Judge Paneva's ruling worryingly questioned IRL's credentials and Cvetkovska as an investigative journalist

Location: North Macedonia, Skopje
Date: October 24, 2023

A North Macedonian court has ruled against Investigative Reporting Lab (IRL) and its Editor-in-chief, Saska Cvetkovska, in a defamation case filed by the country's former Deputy Prime Minister. The judge ordered the journalists to pay all legal costs, expected to amount to tens of thousands of euros. The Coalition For Women In Journalism contends that the legal action initiated against Cvetkovska is a Strategic Lawsuit Against Public Participation (SLAPP), a strategy frequently used to intimidate journalists and obstruct their work. We are outraged by this verdict and the lack of transparency in court proceedings.

 “This is a scandalous decision... As the judge herself said in the verdict’s explanation: the private law, the right of private businesses and private interests, were stronger than freedom of speech. That’s all there is to say about this scandalous verdict,” said Saska Cvetkovska, expressing her frustration following the court's judgment in Skopje on October 24, 2023.

The case centered on an Investigative Reporting Lab (IRL) investigation Conspiracy Against the Air, broadcast on May 16, 2021. The report exposed harmful fuel practices linked to former Deputy Prime Minister Kocho Angjushev’s companies and their contribution to air pollution. Angjushev accused IRL’s editor Cvetkovska of acting unprofessionally and unethically with the intent of damaging his reputation.

Judge Jovanka Spirovska Paneva found IRL guilty of tarnishing Angjushev's reputation and the reputation of his companies. In her ruling, she argued that the right to privacy superseded the right to free speech and even questioned IRL's status as a media outlet, describing Cvetkovska as merely "presenting herself as an investigative journalist."

Cvetkovska, an esteemed journalist, has, alongside IRL, published numerous investigative projects exposing corruption, illicit arms dealing, and espionage. 

After a ruling by the judge on October 13, the trial was conducted behind closed doors, prompting protests from the Association of Journalists of Macedonia (AJM). They challenged this decision, asserting a lack of transparency or legitimate legal basis for the closed proceedings. 

The judge also ordered Cvetkovska to pay a symbolic €1 in damages and shoulder the substantial legal costs for both parties.

The verdict has been widely criticized by press freedom advocates who argue that the judge failed to prioritize the public interest and the rights of citizens over the private interests of influential figures. The former Deputy Prime Minister who sued the journalist was named one of the five wealthiest people in North Macedonia by Forbes Magazine in 2014.

The court previously issued a favorable verdict for Cvetkovska, but the Court of Appeals overturned this decision. In this latest retrial, the ruling is final.

Cvetkovska declared that if domestic courts cannot obtain justice, their next step would be the European Court for Human Rights in Strasbourg. She stated that IRL would follow the path taken by investigative weekly Fokus. The Macedonian outlet secured a victory in Strasbourg in 2022 after initially losing a defamation case in domestic courts filed by a former secret police chief. Last year, the Strasbourg court ordered compensation for Fokus journalists and found that North Macedonia's judicial institutions had violated Article 10 of the European Convention, which safeguards freedom of expression.

The Coalition For Women In Journalism is astounded at the court's guilty verdict. SLAPPs enable powerful individuals to stifle free speech and investigative journalism through protracted and financially draining legal battles. The ruling against Saska Cvetkovska and IRL sends a chilling message to investigative journalists in North Macedonia, potentially leading to self-censorship to avoid legal action. We stand in solidarity with Cvetkovska and the IRL team, denounce this unjust verdict, and call upon the European Court for Human Rights to hear their case.

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.

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