Nemanja Šarović v. 021

021 (Media)

021

Portal 021 was convicted in the first instance on August 18, 2026, following the lawsuit of Nemanja Šarović, due to the statement of the President of the Assembly of Serbia, Ana Brnabić. According to the verdict, 021 and editor-in-chief Slobodan Krajnović should pay Šarović 70,000 dinars (with default interest) for non-material damages for mental pain suffered due to injury to honor and reputation, and because of the words stated by a high-ranking government official, which 021 faithfully conveyed. Also, 021 should pay RSD 85,000 for the costs of the litigation. Although Nemanja Šarović’s lawyer stated at the trial that the newsroom had received his denials, 021 contested this, which the judge of the High Court in Belgrade accepted. It was also stated that “Anna Brnabić’s statement was transmitted completely and reliably”. The court also assessed that “public figures, which the prosecutor (Šarović) is indisputable, unlike private persons, must suffer an increased level of criticism in the media.” Despite all the above, the court considers that the information from the text violates the dignity of the prosecutor’s personality and that the publication of Ana Brnabić’s statement did not comply with the standard of due journalistic attention, and this media was fined.

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 has been active in the political life of Serbia for many years. He is currently the president of the “Love, Faith, Hope” movement, but previously he was a member of the Serbian Radical Party, a coalition partner of the SNS. His political contacts give him an advantage over the defendant portal.

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

The plaintiff sued the media for reporting the statement of the President of the National Assembly. So, the lawsuit was filed against the media for doing their job.

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

The lawsuit is unreasonable considering that the plaintiff claims that the portal caused him an injury to his honor and reputation because they consistently transmitted the official’s statement without any comment.

4. 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.

A lawsuit was filed against the portal and the responsible editor, who is obliged to pay the imposed fine.

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.

For many years, the plaintiff was a member of the Serbian Radical Party, whose leader Vojislav Šešelj filed numerous lawsuits against the media, and Nemanja Šarović explained them at media conferences.

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.

The plaintiff filed a lawsuit immediately after the news was published. The plaintiff states that he sent a denial to the statement of the President of the Assembly, which the portal denied and the court accepted.