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Croatia: Temporary reporting injunction on the Association of Independent…

Croatia: Temporary reporting injunction on the Association of Independent Media Culture must be lifted

The Municipal Civil Court of Zagreb, Croatia, imposed a temporary reporting injunction on the publisher of the news website H-alter following a series of articles about the Child and Youth Protection Centre’s work irregularities. The European Federation of Journalists (EFJ) joined its affiliates, the Croatia Journalists’ Association (CJA) and the Trade Union of Croatian Journalists (TUCJ), in denouncing a direct form of censorship.

On 21 September 2021, the Croatian judiciary ordered to stop the articles’ publication and to bar H-alter from further investigation into the actions of the Health Polyclinic for the Protection of Children and Youth of the City of Zagreb, the only social welfare authority in Croatia which provides assistance to abused and neglected children, as well as its director Gordana Buljan Flander. The Court made its ruling without hearing from the journalist Jelena Jindra, her editor, or the publisher. Two days later, Flander announced her resignation live on television.

This interim measure of prohibition was issued on the basis of the Enforcement Act, which is usually used against privacy-violating content in the media sector. This is the first temporary measure that forbids all potential future contributions about a person and an institution.

The measure was taken following the publication of a five-part reporting series entitled “System for the Protection or Abuse of Children?” published on H-Alter in July 2021 by Jelena Jindra. Jindra critically reported on the clinic and in particular its director Gordana Buljan Flander and her associates. She interviewed numerous mothers who discussed their experiences with what they claimed was the abuse of “parental alienation” concept by partners after divorce or separation, and the role the clinic played in the system. The journalist repeatedly made requests for comment that remained unanswered.

A joint press release from the CJA and the TUCJ expressed great concerns about what they consider to be a dangerous and unprecedented attempt of silencing the media. They called on media outlets to publish Jindra’s articles in solidarity: “After years of witnessing SLAPP lawsuits against journalists, this time the judiciary went a step further and directly decided to silence the media. It should be noted that the director of the Polyclinic Mr. Buljan Flander and her associates, according to the testimony of colleagues, have repeatedly missed the opportunity to present to the public their view of the controversial doctrine of alienation which some experts testify often abuses against women victims of violence.”

Ricardo Gutiérrez, EFJ General Secretary, reacted: “This direct form of censorship of critical journalism is deeply disturbing and must be lifted immediately. The lack of transparency behind this decision – whether temporary or not – is unacceptable and sets a dangerous precedent.”

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MFRR partners concerned about wave of abusive legal actions…

MFRR partners concerned about wave of abusive legal actions against Croatian outlet

The undersigned partners in the Media Freedom Rapid Response (MFRR) are highly concerned about the wave of abusive legal actions against Croatian online news outlet Index.hr. Its publisher Index Promocija d.o.o. is currently facing 56 defamation lawsuits and nine further defamation suits target its journalists. Three of the cases additionally include claims based on the EU General Data Protection Regulation (GDPR) and anti-discrimination and copyright law. The oldest active case dates back to 2013, and the most recent was filed this year.

We consider that several lawsuits filed against index.hr have many of the hallmarks of abusive litigation which are used by powerful individuals and companies as a means of silencing critical expression. They share several characteristics. For one, the plaintiffs are mostly public figures such as politicians and business owners, including former Member of Parliament Branimir Glavaš, former government ministers Tomislav Tolušić and Mijo Crnoja and the current President of the Chamber of Commerce Luka Burilović, among others. Glavaš, for instance, filed defamation lawsuits after Index.hr referred to him in an article as a “war criminal”. He served as a general in the war between Croatia and Serbia and was convicted for the 1991 killings of Serbian civilians in Osijek, spending five years in prison; he was released after the Constitutional Court sent the case back for retrial, which is now pending. In another example, Crnoja, the former Minister of Veterans, sued for defamation in relation to a story concerning controversial loans of several million euros.

Another shared characteristic is that the plaintiffs usually request the removal of the articles and damages ranging between 10,000 and 100,000 HRK (approximately 1,330 to 13,300 euros). The cases, taken together, constitute a significant burden on resources of Index.hr and many appear to be instituted with a view to silencing its critical reporting and, beyond the outlet, creating a “chilling effect” on press freedom in general. Several lawsuits against index.hr are part of a worrying trend across Europe, in which powerful actors use abusive lawsuits to bully and intimidate journalists to avoid scrutiny and escape accountability.

Under the well-established case law of the European Court of Human Rights, public figures must be tolerant of higher levels of public scrutiny and criticism than private persons. With this in mind, we call on those plaintiffs who have launched abusive claims aimed only at silencing the outlet rather than achieving justice, to drop their lawsuits immediately.

In the meantime, we stand in solidarity with the outlet and will continue to monitor developments closely.

Signed by:

  • ARTICLE 19
  • European Centre for Press and Media Freedom (ECPMF)
  • European Federation of Journalists (EFJ)
  • Free Press Unlimited (FPU)
  • International Press Institute (IPI)
  • OBC Transeuropa (OBCT)