Millennium Team v. Nova

Ranko Pivljanin and Nova journalist (Journalist)

Nova

In progress.

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.

Millennium Team is one of the largest construction companies in Serbia and implementer of numerous projects that enjoy the political support of the authorities, including e.g. Belgrade Waterfront.

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

Reporting on government projects on which a private construction company is engaged is in the public interest. The defamation suit aims to prevent the public from being informed about the subject.

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

In addition to the fine, the provision of the Law referred to by the prosecutor provides for a prison sentence of up to one year. Invoking such a provision in proceedings against journalists is a serious threat to the future of the journalistic profession and the position of media workers.

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

Although formally a private entity, Millennium Team holds the status of a regular state partner with close ties to government officials. The use of repressive legal mechanisms to silence criticism indicates an abuse of rights by an actor closely connected to holders of public authority.

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.

The lawsuit was filed against the editor and the journalist, the author of the text. The fact that it is a criminal lawsuit implies that the defendants must personally attend the hearings, which exhausts the resources of the defendants.

6. The plaintiff, or persons associated with the plaintiff, have previously been or are currently involved in multiple coordinated lawsuits filed against participants in the public debate.

Millennium Team is known for numerous lawsuits against participants in public debate, including local media and activists.

7. The plaintiff did not initiate out-of-court mechanisms for resolving the disputed matter before filing the lawsuit, or the prosecutor, as a holder of public authority, did not issue a warning or admonishment to the defendant but filed the lawsuit immediately.

It is not known that the prosecutor has initiated extrajudicial dispute resolution mechanisms. The sudden filing of a lawsuit puts the defendants in a position where they have to divert all their resources to the court process.