Court ruling forcing Slovak newspaper to publicly apologize may have chilling effect on media freedom, warns OSCE representative

VIENNA, 24 June 2014 –OSCE Representative on Freedom of the Media Dunja Mijatović today expressed concern about a first ruling in a series of lawsuits in which members of the Slovak judiciary sued a daily newspaper for defamation, and demanded public apologies and high compensation.

“This ruling may have a chilling effect on media freedom as it restricts reporting on matters of public interest. International standards call for public officials to endure a higher threshold of criticism by the public, including members of the media,” Mijatović said.

In June 2011 the daily newspaper Nový Čas published material in which the plaintiffs were allegedly mimicking events of a mass murder that took place in Bratislava in 2010. The plaintiffs, among them several current and former members of the judiciary, said the photos were falsified and sought substantial financial compensation from Nový Čas. At the time of the publication the plaintiffs did not demand a correction to be published or an apology from the newspaper.

In its ruling on 16 June the Bratislava II District Court ordered the daily to publish an apology to one of the plaintiffs. According to the ruling, the article published in 2011 interfered with one individual’s right to protection of personal integrity and it contained inappropriate criticism.

“Fines which can lead to a media outlet’s bankruptcy or may induce self-censorship for journalists and publishers are disproportionate and unacceptable. This ruling could contribute to diminishing media pluralism in Slovakia,” Mijatović said.

The district court has yet to decide on the financial damages the plaintiff should receive from the publisher, once the regional court upholds the verdict.

An earlier statement of the Representative on this issue is available at www.osce.org/fom/101240.

The OSCE Representative on Freedom of the Media observes media developments in all 57 OSCE participating States. She provides early warning on violations of freedom of expression and media freedom and promotes full compliance with OSCE media freedom commitments. Learn more at www.osce.org/fom, Twitter: @OSCE_RFoM and on facebook.com/osce.rfom.