Serbia: BIRN Reporter Targeted By Wealthy Business Owner And Accused Criminal In Slapp Case: CFWIJ Calls For Case To Be Dismissed

Location: Serbia, Belgrade
Date: February 13, 2023

Photo Credit: BIRN

BIRN Serbia’s Jelena Veljkovic sued for her court reporting on business owner and alleged criminal Predrag Koluvija. Wealthy and powerful individuals in Serbia continue to weaponize laws to prevent journalists from investigating their criminal activities. The Coalition For Women In Journalism stands in solidarity with BIRN and Veljkovic who are facing an absurd lawsuit for reporting facts. We call on Serbian courts to dismiss this case and for government to implement anti-SLAPP policies immediately. 

On February 13 a preliminary hearing of a defamation case brought against Balkan Investigative Reporting Network (BIRN) by Predrag Koluvija was held in Belgrade Higher Court. Owner of company Jovanjica, Koluvija claims that BIRN’s Jelena Veljkovic reported false information when covering a trial. He demands financial compensation (1,800 US dollars) for “mental pain” suffered.

BIRN believes this case is an attempt to intimidate the media. In response to the lawsuit BIRN stated, “In this case, we have all the elements of a SLAPP lawsuit… In brief, the aim of these lawsuits is not to protect rights, but to intimidate media so they will not report on specific topics or people and thus silence public debate on issues of public interest”

BIRN Serbia editor Milorad Ivanovic and BIRN journalist Jelena Veljkovic are expected to give statements at the next hearing scheduled for May 29.

Predrag Koluvija is currently being prosecuted by the Special Court in Belgrade for being the organizer of a criminal group that grew marijuana for sale. Koluvija has also brought two lawsuits against online portal KRIK for their reporting. He claims the information they reported was false, damaged his reputation, and demanded financial compensation.

Jelena’s reporting of “marijuana farm” trial

Jelena Veljkovic is an investigative reporter who has won multiple awards for her stories on corruption. In September 2022, Veljkovic wrote an article for BIRN Serbia documenting criminal trials of those accused of cultivating and smuggling drugs. She reported the words of the prosecutor who mentioned Predrag Koluvija’s connections to the accused and details of a court case against him in Hungary. Although Koluvija was not being tried in court, he was mentioned twelve times during the proceedings. Her report also included statements from Koluvija himself and his legal team. As highlighted by BIRN, the Law on Public Information and Media in Serbia states that journalists are free to report from court hearings.

Veljkovic told CFWIJ via email that, “BIRN not only would like, but is absolutely certain that the court cannot make a decision other than to dismiss Koluvija’s lawsuit after the hearing is held and the evidence is presented. Namely, in the text dated September 21 last year (for which it was sued), BIRN only reported what was said in the courtroom that day, with regard to the hearing that was open to the public.”

Continued legal harassment of journalists in Serbia

Journalists and media outlets in Serbia are frequently targeted for publishing content on criminality and corruption. Wealthy claimants file malicious lawsuits for alleged reputational damage and pursue court cases that put huge financial strain on journalists and media outlets. These are known as Strategic Lawsuits Against Public Participation or SLAPPS.

“The government tries in every way to make it difficult for the media that are not pro-government to work, and lawsuits are one of the ways. And of course they affect the work, especially when one newsroom has several such lawsuits,” says Veljkovic. “They drain you financially and take up a lot of time that you have to spend in the courtroom instead of doing your job. They prevent or slow down the opening of topics of public interest, and can seriously threaten the business operations of certain smaller, local media that work under the burden of these lawsuits.”

A recent report found that Serbian journalists are particularly vulnerable to these types of lawsuits as its courts often prioritize plaintiff’s claims about mental anguish even if harm to their reputation is not proven. Journalists in Serbia are not entitled to free legal aid, so procedures can be very costly. Serbia’s legal framework also lacks safeguards to prevent or discourage SLAPP lawsuits.

The Coalition For Women In Journalism is concerned by the number of SLAPP cases currently targeting journalists in Serbia. The government needs to implement policies to eliminate the weaponization of law by clearly defining vague legal terms and reviewing defamation laws so they align with international standards. Confusion around the interpretation of the law is allowing powerful individuals to harass journalists with malicious lawsuits. The Serbian Courts should dismiss these cases. Reporting on corruption and crime is in the public interest, democracy is strengthened when journalists are free to investigate and expose truth.

The Coalition For Women In Journalism is a global organization of support for women journalists. The CFWIJ pioneered mentorship for mid-career women journalists across several countries around the world and is the first organization to focus on the status of free press for women journalists. We thoroughly document cases of any form of abuse against women in any part of the globe. Our system of individuals and organizations brings together the experience and mentorship necessary to help female career journalists navigate the industry. Our goal is to help develop a strong mechanism where women journalists can work safely and thrive.

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