Aleksandar Šapić v. BIRN (1)

BIRN (media), Milorad Ivanović (editor-in-chief), Jelena Veljković, Aleksandar Đorđević, Radmilo Marković (Journalist)

BIRN

The first hearing was held on September 23, 2024. year.

1. With the lawsuit that initiated the procedure, the plaintiff uses an imbalance of power, such as his financial advantage, political/social influence or authority as a power holder, in which way he puts pressure on the defendant – an actor participating in the public debate.

Aleksandar Šapić is the mayor of Belgrade, one of the most powerful political positions in the country, with access to public resources and institutional infrastructure. In this capacity, he uses his political power to file a lawsuit against BIRN’s investigative journalists and editors, thus disabling them from further reporting that is in the public interest. There is clearly an imbalance of power.

2. The arguments presented by the prosecutor are partially or completely unfounded.

Šapić claims that it is untrue that he did not report the villa in Trieste to the Agency for the Prevention of Corruption. However, BIRN stated in the text that the house was not registered, and supported this with documentation and checks from the registry. This disputes the allegations in the lawsuit and indicates that the plaintiff’s arguments are unfounded. Also, the Agency for the Prevention of Corruption itself initiated the procedure of an extraordinary inspection of the mayor’s property. Šapić said at the hearing that it is true that the property of 150 square meters was reported to the Agency, and not 400, because the form was allegedly made up by his secretary.

3. The lawsuit or legal remedy, that is, the request or proposal submitted by the plaintiff is disproportionate, excessive or unreasonable.

The lawsuit demands six million dinars in compensation for non-material damages for “mental pain”. Considering the nature of the text, which deals with the assets of a public official and is based on documented facts, the request is clearly excessive and aimed at deterring further reporting.

4. Claims represent abuse of rights, i.e. distributive use of authority by public authorities against actors participating in public debate.

The lawsuit against BIRN does not act as a means of legitimate protection of personal rights, but as a way to silence journalistic work on publicly relevant topics. The use of court proceedings by a high-ranking public official in order to put pressure on journalists indicates the abuse of legal instruments. Reporting on the holders of public authority is in the interest of the public, and officials must suffer a greater degree of criticism, which is one of the basic postulates of freedom of expression.

5. The lawsuit was filed against (i) an individual, i.e. a responsible media editor and/or a journalist and not (only) against an organization that organized the disputed activity, i.e. a media publisher and/or a journalist who published the news within a public debate.

In addition to the editor-in-chief of BIRN, Milorad Ivanović, journalists and authors of the text: Jelena Veljković and Aleksandar Đorđević are sued. This individualizes legal pressure and increases the effect of intimidation of journalists.

6. The lawsuit is accompanied by an offensive public relations campaign designed to harass, discredit or intimidate actors participating in the public debate, or is intended to divert attention from the substantive issue at hand.

During the trial, Šapić used emotionally colored statements in his speeches, raised his voice and accused journalists of lying. Such statements and behavior indicate an attempt to discredit journalists and divert attention from the central issue – whether he, as a public official, declared his assets in accordance with the law.

7. The plaintiff, or persons related to the plaintiff, in the previous period were or are now participants in multiple and coordinated filing of lawsuits against actors participating in the public debate.

This is one of two lawsuits that Šapić filed against the same journalistic team and editorial office in a short period of time, which indicates a pattern of behavior that includes multiple and coordinated legal attacks on investigative journalists. Otherwise, Mayor Šapić is known as the filer of numerous lawsuits against the media, and is known for his unprofessional attitude towards journalists of critical media.

8. On the occasion of the same event in the framework of public debate, several lawsuits were filed against the same defendant on different grounds.

BIRN was sued in two separate lawsuits by Šapić, in connection with texts dealing with his property (villa in Trieste and illegal construction). Although the topics are technically different, they concern the same subject of public debate – the property status of a public official and the potential abuse of office.