Back Courts’ role in protecting journalists from abusive lawsuits under spotlight in Serbia

Srebrno jezero, Serbia 3 October 2025
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Courts’ role in protecting journalists from abusive lawsuits under spotlight in Serbia

Judges, lawyers and academics gathered at the annual “Forum of Judges” conference to discuss how courts can strengthen protection against abusive lawsuits targeting journalists and public watchdogs. The discussion focused on the implementation of the Council of Europe Recommendation CM/Rec(2024)2 on countering Strategic Lawsuits Against Public Participation (SLAPPs).

The panel “SLAPP lawsuits and the Rule of Law: The Role of Courts in Implementing CM/Rec(2024)2” co-organised with Forum of judges, examined how such lawsuits are increasingly being used to intimidate journalists and civil society actors, undermining public debate and democratic participation. Participants stressed that SLAPPs not only threaten freedom of expression but also burden courts with ill-founded cases.

Speakers included a Judge of the High Court in Belgrade, Professor at the Faculty of Law, investigative journalist, and a representative of the Independent Journalists’ Association of Serbia (NUNS). Discussions underlined the importance of early recognition of abusive litigation, judicial safeguards, and the alignment of domestic practice with European standards.

As part of the programme, participants received print copies of the Council of Europe publication on Countering the use of SLAPPs-recommendation with the explanatory memorandum, translated into Serbian and delivered to 41 judge from various courts across the country.

The Panel was co-organised with Forum of judges through the action “Protecting freedom of expression and of the media in Serbia (PROFREX)”, implemented by the Division for Cooperation on Freedom of Expression under the joint European Union and the Council of Europe programme “Horizontal Facility for the Western Balkans and Türkiye”.

Horizontal Facility III

The joint European Union and Council of Europe programme “Horizontal Facility for the Western Balkans and Türkiye” (Horizontal Facility III) is a co-operation initiative, running from 2023 until 2026. The programme covers actions in Albania, Bosnia and Herzegovina, Kosovo*, Montenegro, North Macedonia, Serbia and Türkiye. It enables the Beneficiaries to meet their reform agendas in the fields of human rights, rule of law and democracy and to comply with European
standards, which is also a priority for the EU enlargement process. 

The envelope of this facility amounts to ca. 41 million EUR (85% funded by the EU, 15% by the CoE).

*This designation is without prejudice to positions on status, and is in line with UNSCR 1244 and the ICJ Opinion on the Kosovo Declaration of Independence.