The Croatian Journalists’ Association (Hrvatsko Novinarsko Društvo – HND – https://hnd.hr/) is intensifying its demands for the government to decriminalize defamation offenses against honor and reputation.
During a recent press conference, Hrvoje Zovko, President of HND, emphasized the organization’s long-standing call for the removal of these offenses from Croatia’s Criminal Code. He argued that doing so would significantly reduce the pressure of lawsuits, particularly Strategic Lawsuits Against Public Participation (SLAPP) suits, which are frequently used to intimidate journalists and the media.
Zovko highlighted that while HND welcomes the formation of expert groups focused on addressing SLAPP lawsuits, the association’s primary demand remains unchanged, the decriminalization of defamation-related offenses. According to Zovko, little progress has been made in this area, and he called on the Ministry of Culture and Media, along with the Ministry of Justice, to prioritize the decriminalization of these offenses if they genuinely care about reducing judicial persecution of journalists. Croatia, Zovko noted, ranks among the worst in Europe when it comes to the number of lawsuits against journalists, with judges themselves frequently acting as plaintiffs.
He also pointed out that journalists in Croatia face double legal jeopardy for published work, as they are often sued in both civil and criminal courts. Despite the fact that the Media Act, which has been in force for two decades, stipulates that publishers are responsible for what is published, private plaintiffs frequently target individual journalists with lawsuits.
HND, in collaboration with the Center for Democracy and Law “MikoTripalo,” (Centar za demokraciju I pravo MikoTripalo – https://tripalo.hr/) conducted an analysis of 1,333 lawsuits filed between 2016 and 2023. The findings are concerning: over 40% of these cases exhibit at least one SLAPP indicator, demonstrating that the number of SLAPP suits is alarmingly high. This directly contradicts claims by the Ministry of Culture and Media, as well as the Ministry of Justice, that SLAPP lawsuits are infrequent in Croatia.
The South East Europe Media Organisation (SEEMO) stands in full support of the Croatian Journalists’ Association (HND) in their call for the decriminalization of defamation offenses and the fight against SLAPP lawsuits in Croatia. SEEMO believes that decriminalizing defamation is a crucial step towards safeguarding press freedom and ensuring that journalists can perform their duties without fear of judicial harassment. SLAPP lawsuits are a dangerous tool used to intimidate and financially burden journalists, threatening the very foundation of free expression. SEEMO urges the Croatian government to align with international standards, prioritize media freedom, and implement necessary reforms to protect journalists from legal abuses.
SEEMO is alarmed that defamation remains a criminal offence in Croatia. SEEMO urges urges Croatian Parliament to decriminalize insult and defamation in Article 147 and 149 of the Criminal Code (https://mpudt.gov.hr/pristup-informacijama-6341/zakoni-i-ostali-propisi/zakoni-i-propisi-6354/kazneno-pravo/kazneni-zakon/6602?impaired=1). The Criminal Code of Croatia penalises insult and defamation – .presenting or disseminating untrue facts about a person before a third party that may harm that person’s honor or reputation.
SEEMO presented the need for decriminalization in the past years in meetings to several state officials, including ministers and it was always promised by state officials that the problem will be solved, but nothing happened.
South East Europe Media Organisation (SEEMO) is a regional non-governmental, non profit network of editors, media executives and leading journalists in Southeast, South, East and Central Europe. SEEMO members are in Albania, Armenia, Azerbaijan, Belarus, Bosnia-Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Estonia, Georgia, Greece, Hungary, Kazakhstan, Kosovo, Kyrgyzstan, Latvia, Lithuania, Malta, Moldova (with the territory of Transdnestria), Montenegro, North Macedonia, Poland, Romania, Russia, Serbia, Slovakia, Slovenia, Tajikistan, Turkmenistan, Türkiye / Turkey, Ukraine and Uzbekistan. Austria, Italy, Vatican and San Marino have a special status in SEEMO. SEEMO has over 3000 individual members, and additional media as corporate members.
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