Freedom in Bulgaria is under threat, and this is not news.
Various forms of pressure are being used against journalists and civic activists, with the goal of intimidating them and silencing their critical voices. The most common form of intimidation are SLAPP lawsuits, also known as “strategic lawsuits against public participation.”
Sixty-four SLAPP-type lawsuits have been filed in the country from January 2000 to March 2023, according to the analysis “The Cost of Free Speech” by the Anti-Corruption Fund (AKF), which was presented on April 25 this year.
The analysis is the first of its kind in Bulgaria, authored by lawyers Laura Georgieva and Sofia Zheleva from the team of the Anti-Corruption Fund (AKF). They examine SLAPP-type lawsuits over the past 22 years, categorizing them into civil cases, criminal cases, criminal proceedings of general nature, administrative offenses, and administrative cases. Right from the beginning, they clarify that the analysis does not claim to be exhaustive of all cases bearing elements of SLAPP during the reviewed period, as many lawsuits occurred in the past and lack sufficient public visibility and monitoring by an independent journalistic association.
In a separate section of the analysis, other forms of pressure on journalists and civic activists are presented, such as police violence against journalist Dimitar Kenarov, threats against the author of “The Eight Dwarfs,” Nikolay Staikov, and the increasing instances of journalists being expellec from press conferences organized by the “Revival” party or not being admitted to public events (such as one at a conference of the then-ruling GERB party in 2020).
The in-depth study of the practices surrounding this type of lawsuit is based on over sixty case studies that provide a snapshot of the state of strategic lawsuits in Bulgaria. The analysis covers the types of lawsuits (criminal, civil, or others), the tactics employed by plaintiffs to silence critical journalistic voices, and the court’s rulings.
The authors seek to answer the question of whether SLAPP lawsuits achieve their strategic goals and how civil society and independent media counteract these intimidation lawsuits (five of the “heroes” in the cases that served for the analysis are authors of “Za Istinata”).
Access to Justice or Harassment and Imposition of Censorship
SLAPP lawsuits are clearly unfounded or greatly exaggerated legal proceedings that only formally possess a legitimate goal—exercising the right to access justice and protecting violated rights—but essentially aim to achieve an illegitimate goal—censorship, intimidation, and financial and psychological pressure, ultimately resulting in the silencing of specific critical voices and a chilling effect on other dissenting opinions.
The initiators of such lawsuits are most often politicians, businessmen, influential figures, corporations, and state authorities.
The targets of these suits include journalists, civic activists, human rights defenders, members of academia, independent media, and non-governmental organizations that expose politicians, businessmen, public officials, and other public figures for various abuses through their publications and investigative journalism, or critique and negatively assess their activities.
The intended effect is psychological harassment, burdening the targets with costs (often exorbitant); reputational risk (part of the audience may withdraw); consequences from the application of criminal repression and the repercussions of a criminal conviction (in cases where criminal lawsuits are filed).
By abusing the procedural opportunities provided by law, strategic lawsuits achieve their initiators’ goals regardless of the outcome, according to the authors of the analysis.
The that this type of lawsuit typically passes through all judicial instances, leading to their long duration—most of such cases last nearly three years. During this time, journalists and activists targeted by SLAPP lawsuits are forced to continue their work with the awareness that they could be subject to biased accusations again.
Of the 64 cases included in the statistics, 20 lasted 2 years, 19 lasted 3 years, and 6 lasted 5 years or more. In total, Bulgarian journalists, media, and civic activists have spent 181 years in courtrooms over these lawsuits.
Most civil and criminal cases from the period 2000 to March 2023 have been resolved in favor of journalists—87.5% of civil cases and 86% of criminal cases.
“These figures are not a cause for reassurance, as a considerable percentage of cases—12.5% of civil cases and 14% of criminal cases—ultimately result in convictions of journalists,” pointed out Sofia Zheleva during the presentation of the analysis.
Even when they do not conclude with a judicial victory, slap lawsuits are effective since they engage the human and financial resources of journalists and civic activists for an extended period.
Financial Claims and Asset Freezes as Instruments of Pressure
In addition to the psychological stress of potential prosecution, SLAPP lawsuits are often accompanied by claims for high financial damages or asset freezes. This exacerbates the psychological pressure on the targets of SLAPP and creates a serious risk of self-censorship or censorship by the media, as well as undermining the financial stability of the respective media, the analysis reports.
In many cases, the targets are freelance journalists and civic activists without large media organizations or institutions to bear the potential financial burden in case of an unfavorable outcome, and in some instances, even large media outlets distance themselves from or even fire a journalist who is sued.
In the last two years covered by the analysis, two lawsuits were filed with a claim amounting to 1 million leva.
To Criticize or Remain Silent – Which is Safe?
The harmful effects of SLAPP lawsuits are far from limited to their immediate targets, who acquire the status of defendants or sanctioned individuals. The stress and tension during the lawsuits and their outcomes resonate deeply within the journalistic community and society as a whole. Thus, there is a serious risk of a chilling effect on other potentially affected individuals, who may decide not to uphold their right to criticize and investigate issues of public interest.
Alternative Forms of Pressure and Harassment
In addition to engaging journalists as parties in civil and criminal proceedings, the authors of the analysis draw attention to other equally threatening phenomena specific to the Bulgarian environment: administrative and administrative offenses against media and civic organizations, which appear to be motivated by goals outside the legal purpose of such proceedings; the use of disciplinary actions as a form of pressure; physical violence against journalists; interrogations of journalists in pre-trial proceedings focusing on revealing journalistic sources; accusing journalists of committing crimes for the purpose of institutional pressure; hate speech; threats of retribution.
Attacks on Free Speech Are Attacks on Democracy
Achieving real democracy based on the rule of law requires citizens to fully and actively participate in public debate. To ensure their full participation, they need access to reliable information so they can form their own opinions and judgments in a society based on pluralism of opinions, the authors of the analysis state. Therefore, they believe that freedom of speech is one of the fundamental principles upon which any democratic society is built and is crucial for its progress and for the development of every individual.
Freedom of speech does not only affect those who write. On one hand, it is the right to express oneself freely, but on the other hand, it is the right of society to receive information. Furthermore, this includes not only information or ideas that are positively received or deemed non-offensive or accepted with indifference but also those that offend, shock, or disturb the state or any other segment of the population. Such are the requirements of pluralism, tolerance, and patience, without which a “democratic society” could not be called such, as stated in the analysis.
Therefore, it is necessary for SLAPP lawsuits to be specifically monitored and adequately addressed with legislative and other measures aimed at limiting this phenomenon, which poses a danger to our democratic society,” comments Boiko Stankushev, director of the Anti-Corruption Fund.
