Venelina Popova, a journalist for “Za Istinata,” has been forced to pay twice for the questions she asks. First, she was ordered to pay 1,000 BGN in court costs to the mayor’s office in Galabovo simply for requesting information under the Access to Public Information Act. And a second time—968 BGN in additional costs related to the enforcement proceedings she herself is pursuing.
The money covers VAT and “other amounts owed to date totaling 400 BGN, including stamp duty, attorney’s fees for the expert witness, for the bailiff, etc.,”
Here’s what’s happening—Venelina Popova sent a request under the Access to Public Information Act to Nikolay Tonev, the mayor of the Stara Zagora town of Galabovo, asking about the parameters of a 360-million-euro project to build an incinerator using RDF fuel (recycled waste).
Due to the significant public interest and the lack of clarity regarding the identity of the private investor in the project, Popova asked questions primarily concerning the investment proposal that served as the basis for the 2024 amendments to Galabovo’s Detailed Development Plan.
However, after receiving no response, she filed a lawsuit.
The Association of European Journalists – Bulgaria and the “Access to Information” Program have expressed concern over the imposition of unreasonably high fees by a private bailiff against Venelina Popova.
Enforcement proceedings were assigned to private enforcement agent Gergana Ilcheva, who increased the amount to BGN 1,986.75. She also imposed a freeze on the journalist’s bank accounts and scheduled an inventory of her property.
Popova paid the amount, and the Association of European Journalists – Bulgaria (AEJ-Bulgaria) reimbursed her in full.
AEJ-Bulgaria operates a legal assistance fund to which anyone can donate to support activists and civil society advocates facing so-called “SLAPP lawsuits”.
The good news is that, even without launching a dedicated fundraising campaign, AEJ-Bulgaria received 22 donations from members of the public totalling BGN 1,910 in support of Popova. As a result, donations covered almost the entire amount.
AEJ-Bulgaria and the Access to Information Programme (AIP) once again express their concern over the precedent set by courts awarding costs to state institutions and municipalities in access-to-information cases brought against journalists.
In its rulings, the European Court of Human Rights has described journalists as “public watchdogs” because their professional role involves seeking information, raising important questions and scrutinising public institutions. Requiring them to pay simply for asking questions in the public interest is incompatible with the principles of a democratic society. Such a practice would have a chilling effect on other journalists and media outlets as well. The chilling effect is further exacerbated by the unjustifiably high costs imposed in the enforcement proceedings.
AEJ-Bulgaria also makes the following points:
We reiterate our position that the ruling runs counter to both the spirit of Bulgaria’s Access to Public Information Act and the amendment introduced in 2023, which requires courts to take evidence of an abuse of rights into account when awarding costs.
In this case, such abuse is evident, particularly given that verbal attacks by the mayor of the municipality of Galabovo against Venelina Popova became public in November 2024.
We also believe that the court disregarded the guidance issued by a three-member panel of the Supreme Administrative Court in the same case. The panel stated that “the court must establish the relevant factual and legal circumstances surrounding the contested act and assess whether a refusal has been issued, as claimed by the appellant, or whether the decision correctly provided the available information”.
It is undisputed in the case that the requested information was not provided.
The public, however, has the right to know how taxpayers’ money is being invested in an incinerator project that could have a significant impact on air quality and human health—not only in Galabovo but across a wider area.
Seeking information is a fundamental part of a journalist’s vocation, while public authorities are obliged to provide it, except in cases expressly permitted by law.
Requiring a journalist to pay the costs incurred by a public authority in legal proceedings over access to information effectively bears the hallmarks of a strategic lawsuit against public participation (SLAPP), as it restricts public participation. The risk of being ordered to pay hundreds or even thousands of leva in legal costs simply for asking questions may deter journalists and public figures from raising issues of public interest. This creates what is known as a chilling effect, whereby the punishment of one journalist sends a warning to the entire profession.
In 2020, the European Court of Human Rights in Strasbourg ruled in a case against Bulgaria that imposing unjustified legal costs in proceedings concerning matters of public interest violated the European Convention on Human Rights (National Movement “Ecoglasnost” v. Bulgaria).
The Association of European Journalists – Bulgaria (AEJ-Bulgaria) and the Access to Information Programme (AIP) express their full support for Venelina Popova, a journalist with the Za Istinata website who is respected for her investigative reporting and many years of professional experience.
AEJ-Bulgaria’s legal assistance fund remains active and continues to support journalists targeted by SLAPPs. Donations can be made via this link.
