The National Anti-SLAPP Working Group: Judgment against the Slavko Ćuruvija Foundation is a dangerous pressure on freedom of expression

Ilustration: Canva

The National Anti-SLAPP Working Group expresses serious concern over the judgment of the Second Basic Court in Belgrade ordering the Slavko Ćuruvija Foundation to pay a total of 1,035,000 dinars to Milan Radonjić, Ratko Romić and Miroslav Kurak, after the former members of the State Security Service sued the Foundation over a statement in which it expressed dissatisfaction with the final acquittal delivered by the Court of Appeals in the case concerning the murder of journalist Slavko Ćuruvija.

 

Radonjić, Romić and Kurak, who were initially convicted and later finally acquitted in the proceedings related to the murder of Slavko Ćuruvija, initiated proceedings against the Foundation because of its public reaction to the court’s decision. According to the judgment, the Foundation is required to pay each of the plaintiffs 200,000 dinars in compensation for non-pecuniary damage “for mental anguish caused by the violation of honour and reputation”, as well as 320,000 dinars for the costs of civil proceedings, 90,000 dinars for court fees, and an additional 25,000 dinars to Kurak for the costs of civil proceedings.

 

The National Anti-SLAPP Working Group considers this case to be a textbook example of a SLAPP lawsuit – a strategic lawsuit against public participation, whose aim is not the protection of rights, but intimidation, financial exhaustion and deterrence of organisations, journalists, activists and other actors from speaking publicly about issues of undeniable public interest.

 

The murder of Slavko Ćuruvija remains one of the most important unresolved issues for media freedom, the rule of law and democratic society in Serbia. Public debate about the court proceedings concerning the murder of a journalist, the conduct of institutions and the responsibility of the state must not be treated as an unlawful attack on honour and reputation, but as legitimate participation in a debate of the highest public importance.

 

It is particularly important to point out that, in the meantime, the Supreme Court established that the acquittal delivered by the Court of Appeals in the case of the murder of Slavko Ćuruvija contained substantial violations of the provisions of criminal procedure in favour of the defendants, the former members of the State Security Service who sued the Foundation over its reaction to the acquittal. However, due to legal limitations, the trial cannot be repeated. This further confirms that the public criticism of the acquittal was based on an issue of unquestionable importance to the public.

 

We recall that the trial for the murder of Slavko Ćuruvija began in 2015, and that the first-instance court twice delivered a judgment sentencing the four defendants to a total of 100 years in prison. In its final decision, the Court of Appeals acquitted them, leaving this case, despite years of court proceedings, without justice for the murdered journalist and his family.

 

European standards clearly recognise SLAPP proceedings as a serious threat to freedom of expression, media freedoms and citizens’ right to be informed. The European Union Anti-SLAPP Directive provides procedural safeguards for individuals and organisations speaking on matters of public interest, including the possibility of early dismissal of unfounded claims, compensation for costs and other measures against abuse of proceedings.

 

The Council of Europe has also adopted recommendations for member states to develop effective mechanisms to prevent and sanction SLAPP proceedings, with special protection for journalists, media, civil society organisations and other public “watchdogs of democracy”.

 

The National Anti-SLAPP Working Group warns that judgments such as this directly narrow the space for public debate and encourage the further use of the judiciary as an instrument of pressure.

 

The National Anti-SLAPP Working Group calls on courts, in proceedings concerning public debate, to consistently apply the standards of the European Court of Human Rights on freedom of expression. We emphasise the importance of courts consistently applying, in such proceedings, the standards of freedom of expression and recognising legitimate public criticism. We also point out that the domestic legal framework already contains procedural mechanisms to prevent the abuse of the right to judicial protection and the conduct of proceedings that may have a chilling effect on freedom of expression, and that their consistent application is of particular importance.

 

The public has the right to know how institutions acted in the case of the murder of Slavko Ćuruvija. Any punishment of such speech represents a dangerous precedent and a direct attack on freedom of expression, media freedoms and democratic oversight of institutions.

 

The National Anti-SLAPP Working Group
Belgrade, May 15, 2026

Tags

highlighted news

Related posts