From Silence to Strength: A Regional Response to SLAPPs in the Western Balkans
From Silence to Strength: A Regional Response to SLAPPs in the Western Balkans

Author(s): Uroš Jovanović
Subject(s): Politics / Political Sciences, Politics, Civil Society, Public Administration
Published by: Građanske inicijative
Keywords: strategic lawsuits against public participation (SLAPPs); freedom of expression; investigative journalism; civil society activism; public participation; legal protection; Serbia
Summary/Abstract: In Serbia, there is no anti-SLAPP legislation, however, the domestic legal system recognizes the institution of the prohibition of abuse of procedural powers: Article 9 of the Law on Civil Procedure prescribes that the parties are obliged to conscientiously use the rights recognized by that law; paragraph two of the same article prescribes the obligation of the court to prevent and punish any abuse of the rights of the parties in the proceedings; Article 14, paragraph 1 of the Code of Criminal Procedure stipulates that the court is obliged to conduct criminal proceedings without delay and to prevent any abuse of rights aimed at delaying the proceedings. Also, Article 13, paragraph 1 of the Law on Obligations prohibits the abuse of rights by providing that it is prohibited to exercise rights from contractual relationships contrary to the purpose for which is that established or recognized by law. The anti-abuse of procedural powers institute could potentially help in SLAPP proceedings, bearing in mind that SLAPP proceedings involve the abuse of procedural powers, however, the abuse that the existing institute protects against refers to actions that prolong the proceedings from the very beginning, and not before they start, which would be necessary in SLAPP cases. Therefore, the existing institute can help to detect the abuse that is being committed, but not to connect this abuse with the reason for which it was being committed, which is to burden, intimidate, punish or upset the defendant for speaking publicly about the plaintiff.

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