Serbia’s KRIK Media Fined for Reporting Claims About Minister’s Crime Ties

07/11/2022

Serbian investigative media outlet fined in SLAPP lawsuit for publishing news about trial of crime gang, quoting defendant’s claim that group had ties to Interior Minister.

A court in Serbia headed by Judge Natasa Petricevic Milisavljevic fined investigative media outlet KRIK for publishing news from the trial of the criminal group, “Jotka’s group”, mentioning Bratislav Gasic, Serbia’s new Interior Minister and former chief of the Security Information Agency, BIA.

Gasic brought a SLAPP lawsuit for defamation in May 2021. The reasons why the judge condemned KRIK are not yet known, nor the amount of the fine, since the verdict has not yet been published, KRIK said on its website.

Gasic had demanded half a million dinars from KRIK for injuring his honour and reputation after it published a report in April on the trial of Jotka group boss Zoran Jotic “Jotka”.

KRIK reported on what was happening in the courtroom and quoted released wiretapped conversations in which one of the defendants said Jotic did not have to worry about his safety because “Gasic is with him on the cauldron” – an expression that in criminal circles means that one person receives money from another.

KRIK editor Stevan Dojinovic called the verdict a dangerous precedent, asking whether journalists in Serbia are allowed to continue reporting from courtrooms.

“We reported exactly what happened in the courtroom and that was never questioned during this litigation. There is no justifiable reason for us to be condemned since we called Gasic [for a statement] and we even postponed the publication of the news until the next day to give him enough time to respond,” Dojcinovic said.

The president of the Independent Journalists’ Association of Serbia, NUNS, Zeljko Bodrozic, told KRIK website that this may be the beginning of even greater pressure on Serbia’s independent media.

“This verdict shows that the government has largely taken over the courts as well. This may be just the beginning of an open trampling of the remaining free media,” he said.

Gasic was recently appointed interior minister after previously heading Serbia’s Security Information Agency, BIA, since 2017. He is known as a close associates of President Aleksandar Vucic.

His lawsuit is one of 11 so-called SLAPP lawsuits against KRIK in the last two years. SLAPP lawsuits are those whose goal is to intimidate journalists and prevent them from performing their work and reporting on certain topics of public interest.

Coalition for Media Freedom: KRIK Verdict Threatens Freedom to Report on Court Proceedings

IJAS

06/11/2022

On Wednesday, November 3, 2022, the information was published on the official web portal of Serbian courts that judge Natasa Petricevic Milisavljevic had issued a verdict against KRIK in the case of Gasic vs. KRIK. Bratislav Gasic sued KRIK in April 2021 for damage to reputation and honor because of a news report that KRIK published from the trial of the criminal group of Zoran Jotic Jotka. In the news report, KRIK conveyed information as to what was happening in the courtroom and quoted a wiretapped conversation of the members of the criminal group which involved a mention of the BIA director Bratislav Gasic.

Gasic demanded half a million dinars for damage to reputation and honor. During the trial, four hearings were scheduled, while only two were held. The last one was held on October 4, 2022. On the official web portal of Serbian courts there is information stating that the lawsuit was partially accepted, and that the verdict was dispatched on November 3, 2022. The amount for which the lawsuit was accepted is still unknown because the verdict has not reached the defendant KRIK.

In the news report, KRIK cited the evidence presented at the trial in accordance with Article 74 of the Public Information and Media Law. According to this provision, “Information from an ongoing criminal proceeding may be published if it was presented at the main trial or if it was obtained or could be obtained from public authorities based on the law regulating access to information of public importance.” In accordance with the Serbian Journalists’ Code of Ethics, KRIK gave Gasic the opportunity to explain the allegations, but he did not act on it. Gasic did not use his legal right to request a denial after the publication of the article, nor did he deny the disputed allegations made in court through other media; instead, he resorted to a lawsuit, which should be an option only when all other mechanisms for protecting one’s reputation and honor have been exhausted, which leads us to believe that the goal of this lawsuit was financial exhaustion of KRIK.

The Coalition for Media Freedom warns of an increase in lawsuits received by the media for citing testimonies or evidence from trials. It is already difficult for the media to report from the courtrooms, and verdicts such as the one against KRIK will make it practically impossible, while they also encroach on the essential role of the media in a democratic society to report information of public importance. Mentioning government officials / office holders in any court proceeding would pass any public interest test as something citizens have the right to know about.

In Belgrade,

5.11.2022

Coalition for Media Freedom: Association of Media, Association of Online Media (AOM), Independent Association of Journalists of Vojvodina (NDNV), Independent Journalists’ Association of Serbia (NUNS), Business Association of the Association of Local and Independent Media “Local Press”, Slavko Curuvija Foundation.

A majority of female journalists in North Macedonia face online harassment

IJAS

04/11/2022

unnamed — Credit: OSCE Representative on Freedom of the Media

The European Federation of Journalists (EFJ) is worried by the results of a new study by the Platform for Investigative Journalism and Analysis (PINA). The results reveal an important issue when it comes to the protection and prosecution of online harassment against women journalists in North Macedonia. In collaboration with its affiliates, the Association of Journalists of Macedonia (AJM-ZNM) and the Trade Union of Macedonian Journalists and Media Workers (SSNM), the EFJ called for the adoption of the long-awaited amendments to the Criminal Code in North Macedonia to deal with all types of attacks against journalists ex officio.

According to the survey conducted by PINA with the support of the OSCE Mission in Skopje, 81.6% of the survey sample of 103 female journalists have been harassed online in North Macedonia.

This puts the country above the global average of 64% of women journalists who have faced online violence, according to a survey published in 2018 by the International Federation of Journalists (IFJ). The high number of online harassment in North Macedonia is more than a snapshot, says Darko Duridanski, SSNM Project Manager:

“The attacks against women journalists in Macedonia in recent years have increased significantly as PINA’s research showed. Our research, contacts as well as surveys show that every year the online attacks are constantly growing.”

The answers of the North Macedonian female journalists are concerning. A majority (84.6%) say they know which institution to turn to to report a case of online harassment, however only 25.2% turned to the competent institution and 32% turned to their newsroom. Almost half of the respondents (43.7%) did not report the case. A possible reason is given in the report:

“Almost half of women journalists who reported online harassment and attacks were very dissatisfied from the cooperation with the institutions and only two interviewees said they are satisfied.”

Dissatisfaction with the prosecution of cases is a problem our affiliates in North Macedonia are well aware of.

“There is no appropriate reaction from the competent institutions,” commented Duridanski.

Together with other media organisations, they regularly ask for better results in stopping the impunity of online attacks against media professionals. “Our main hope now is that long-awaited amendments of the criminal code will be adopted because they are supposed to strengthen the fines for attacks against journalists and to treat all types of attacks against journalists ex officio.”

The changes to better protect journalists were announced in July 2021 by Justice Minister Bojan Maricic but still have not been passed. Appropriate reaction from the prosecutors’ office and Ministry of Interior is of high importance in these cases.

Stopping the impunity is the only thing to make it even possible to expect a decrease of attacks, Duridanski added.

The AJM-ZNM noted 79 serious incidents in the last eight years in their register of attacks, of which 24 are physical assaults on journalists performing their duty. “Only four have been resolved with a court verdict, meaning that we are facing high impunity”, says AJM-ZNM Director Dragan Sekulovski. Actions have been taken:

“Currently, we are working with the Ministry of Interior on a joint protocol for the safety of female journalists online. This tool should help the journalists to report incidents more efficiently but also mobilize the competent institutions to be more proactive when the right of the journalists are endangered.”

The motives for harassment were, according to female journalists interviewed by PINA, mostly publications of journalistic articles “aimed at other centers of power” (56.6%), “about social developments that were critical of the authorities” (43.4%) and “about social developments that were critical of some party” (36.1%). A smaller number of respondents said that they have been harassed because they have expressed personal views and opinions.

Three types of online harassment prevail: private photos shared on social media (29.7% of cases), online stalking (22%) and organised campaigns (18.7%). The source of the insults, threats or attacks is generally unknown.

Besides these alarming examples, the survey also points out that for more than half of the women journalists who faced online harassment, the experiences did not cause changes in further behavior. Some respondents tend to ignore such content, accepting it as part of the profession. According to the PINA survey report, this shows “a high degree of normalisation of online harassment.”

The entire detailed analysis of PINA can be viewed at the following link.

IJAS: Serbian List to Stop Discriminating Professional Media

IJAS

04/11/2022

The Independent Journalists’ Association of Serbia (IJAS) sent a letter to the Serbian List in Kosovo, demanding that they cease the continuous discrimination of media that report independently and professionally.

The most recent case happened when Nenad Djuric, director of the Regional Directorate of Police for the North region, addressed only selected media outlets – Kosovo Online and TV Most – regarding the decision on the registration of vehicles in Kosovo. Portal Kossev and other local media did not receive an invitation to the media address, which is not the first case of this kind.

in the past year, IJAS addressed the Serbian List twice considering that Kossev and other local media do not receive notifications about events and invitations to conferences organized by the Serbian List and institutions in the Serbian and Kosovo systems that are managed by the Serbian List personnel. However, we did not receive any response, nor did the situation improve.

When our colleagues from Kosovo tried to find out why they were not being notified, they were not provided with a concrete answer, but were instead asked the inappropriate counter-question “Ask yourself why they don’t inform you”, accompanied by the remark “To each according to his merit” by Mr. Goran Rakic, President of the Serbian List.

In the letter to the Serbian List, IJAS stated that it is possible discrimination and a selective approach in informing journalists that underpins this case. This makes the work of journalists more difficult and represents direct pressure on them and their newsrooms. We are again asking the representatives of the Serbian List to explain the reasons for the failure to notify the media.

While emphasising that discrimination against journalists, editors and the media on any basis is prohibited by the Law on Public Information and Media (Article 4), we are asking the representatives of the Serbian List to respect the laws and stop discriminating against the media.

RTV Ora confiscated because of Anti-mafia Law

Tirana

03/11/2022

On November 3, the Special Court for Corruption and Organized Crime decided, based on the “Anti-mafia Law,” to confiscate most of the property of Ylli Ndroqi, including the RTV Ora News. The state will own these assets. They were seized in 2020 and 2021 as suspected to be the product of criminal activity. 60% of the shares of the company “Ora” is among the confiscated property, which represents the television “Ora News” and 30% of the shares of the company “Channel One” (here and here).

The abbreviated decision of the court states that the confiscation was carried out based on the 2009 law “On preventing and combating organized crime and trafficking through preventive measures against property,” otherwise known as the “Antimafia” law.

One of Ndroqi’s legal representatives, lawyer Jordan Daci, described the decision as a blow to the media, noting that the court had taken care to confiscate most of the shares of “Ora News,” leading to the loss of control over the TV channel (here).

Ndroqi (known to police also as Xhemal Pasmaçiu) has been suspected of involvement in drug trafficking but was never charged. Prosecutors claimed its owner, Ylli Ndroqi, could not explain the legitimate origin of most of his multimillion euros’ wealth. Ndroqi had never commented on the cases. He insists that his wealth is legitimate. The US treasury department’s Office of Foreign Assets Control, OFAC, has accused him of using the media outlets formerly under his control and seized by the state in 2020 to “extort and blackmail Albanian citizens through demands for money and advertising purchases in exchange for withholding publication of negative media stories” (here).

Albania’s anti-mafia law allows authorities to seize properties that could not be explained as coming from legitimate sources, whether there is direct proof that these assets are the proceeds of illegal activities.

The opposition has criticized the court decision as a political decision against media freedom (here and here). Brahim Shima, general director of the television, said the decision was politically motivated and related to the TV station’s criticism of Prime Minister Edi Rama and pointed to the conflict between Ndroqi and the Mayor of Tirana, Erjon Veliaj (here). Lawyer Jordan Daci confirmed they would appeal the decision.

The officers of the Bureau of the Investigative Commission, the officers of the Judicial Police, and the state administrators of the Seized and Confiscated Assets Agency arrived on the morning of November 4 at the premises of RTV Ora. They conveyed that the work would continue and that the confiscation would not violate the freedom of expression. Administrators initiated an equipment inventory and asked reporters to continue working as usual. The company administrator, Farudin Arapi, said, “This is not final. It is still an open decision of a court of the first instance. We have not yet received the first instance’s reasoning part of the court. Your legal representatives have sufficient time for the appeal. The work will not be stopped even after the court issues a final decision.”

But the journalists expressed disbelief that they could exercise their profession freely under the state confiscation of the station where they work (here).

Given that the court has yet to publish the entire decision, one cannot assess whether the court has considered the principle of proportionality, given that the property confiscated is media. The situation is very complex, and the future of RTV Ora is in question, as well as the position of journalists and media staff (some testimonials here). Notwithstanding, local, and international reports have underlined as highly concerning the link between media and organized crime in recent years.

Additional links

https://www.zeriamerikes.com/a/6820617.html

https://citizens-channel.com/2022/11/04/konfiskimi-i-rtv-ora-nje-televizion-me-pak-ne-peizazhin-mediatik-shqiptar/

https://www.reporter.al/2022/11/03/gjykata-vendos-konfiskimin-e-televizionit-ora-te-ylli-ndroqit/

https://balkaninsight.com/2022/11/04/albania-court-confiscates-tv-channel-on-antimafia-law/

Bosnian Police Chief Faces Suspension for Threatening Journalist

IJAS

03/11/2022

1666625370-Zoran_Cegar-750x500-1 — Zoran Cegar, head of the Sector of Uniformed police of the Federation of Bosnia and Herzegovina. Photo: N1 BiH

Federation entity Interior Minister demands Zoran Cegar’s ‘urgent’ suspension for threatening ‘to rip journalist’s throat out’.

The Minister of Interior of the Federation of Bosnia and Herzegovina, Aljosa Campara, on Friday requested the urgent suspension of the head of the Sector of Uniformed Police in the entity, Zoran Cegar.

The request came after Cegar was recorded threatening a journalist from the Bosnian Centre for Investigative Reporting, CIN BiH, saying that he will “rip her throat out”.

He made the alleged threat in Croatia’s coastal town of Dubrovnik, where he is facing trial for fraud and falsification of documents.

Earlier this week, CIN BiH published an article showing Cegar acquired property in Bosnia and Herzegovina illegally. Journalists discovered that in the last 20 years he traded numerous real estate: houses, apartments and land holdings in Bosnia and Croatia, and also possessed numerous cars, boats, motorcycles and snowmobiles. He often traded without money, exchanging his and other people’s real estate and vehicles.

This is not the first time Cegar has threatened CIN journalists. During the investigation, alluding to his position, he said he was “informed by various people” about the whereabouts of various journalists.

If found guilty, Cegar faces up to eight years in prison, which was one reason why Campara sought his suspension. Under Bosnian law, a police officer can be suspended if involved in crimes that can be punished by one to three years in prison.

Campara also asked for his suspension “due to forgery of notarial contracts related to property in Ilijas, as well as due to violent behaviour and threats addressed to female journalists of the Centre for Investigative Reporting.”

The Police Administration of the Federation entity reacted by saying that an internal investigation on these allegations has been launched.

In January, Cagara was recorded beating up a worker at a parking lot in Bosnia’s capital Sarajevo, while wearing an official uniform, but continued working without sanctions.

BH Journalists: Returning defamation into criminal laws is not a European standard of freedom of expression

BHJA

01/11/2022

SARAJEVO/BANJA LUKA, 01.11.2022. – The Steering Committee of the BH Journalists Association expresses its concern over the request of the president of SNSD party and member of the Presidency of Bosnia and Herzegovina, Milorad Dodik, to re-introduce defamation and insult into the criminal legislation of the Republic of Srpska, which is contrary to European standards for the protection of freedom of expression and information.

Yesterday, Dodik wrote on Twitter that he asked the Ministry of Justice of the Republic of Srpska to prepare a new set of laws in the area of preventing the spread of fake news and hate speech, as well as the introduction of defamation and insult in the Criminal Code of the RS as a criminal offense.

The Steering Committee of the BH Journalists Association believes that such a rigid intervention into media legislation, even at the level of the initiative of the current member of the Presidency of BiH, represents an inadmissible limitation of media freedom and freedom of expression, and hints at the return of Bosnia and Herzegovina two decades ago to the period when journalists could end up in prison for their writings and their work in the public interest.

The Steering Committee of BH Journalists emphasizes that Milorad Dodik is not the only politician who advocates the criminalization of defamation and insult. In recent months, we have witnessed similar initiatives by leading politicians in both BH entities and suggestions for the criminalization of defamation. In the case of BiH and the undisguised pressures and interference of politicians in the work of the judiciary, such initiatives are unacceptable and open space for political abuse of the legislative-legal system and judicial institutions.

The very possibility of a journalist going to prison is terrifying! Although defamation is still a criminal offense in some European countries, the courts almost never apply the option of imprisonment for this offense. On the other hand, the examples from Turkey, where journalists were sentenced to long-term prison for defamation, are not at all encouraging in this respect. It is not difficult to assume that in BiH there are many who wish for the return of a type of verbal delict and prison sentences for media professionals and other citizens who publicly express critical views and question the actions of local authorities.

BH Journalists remind that Bosnia and Herzegovina is the first country in the region to decriminalize defamation and was the leader of positive trends in media legislation. Bringing defamation and insult back into the realm of criminal law would needlessly take us ten steps back and send a very bad message to our European partners at a time when we expect candidate status for the European Union.

We also remind that the European Commission requested from Bosnia and Herzegovina authorities to guarantee freedom of expression and the media, as well as the protection of journalists, as one of the eight fundamental conditions for obtaining candidate status. Therefore, these kind of attempts to stifle the freedom of the media and put journalists and the media under pressure, especially those who critically report on the moves of the authorities and uncover corruption affairs in which certain politicians are involved, must not be allowed.

Steering Committee of BH Journalists Association

IJAS: Investigate all the circumstances of the attack on journalist Tamara Tankosic

IJAS

31/10/2022

The journalist of the Radio-television of Serbia (RTS), Tamara Tankosic, was verbally and physically attacked by a woman unknown to her, on October 17 at the Faculty of Law, University of Belgrade, where the prize for the best doctoral thesis was awarded.

Although the attack was not preceded by any verbal communication, the person hit the journalist from behind, then followed her and pushed her against the wall while hitting and scratching her. The person addressed the journalist telling her several times “I know who you are” and threatening her. She also said that she would find her after the event at the Faculty.

The case was reported to the police, and Tamara Tankosic gave statements to the prosecution and the police.

We emphasize that, at the time of the attack, the RTS journalist was working on a sensitive topic about the safety of journalists, which is not common and usual on the television she works for, and the event took place the day after the filming, that is, the day before the broadcast.

We expect the competent institutions to quickly and efficiently carry out the investigation and to examine whether this attack is related to the journalistic work of colleague Tankosic.

BH Journalists: Milinović’s statements are an abuse of CRA and direct pressure on Face Television

BHJA

31/10/2022

SARAJEVO, 31.10.2022. – The Steering Committee of the BH Journalists Association invites the Council of the Communications Regulatory Agency (CRA – RAK) to analyze in detail the statements of CRA general director Draško Milinović regarding his announcements of “rigorous sanctions” for Face Television and the editor of this media outlet, Senad Hadžifejzović, and to determine whether Milinović, as the director of the Agency, violated the provisions of professional and ethical performance of duties.

Yesterday, Milinović stated that the CRA initiated proceedings ex officio against Face Television, and announced that “they will go for the highest possible sanction” because Senad Hadžifejzović allegedly asked a guest in the program whether Milorad Dodik should be “killed”. Although from the controversial recording, which was transmitted yesterday by numerous media, it is not possible to clearly discern what exactly Hadžifejzović said, the director of the Communications Regulatory Agency “judged” Hadžifejzović and Face Television in advance, which represents a precedent never before registered in the work of CRA.

The Steering Committee of the BH Journalists Association emphasizes that no director of the CRA, nor any other sector within the Regulatory Agency, has ever spoken about sanctions to the electronic media before the proceedings were completed and all the actors of the disputed case had been heard. The statements of Draško Milinović represent direct pressure on Face Television, as well as the abuse of the regulator and its independent position, and the introduction of a practice that can cause incalculable damage to other media in BiH – CRA license holders.

It is indisputable that a detailed and independent investigation which will precisely determine what exactly Senad Hadžifejzović said should be conducted in this case, and possibly take legal and ethical measures in accordance with the established facts. However, politicizing the case even before establishing the facts and content of the contested statement is illegal and contrary to the provisions and Code of the CRA.

The Steering Committee of BH Journalists especially points out Article 8 of the CRA Code of Ethics, which states that “members of the Council of the Agency and the General Director must not abuse their authority and allow personal interests and relationships to result in situations that may affect the possibility of objective judgment, as well as professional and ethical performance of duties and work obligations“.

The statements of the CRA director announcing “rigorous” measures and sanctions for Face TV even before the procedure has been carried out represent an obvious violation of the provisions of the Code and require an immediate reaction of the CRA Council, with the aim of protecting the professional and independent work of this regulatory body.

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