Croatia: Journalist Davorka Blažević''s Unjust SLAPP Case Verdict

Location:  Crotia, Šibenik      
Date: November 25, 2022

Respected journalist Davorka Blažević loses SLAPP case against her brought on by Judge Senka Klarić Baranović. The Coalition For Women In Journalism condemns the ruling versus Davorka Blažević and urges Croatian authorities to retract the verdict. 

Davorka Blažević has been in a legal battle with Judge Senka Klarić Baranović more than once. Judge Baranović has sued the journalist on numerous occasions labeling Blažević as a "recidivist" referring to a dispute that the journalist lost to the judge many years ago, back in the late 90s. At the time, Judge Baranović sued Blažević for an article that she published on the privatization in the state interest of daily newspaper Slobodna Dalmacija under the chairmanship of the judge. The privatization resulted in one of the most notorious scandals in recent Croatian history.

The judge claimed that the journalist was "obsessed" with her despite the fact that Blažević has written about Baranović only twice in her entire 40-year-career. Judge Baranović did not sue for defamation, but for insulting honor and reputation, which is a lower level of crime. The judge sued Blažević both publicly and privately. 

Davorka Blažević is one of the most respected and experienced Croatian journalists, with a career spanning more than four decades. She started working in the late 70s in the local Sibenik media, and in 1985 moved to Slobodna Dalmacija, where she stayed for almost thirty years. The last seven years, together with several colleagues from Šibenik, she has edited and run the non-profit portal tris.com.hr, an independent and critical voice that has won national attention.

For several years the portal published the "Portrait of the Week" column. Since the annulment of the judgment of the County Court in the first trial for the "Fimi media case" by the Supreme Court, Blažević used it as an occasion to deal with all the judgments of the Supreme Court passed under the chairmanship of Judge Senka Klarić Baranović. 

Blažević lost the criminal case against her agreeing to pay the fine, which amounted to ten thousand kuna (€1300) with court costs. Thinking that this would be the end of the matter, the journalist didn't file a complaint or an appeal. Moreover, she apologized if her writing had offended the judge, but this did not mean that she would change her opinion, namely referring exclusively to the facts in the text. In the proceedings, the facts were not challenged. 

Judge Baranović then sued the journalist privately, seeking compensation of 150,000  kuna (approx. €20,000). The plaintiff demanded the absolute highest amount which is "science fiction and a huge amount of money that I don't have," said Blažević. The court found such a compensation claim to be absolutely inconsistent with the crime the journalist was accused of. 

In the initial proceedings Blažević was awarded a fine of 75,000 kuna; thus, a halved requirement. The journalist complained, but so did the prosecutor, who insisted on the amount of 150,000. However, the County Court in Šibenik annulled the verdict of the Municipal Court, and restarted the proceedings. The reason was firstly, because the plaintiff did not respect the regular legal process by not asking for a correction or an apology from the publisher before the lawsuit. Instead the plaintiff filed a lawsuit against the journalist personally, and not against the publisher. Secondly, the disparity of the compensation claim in relation to the act.

These lawsuits affect the entire media publishing outlet. They unfortunately lead to censorship, or the termination of entire columns and as a result affecting the public interest. The goal of lawsuits is always to silence the media and hinder information dissemination."Despite the pressure, the truth is worth fighting to the end," said Blažević.

In a statement for the portal Nacional, Blažević stated that it was inconceivable that the new verdict was completely contrary to the previous one in which she was acquitted given the fact that no new evidence was presented in court.

The journalist added that her case spoke a lot about the Croatian judiciary, but even more about the freedom of the media, which clearly defines the limited space of freedom in which it can operate. "This is proof that, contrary to the Prime Minister's messages that there are no untouchables, there really are! If tomorrow we write in fear of lawsuits, what will journalism be like? Can we come to terms with this and agree to such blackmail?" said Blažević.

The Coalition For Women In Journalism stands with Davorka Blažević and all women journalists who have been targets of SLAPP cases in order to silence them and diminish the power of freedom of expression.

The Coalition For Women In Journalism is a global organization of support for women journalists. The CFWIJ pioneered mentorship for mid-career women journalists across several countries around the world and is the first organization to focus on the status of free press for women journalists. We thoroughly document cases of any form of abuse against women in any part of the globe. Our system of individuals and organizations brings together the experience and mentorship necessary to help female career journalists navigate the industry. Our goal is to help develop a strong mechanism where women journalists can work safely and thrive.

If you have been harassed or abused in any way, and please report the incident by using the following form.