Nebojša Petrić v. Dragana Arsić

Dragana Arsić (Activist)

Movement “Defend the Forests of Fruška Gora”

The claim was dismissed in the first-instance proceedings. However, the judgment was overturned on appeal, and the defendant was ordered to pay the plaintiff 70,000 dinars in compensation for non-material damage due to emotional distress caused by defamation, as well as 55,900 dinars for litigation costs and 27,400 dinars for appellate proceedings.

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.

The plaintiff, Nebojša Petrić, is the co-owner of Galens, one of the most influential construction companies in Novi Sad, while Dragana Arsić is an activist operating in the public interest without comparable resources or influence. This indicates a significant imbalance of power and an attempt to exert pressure through the legal system.

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

The claim is based on statements that are part of legitimate criticism of spatial planning and construction in protected natural areas. These statements rely on publicly available information and represent a contribution to the public debate.

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

The requested compensation in the total amount of 800,000 dinars is disproportionate.

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

The lawsuit was used as a means to exert pressure on the activist who opposes the influence of commercial interests on environmental protection, thereby using the legal system as a tool of intimidation.

5. 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.

Nebojša Petrić and his wife Sanja Petrić have filed multiple lawsuits against Dragana Arsić, including both criminal and civil proceedings, indicating a pattern of repeated and coordinated legal actions targeting the same activist.

6. The prosecutor 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 immediately filed the lawsuit.

There is no information indicating that Nebojša Petrić initiated any out-of-court mechanisms to resolve the dispute before filing the lawsuit.

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

The defendant Dragana Arsić has also been sued by the co-owner of the company Galens in connection with the same actions.