Company claims defamation after journalist’s investigation reveals it defied sanctions

Location: Ukraine, Lutsk
Date: August 25, 2023

**Updated on August 28, 2023

The Coalition For Women In Journalism believes this lawsuit is an attempt to intimidate and silence Mariana Metelska and investigative work of Volyn Online. Such actions aim to hinder crucial journalism, ultimately undermining press freedom and the right to information. We welcome the decision of the Horikhiv district court to dismiss this claim brought against Metelska by Technotorg.

“This is pressure on journalists in Ukraine so that they are afraid to conduct investigations in the future,” Mariana Metelska tells CFWIJ after being sued by Technotorg for her exposé published in Volyn Online.

Technotorg — an agriculture machinery company — is claiming defamation, demanding a payment of 750 thousand hryvnias (approximately $20,000) and a correction of the article.

The lawsuit stems from a report published by Metelska in July, in which she alleged that Technotorg was involved in the illicit trade of Russian and Belarusian spare parts, tractors, and other agricultural equipment near Lutsk. The trade was said to have taken place despite a national ban on commerce with these two countries due to their involvement in Russia’s full-scale invasion of Ukraine.

Metelska – the editor-in-chief of Volyn Online - has defended her reporting "this data was not fabricated, and there were no fictitious facts in the article," she wrote in a Facebook post. 

She emphasized that information about Technotorg was sourced from court documents and Youcontrol, a public Ukrainian database that contains information on legally registered companies.

Melska explains that prior to publication she approached the company for comment but was “rudely informed that there would be no comments,” Metelska tells CFWIJ. 

Volyn Online, a local news outlet with a very small team, has been operating since 2018 and according to Metalska is “not financed by any politician or business.”

A Strategic Lawsuit Against Public Participation (SLAPP) like this, could lead to financial ruin for the regional media outlet. Metalska says they do not have funds to battle this lawsuit and will rely on the support of readers and media organizations. Despite this, Metelska is defiant.

“It shows us that our work is important, and we are not going to stop,” she says. “We will defend our rights in court.”

On August 28, 2023, Horikhiv district court decided to reject the statement of claim because it failed to meet the requirements of Articles 175-177 of the Civil Procedure Code of Ukraine, which outline the rules for filing a claim. According to the ruling, Technotorg failed to submit the correct details, leading to its dismissal. The company was allowed 10 days to resubmit its claim properly.

SLAPP cases, which are brought to silence journalists and activists, have been increasingly prevalent in Europe. These lawsuits not only cause financial hardships for journalists and news outlets but also impose an emotional toil on the targeted journalists, who are often entangled in seemingly endless legal proceedings for years. As a result, newsrooms and journalists may start to self-censor or feel it is necessary to stop reporting on certain people or companies for fear of litigation.

In response, the European Commission has developed a directive known as "Daphne's Law" — named after murdered Maltese journalist Daphne Caruana Galizia who faced numerous lawsuits for her work — to combat abusive lawsuits targeting journalists and activists. This directive, currently in the approval process, aims to swiftly dismiss bogus cross-border lawsuits and protect journalists from financial hardships and emotional distress caused by protracted legal proceedings.

The Coalition For Women In Journalism stands in solidarity with Mariana Metelska and denounces Technotorg's abuse of law to silence investigative reporting. We celebrate the decision of Horikhiv district court to swiftly dismiss the case, a ruling that safeguards press freedom in Ukraine.

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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