Nenad Milanović v. BIRN
Prosecutor
Nenad Milanović
Official
2023 | Litigation procedure
The former head of the office of the mayor of Belgrade, Nenad Milanović, filed a lawsuit against BIRN and editor-in-chief Milorad Ivanović with the High Court in Belgrade and demanded that he be paid 200,000 dinars “in the name of mental pain suffered”. In the lawsuit, Milanović claims that his reputation and honor were harmed by the publication of the text under the title “Videos reveal that Šapić’s chief of staff offered to rig tenders to Kentkart”. The High Court in Belgrade issued a first-instance verdict on December 6, 2024, in which Milanović was found guilty of offering to rig the Kentkart tender. He was sentenced to eight months in prison with a probation period of three years for the criminal offense of bribery in the performance of economic activity. In his defense, Milanović admitted everything he said, which can be heard on the recording published on BIRN.
Basis of submission (according to which article of the law):
Article 200 of the Law on ObligationsDamages/penalty requested:
The prosecutor demands that he be paid 200,000 dinars.
Defendant
BIRN (media), Milorad Ivanovic (Editor)
Organization/Media
BIRN
Sector
Crime and corruption
Outcome - In progress
In progress.
Present characteristics
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 is the former chief of staff of Belgrade Mayor Aleksandar Šapić. The holder of public and political office is obliged to tolerate the expression of critical opinions, which relate to the results of his work, that is, the policy he implements, and is related to the performance of his office, in accordance with the Law on Public Information and Media.
2. The arguments presented by the prosecutor are partially or completely unfounded.
The lawsuit states that the text “abounds in absolute falsehoods”, but does not provide any further clarifications regarding what Milanović considers to be incorrect. The prosecutor did not explain what was untrue in the text.
3. The lawsuit or legal remedy, that is, the request or proposal submitted by the plaintiff is disproportionate, excessive or unreasonable.
Compensation in the amount of 200,000 dinars was requested, although it was not stated what was untrue in the text.
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.
The lawsuit was filed against both BIRN and the editor-in-chief.
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.
Aleksandar Šapić, former superior of the prosecutor, is the filer of several lawsuits against the media, and is known for his unprofessional attitude towards journalists of critical media.
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 prosecutor did not initiate out-of-court mechanisms to resolve the disputed matter, nor did he send a warning or warning to the defendant.
Additional materials
Nenad Milanović proglašen krivim zbog ponude da namesti tender Kentkartu
