granted a law license despite lacking the required “Declaration of Unemployment” document. This document, issued by the Employment Agency, confirms that a candidate is not employed and is one of the legal requirements for obtaining a license to practice law in Kosovo.
Investigative journalist Dermaku based his reporting on official confirmation from the Employment Agency stating that the document had not been issued to Ms. Osmani. The original report was later republished by Reporteri and Periskopi, while the content was also shared on social media by journalists Oqean Dermaku and Berat Buzhala.
First, it is important to emphasize that the reporting concerns whether a person closely related to the head of state fulfilled the legal requirements for obtaining a law license. The focus of the reporting is not the claimant’s private life, but rather an issue that directly concerns the public interest. When reporting relates to the integrity of public procedures — especially involving individuals closely connected to political leadership — the protection afforded to media freedom is significantly stronger than in cases involving purely private reputational claims.
Second, Ms. Osmani is the sister of the President of the Republic of Kosovo, Vjosa Osmani. This places her within the immediate circle of public power and makes media scrutiny legitimate whenever there are concerns regarding preferential treatment, conflicts of interest, or lack of transparency. Because of this connection, the level of tolerance toward public criticism expected from Ms. Osmani is higher than that expected from a purely private individual.
Third, the lawsuit itself politicizes the matter and directly links it to the President. A notable element is that the claimant references the President of the Republic in the lawsuit, arguing that the reporting was designed to politically damage her. This demonstrates that the claimant herself views the matter as connected to a public and politically influential figure, further reinforcing the public-interest dimension of the reporting.
Fourth, the journalist acted responsibly and exercised a high standard of professional diligence in verifying the facts. The core issue in the reporting concerns whether the claimant fulfilled the legal requirement regarding unemployment status at the time of application. According to official institutional confirmation, this requirement was not met. The journalist followed the basic standards of professional journalism by obtaining information from official institutions, securing written confirmation from the Employment Agency, requesting clarification from the Kosovo Bar Association, contacting the involved party, and reviewing the legal and regulatory framework governing the legal profession. This makes it extremely difficult to argue that the reporting was carried out with reckless disregard for the truth.
Fifth, the lawsuit does not refute the substance of the reporting. A key indicator of a SLAPP lawsuit is when the claimant avoids addressing the core issue and instead shifts the debate toward secondary matters. In this case, according to the facts presented, the lawsuit does not directly answer the central question: did Ms. Osmani actually possess the required unemployment certificate at the time she applied for the law license? Instead, the lawsuit redirects the discussion toward broader interpretations of what constitutes an “employed person” and other procedural matters that are not materially relevant to the central issue.
Sixth, the claimant did not make proper use of the right of correction. Although she publicly reacted to the reporting, the lawsuit does not indicate that she submitted an official request to the media outlets seeking correction or clarification of the reported facts. Instead, legal action was immediately initiated against several media outlets and journalists — a pattern commonly associated with SLAPP lawsuits. Another typical SLAPP characteristic is that the lawsuit targets not only media organizations but also journalists personally.
Seventh, the finding by the Kosovo Press Council that there was no ethical breach or violation of privacy is highly significant. This indicates that the reporting was not only factually grounded but also considered consistent with professional media standards. When reporting passes professional self-regulatory review yet is still pursued through broad civil litigation, concerns about abuse of judicial procedures become even stronger.
Eighth, the claimant’s public reactions do not substantively address the reporting itself. Based on the facts presented in the lawsuit, the claimant’s public statements — including those made on social media — do not directly address the central issue raised in the reporting, namely the alleged absence of required documentation. Instead, they focus on discrediting the journalist and attributing political motives to the reporting. This is problematic because it suggests a shift away from clarifying the truth and toward delegitimizing the journalist, which is a defining characteristic of SLAPP lawsuits.
This lawsuit qualifies as a SLAPP because it lacks substantive merit, targets reporting that is fact-based and accurate, has been initiated by a party closely connected to political power, personally targets the journalist, and seeks to divert attention away from a core issue of public interest toward secondary claims that do not undermine the substance of the reporting.
This analysis was prepared by Flutura Kusari, media law expert and pro bono external legal adviser to the Association of Journalists of Kosovo. She is also co-author of the Council of Europe Recommendation against SLAPP lawsuits, adopted by the Committee of Ministers of the Council of Europe, and a member of the European Commission’s Expert Group against SLAPPs.
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