Croatia: SLAPP lawsuits on the rise

In 2023, Croatia moved up 6 places compared to the previous year in the Reporters Without Borders Press Freedom Index to 42nd place. It is now well ahead of its neighbours Slovenia (50th), Bosnia and Herzegovina (64th), Hungary (72nd) and Serbia (91st). Nonetheless, Croatian journalists face various forms of pressure from political quarters.

The microphones of Croatian TV stations in Zagreb. (© picture alliance / NurPhoto / Jakub Porzycki)

Since the conservative government first took office in 2016, Reporters Without Borders has repeatedly complained about interest groups with close ties to the government trying to directly influence the editorial content and internal organisation of state broadcaster Hrvatska radiotelevizija (HRT). But rather than standing by its own employees, HRT has instead sued several journalists who drew attention to irregularities at the broadcaster.

In Croatia, state control of the press dates back to the 1990s, when most of the major print media as well as HRT were subject to the influence, manipulation and control of state institutions, particularly during the war and after the privatisation of the media. Crimes committed by Croatian armed forces during the Croatian War (1991-1995) are still a taboo subject today.

Threats and attacks, both online and offline, are also used to suppress critical reporting. Journalists who report on topics such as corruption, war crimes or organised crime are particularly vulnerable.

Multiple legal instruments against unwelcome reporting
Legal proceedings are also being used to intimidate journalists: Croatia’s defamation law, which foresees prison sentences of up to three years for insulting the Republic, its symbols, or the national anthem or flag, remains in force. And although the offence of "exposure" was abolished in 2019, civil lawsuits against journalists for insults and defamation are becoming increasingly frequent and can incur huge compensation payments. These tactics create a climate of fear and self-censorship in editorial offices.

According to a study by the Croatian Journalists' Association (HND), at least 945 SLAPP lawsuits (Strategic Lawsuits against Public Participation) – unfounded, abusive lawsuits aimed at intimidation – were pending against journalists in May 2023, and around 5.4 million euros in damages were awarded as a result of these proceedings. The Ministry of Justice and Public Administration has reported that 245 new lawsuits for damages were brought against journalists in 2022. These strategic lawsuits are generally used against journalists and human rights activists to prevent public criticism of the practices of politicians, companies or private individuals.

Hanza Media is the publisher which is most frequently targeted by lawsuits: no less than 421 civil lawsuits and 11 criminal proceedings have been brought against the company, which publishes Jutarnji list, Globus and Slobodna Dalmacija. Styria comes second with 190 civil lawsuits and 6 criminal proceedings against its titles Večernji list and 24 Sata. One of the lawsuits against Večernji list has been ongoing for 33 years. At the end of 2022 the total number of active criminal proceedings involving charges against journalists in Croatian courts was 101.

In view of these figures, it comes as no surprise that the Coalition Against SLAPPs in Europe's "Bully Lawyer of the Year" title for 2022 went to Croatia: to judge Zvonko Vrban from Osijek, who filed several lawsuits for more than 100,000 euros in damages against the investigative website Telegram and its employees.

One positive development in this respect at the beginning of 2020 was the addition of the offence of "coercion of a person carrying out his or her work in the public interest or public service" to the Penal Code. The Minister of the Interior said that the legislation was also introduced to protect journalists. The law provides for prison sentences of up to five years for such offences.

However, a government draft for a new media law gives cause for concern: it stipulates that journalists must disclose their sources to the editor in charge of their publication. Furthermore, all journalists are to be listed in a special register; publishers are to be allowed to reject articles without explanation; "diminishing public confidence in the role of the courts in a democratic society" in the media is to be forbidden, and a "council of media experts" is to be founded whose members decide how subsidies are allocated to media outlets, among other things. The Croatian Journalists' Association was appalled, and immediately rejected the draft law. The responsible ministry has promised improvements.

Foreign media dominate the market
The Croatian media industry is dominated by foreign media groups that bought their way into the market during the phase of stabilisation and democratisation in the early 2000s. The daily papers with the largest circulations are now published by Hanza Media, formerly Europapress Holding EPH (Jutarnji List, Slobodna Dalmacija, Globus), and by the Austrian Styria Media Group AG (24 Sata, Večernji List). Through its subsidiary RTL Hrvatska, the German Bertelsmann Group owns three TV broadcasters, and Nova TV and Doma TV belong to the US company United Group. In a country as small as Croatia, this concentration of ownership in the hands of a few has brought the media and the state apparatus, as well as the media and the main parties HDZ and SDP, dangerously close together, and now constitutes a real threat to press freedom.

The online media segment is likewise dominated by the big media companies, who are trying to compensate for their losses in the print business. The private television broadcasters offer general information for free on their websites, but are increasingly introducing paywalls for online access to their television programmes.

In 2016 the government suspended its support for independent, alternative media, a move which has driven these outlets to the brink of ruin. But despite their struggling finances, websites like Forum.tm and Autograf.hr are managing to survive with the help of donations and EU funds. Moreover, thanks to advertising and marketing, larger platforms like Index.hr und Telegram have secured a measure of independence that allows them to do investigative journalism and has led to the exposure of numerous scandals and the resignations of several ministers.

World Press Freedom Index (Reporters Without Borders):
Rank 42 (2023)

Last updated: November 2023

Croatia: SLAPP lawsuits on the rise

Media from Croatia at euro|topics

24 Sata (Daily newspaper)

Autograf.hr (Blog portal)

Express (Weekly newspaper)

Forum.tm (Blog portal)

Globus (Magazine)

Jutarnji list (Daily newspaper)

Novi list (Daily newspaper)

Novosti (Weekly newspaper)

Slobodna Dalmacija (Daily newspaper)

Tportal (Website)

Večernji list (Daily newspaper)

Index.hr (Website)

Telegram.hr (Website)