Nikola Petrović v. BIRN

BIRN (media outlet), Milorad Ivanović (Editor-in-Chief), Jelena Veljković (journalist) (Media)

BIRN

The First Basic Court in Belgrade dismissed the private lawsuit filed by Nikola Petrović against editor Milorad Ivanović and journalist Jelena Veljković for alleged unauthorized data collection. Ten days after the lawsuit was filed, Judge Branka Jevđić signed the decision to dismiss the case. Citing specific articles of the Criminal Procedure Code and the Criminal Code, the judge concluded that the act of unauthorized data collection, as described in the lawsuit, does not constitute a criminal offense.

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 a person connected to public officials and individuals who are the subject of investigative journalism related to matters of public interest, indicating significant political and social influence that is used to exert pressure on the media.

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

The lawsuit concerns alleged unauthorized data collection, even though the journalists used exclusively publicly available information. Such grounds contradict the standards of investigative journalism and indicate the legal claim is unfounded.

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

The use of lawsuits in the context of investigative reporting on the assets of individuals close to political structures indicates an attempt to exploit the legal system to discourage journalistic investigation that serves the public interest.

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.

Individuals associated with Zvonko Veselinović and Milan Radoičić are known for multiple attempts to influence or intimidate investigative media through legal and political means, indicating a pattern of targeted lawsuits.

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.

BIRN was not informed that a lawsuit had been filed until the court decision was issued, which indicates a complete lack of any attempt at out-of-court resolution and a fundamental absence of procedural fair play.