One of the more notable examples of court cases in which journalists face multiple lawsuits for their reporting concerns BIRN (the Balkan Investigative Reporting Network) and the current Mayor of Belgrade, Aleksandar Šapić. This case illustrates what can happen when journalists investigate and report on the assets of public officials, especially in the context of public debate on how private assets are acquired and declared.
At the end of 2022, BIRN published two investigative articles. In one, they stated that according to official documents, Šapić failed to declare a house in Trieste valued at approximately EUR 820,000. The second article examined the circumstances under which, after becoming mayor, Šapić obtained legalisation for an extension built on his house in Belgrade. Both stories were based on information drawn from public registers and other available sources.
Following the publication of these articles, Aleksandar Šapić filed two separate lawsuits against BIRN before the Higher Court in Belgrade. In his lawsuits, he claimed that the information was false and had caused him damage to his honour, reputation, and human dignity. For each article, he demanded damages of six million dinars. Šapić maintains that BIRN’s reports contain falsehoods, while the newsroom stands by its position that everything published is based on documented facts and pertains to matters of significant public interest. The case has attracted attention in part because both lawsuits involve substantial compensation claims, which can pose a challenge for the work of smaller investigative editorial teams.
Organisations that monitor media freedom, such as SafeJournalists, have pointed out that such lawsuits can have a chilling effect, discouraging journalists from further investigating the assets of public officials. Both proceedings are still ongoing, and it is not known when they might be concluded.
In its public statements, BIRN has affirmed its commitment to defending before the court the public’s right to know how officials manage their assets, particularly as these topics are relevant to the integrity of public office. “BIRN will continue to investigate issues of public interest, monitor and scrutinise the work of institutions, politicians, and public officials, and publish stories that the public has a right to know and on the basis of which it can make informed decisions,” said Milorad Ivanović, BIRN’s Editor-in-Chief.
This example illustrates how important it is to speak openly and accurately about court proceedings in which journalists are sued for publishing information of public interest. Presenting the entire course of such cases in the public domain can contribute to a better understanding of how the boundaries between freedom of expression and the right to protection of reputation are interpreted in practice.
This document was prepared within the framework of the Civil Society Development Hub of the Western Balkans project, financed by Sida, and implemented by the BCSDN.
The content of this document, the information and the views expressed in it do not represent the official position and opinion of Sida and BCSDN. The responsibility for the information and views expressed in this document rests entirely with the author.
