A conference dedicated to the fight against Strategic Lawsuits Against Public Participation (SLAPP) was held yesterday in Belgrade, organized by Partners for Democratic Change Serbia (Partners Serbia), BIRN Serbia, and the CHRIS Network of Human Rights Committees. The event brought together more than 80 participants, including lawyers, journalists, activists, representatives of civil society, and international organizations.

Journalists, activists, legal professionals, and others committed to the public interest gathered with a shared purpose: to confront the growing threat to freedom of expression and democratic accountability. At a time when citizens of Serbia, led by students, have been demanding justice and transparency in the streets for months—often facing threats and pressure at work, universities, and schools—dozens of journalists, activists, and academics are encountering another form of pressure through institutional mechanisms: SLAPP lawsuits.

SLAPPs are not ordinary legal claims. They are carefully crafted, often well-funded intimidation tactics designed to silence criticism, bury the truth, and punish those who dare to speak out. These lawsuits misuse the legal system—not in pursuit of justice, but to stifle it.

The conference opened with a screening of an excerpt from BIRN’s documentary “Slapping in the Name of the People,” which highlights the personal stories of SLAPP victims in Serbia.

Following the film, the conference was opened by Karolina Hidea, Acting Head of the OSCE Mission to Serbia, and Plamena Halačeva, Deputy Head of the EU Delegation to Serbia.

Karolina Hidea emphasized that SLAPP lawsuits pose a serious threat to media freedom, undermining both media independence and civic participation. She pointed out that media outlets in Serbia are facing dozens of such lawsuits, ranging from civil to criminal cases, aiming to silence investigative journalism. In response, the OSCE issued Recommendations for Addressing the Harassment of Journalists back in 2021, applicable to all member states, including Serbia, and calling for legal reforms in this area.

Plamena Halačeva highlighted that Serbia is among the countries with the highest number of SLAPP lawsuits in Europe, which raises significant concerns. She noted that the EU adopted the Anti-SLAPP Directive last year, which, among other things, allows courts to dismiss SLAPP lawsuits at an early stage. As an EU candidate country, Serbia is expected to align with this directive.

Ana Toskić Cvetinović explained that civil society and media associations have taken numerous steps in recent years to counter SLAPP lawsuits, including case mapping and offering support to those targeted. She stressed that SLAPPs are just one of many pressures facing media and civil society, who are also subjected to surveillance, intimidation, and physical threats. This broader context should be taken into account when discussing SLAPPs, as they represent only one form of institutional pressure on those working in the public interest.

The first panel, moderated by journalist Jelena Zorić, featured testimonies from journalists and activists who have been targeted by SLAPP lawsuits.

Activist Ivan Bjelić shared that despite numerous lawsuits, detentions, and interrogations, he still believes that activists should fight back by suing those who defame them and that legal battles should not be abandoned.

Aladin Paučinac, an activist from Novi Pazar, recounted how he initially thought the lawsuits filed by the local hospital director were informal threats rather than real legal actions. Four years later, he still doesn’t understand why he was sued, believing the lawsuits were meant to intimidate both him and the public.

Bojan Elek from KRIK—the newsroom with the highest number of SLAPP cases in Serbia—spoke about the danger SLAPPs pose to journalists, who can no longer predict court outcomes and may begin writing for the courtroom instead of the public.

Dragana Žarković Obradović, a journalist with BIRN, stated that SLAPPs create legal uncertainty, making it impossible for journalists to freely do their jobs. The aim of these lawsuits, she said, is to restrict the possibilities of investigative reporting.

The second panel discussed comparative practices in defending against SLAPPs across Europe and the region.

Dragan Sekulovski, Executive Director of the Association of Journalists of Macedonia, stated that SLAPP lawsuits are used not to bring justice, but to create injustice.

Dragoljub Popović, retired judge of the European Court of Human Rights, explained that Articles 10 and 6 of the European Convention on Human Rights protect freedom of expression and are applicable to SLAPP cases. However, there is still no settled case law on SLAPPs due to the limited number of cases.

Charlie Holt, European representative of the Global Climate Legal Defense, emphasized the importance of campaigns that can shift public narratives around SLAPPs. He cited the CASE coalition (Coalition Against SLAPPs in Europe) as an example of international cooperation. Holt noted that the fight against SLAPPs must extend beyond courtrooms and include coalition-building and awareness-raising campaigns.

The third panel focused on Serbia’s legal framework, prospects, and challenges in defending against SLAPP lawsuits.

Judge Dragana Mitrić Savić from the Basic Court in Novi Sad discussed the challenges judges face when defendants claim a case is a SLAPP. She noted that sometimes the public interest is obvious, but in other cases it becomes clear only after the evidence is presented.

Attorney Mihailo Pavlović argued that a separate SLAPP law is not necessary because clear indicators already exist for identifying such cases. He stressed that judges can base their decisions on these indicators, as recommended by the Council of Europe.

Dr Jelena Vučković, Professor of Constitutional Law at the Faculty of Law in Kragujevac and member of the High Judicial Council, emphasized that journalists are guardians of democratic institutions and serve as a motivation for judges to continue their work. She noted that the issue of SLAPP lawsuits will remain relevant and that the High Judicial Council should be a driving force in initiating discussions on this topic.

Rade Đurić, legal expert with the Independent Journalists’ Association of Serbia, stated that SLAPP verdicts have serious consequences for journalists, resulting in censorship, self-censorship, and psychological pressure. He added that public awareness and support for journalists are crucial.

The conference once again confirmed that SLAPP lawsuits pose a serious threat to freedom of expression, the right to information, and democratic dialogue in Serbia. Stronger implementation of existing legal mechanisms is needed, as well as ongoing dialogue between journalists, the judiciary, civil society, and international partners.

This conference is not the conclusion, but a step forward in building a broader alliance to protect citizens’ right to speak, write, and act in the public interest—free from the fear of retaliation through abuse of the judicial system.

The conference is part of the project “ Serbian Anti-SLAPP Initiative – Strengthening the Civil Society and Media Resiliency” implemented with the support of the Delegation of the European Union to Serbia, the OSCE Mission to Serbia, and the Ministry of Human and Minority Rights and Social Dialogue.