The National Anti-SLAPP Working Group expresses serious concern regarding the criminal lawsuit that the “Starting” company, one of the main subcontractors of the railway station building in Novi Sad, from which the canopy fell and killed 16 people, filed against KRIK journalist Sofija Bogosavljev.
KRIK, in the research text, which led to the lawsuit, revealed that a number of misdemeanor proceedings against the “Starting” company were previously conducted due to injuries to workers at unsecured construction sites, but that these proceedings were generally time-barred due to the slowness of the courts.
The company sued the journalist for the criminal offense of harming business reputation and creditworthiness (Article 239 of the Criminal Code), which provides for a fine or prison sentence of up to one year, or up to three years if serious consequences occur. This offense is prosecuted by private prosecution, and is most often used by companies and powerful individuals in an attempt to intimidate or discredit those who deal with issues of public importance. In addition to the journalist, “Starting” sued six other people, including a professor, a lawyer, engineers, an architect and an opposition politician, who publicly criticized the company’s work.
The case of the company “Starting” is another example of a lawsuit with the characteristics of SLAPP (Strategic Lawsuits Against Public Participation) – a legal instrument used to intimidate, obstruct and financially exhaust journalists. Such lawsuits do not serve to protect rights, but to stifle freedom of expression and discourage investigative journalism.
Currently, there are as many as 17 proceedings against the KRIK editorial office and its journalists, initiated by high-ranking officials or companies and individuals close to the government. And all because they published research texts in the interest of the public.
The tendency for journalists to be sued on the basis of criminal provisions – and that because of the alleged “damage to the reputation” of companies that do business with the state represents a particularly dangerous trend. It is a matter of legal abuse, the aim of which is to criminalize investigative journalists, to try them as perpetrators of criminal acts, and thus silence them and discourage them from further work.
SLAPP lawsuits, regardless of whether they are civil or criminal, are a clear threat to free expression and the democratic order. Their goal is not to protect the law, but to abuse the court system as a means of pressuring the media.
Since the company “Starting” is engaged in projects financed by the citizens of Serbia, it is important that the public knows whether the company respects the laws, but also how the institutions treat those who violate them.
Lawsuits with SLAPP features are already recognized as a serious threat to democracy – the Council of Europe and the European Parliament have called on member states to introduce mechanisms to prevent them. In Serbia, unfortunately, this term is still not officially accepted, but the practice of multiple and identical lawsuits clearly shows that it is an abuse of the judiciary in order to silence all critical voices.
The National Anti-SLAPP Task Force demands that the state urgently recognize the problem of SLAPP lawsuits and, in accordance with the recommendations of the Council of Europe and the European Union, introduce the necessary measures to prevent them.
Media freedom and the public’s right to know must be protected, and journalists must not be punished for their professional work in the interest of citizens.
In Belgrade,
17.07.2025.
The National Anti-SLAPP Task Force, consisting of:
Građanske inicijative
Partneri Srbija
Independent Association of Journalists of Serbia
Slavko Ćuruvija Foundation
KRIK
Independent Association of Journalists of Vojvodina
Committee of Lawyers for Human Rights – YUCOM
KROKODIL Association
Belgrade Center for Human Rights
BIRN Serbia