Slovak Prime Minister sues editor – for use of image

Slovak Prime Minister Robert Fico is suing Peter Bárdy, the editor-in-chief of the Aktuality.sknews portal, for using a photo of him on the cover of his book Fico - Posadnutý mocou(Fico - Obsessed with Power).

The prime minister is also suing the book's publisher, Ringier Slovakia Media, demanding apologies and 100,000€ in damages from each party. According to local sources, this represents the largest lawsuit against a journalist in the history of Slovakia.

Fico is seeking compensation for "non-material damage." He is objecting to the use of his image on the cover of Bárdy's book, claiming it is his prerogative to decide how his photograph is used.

"We are convinced that we have not violated the law, which we'll defend and explain in court," said Peter Bárdy. "And we believe in a fair trial. If someone wanted to intimidate me with this lawsuit, if it was meant to trigger self-censorship, it didn't work. I will continue to do what I have been doing for almost three decades in journalism."

'The book contains over 300 pages of text and dozens of photographs, but Prime Minister Fico has taken issue with the use of his image on the cover.'

A clear SLAPP in the face

Press freedom advocates see the lawsuit as litigation designed to intimidate - a so-called SLAPPsuit - a strategic lawsuit against public participation that aims to induce self-censorship.

In Slovakia, as well as other European countries, SLAPP suits are a common means of attacking critical journalists and independent media outlets in order to silence critics and burden them with unfounded lawsuits with exaggerated claims.

"Their aim is not to win litigation, but to intimidate and exhaust critics with financially and time-consuming actions," said Bárdy.

'Together with the editors of Aktuality.sk, and also with many great journalists from other Slovak media, we will continue to point out problems in the state, criticise politicians, heads of institutions and publish verified information in the public interest. Because that is our job.'

In May, new EU rules to protect against SLAPP suits became enforceable, to address the exponential increase in "abusive lawsuits against journalists, media outlets, and human rights defenders," says the European Commission.

"WAN-IFRA is deeply concerned that Prime Minister Fico, the most prominent public figure in Slovakia, should seek to bring a legal case for the use of his image. It is a thinly veiled attempt to threaten and intimidate a critical media outlet and long-serving editor via misuse of the law," said Andrew Heslop, Press Freedom Executive Director at WAN-IFRA.

"We stand with Ringier Slovakia Media and Peter Bárdy as they defend these spurious allegations, and strongly encourage Mr Fico to think again in his attempts to undermine free media in the country."

A report published in 2023 by The Coalition Against SLAPPs in Europe (CASE)details the increase in cases across Europe: from 570 in 2022 to over 820 in 2023.

The danger of SLAPP suits lies precisely in their deterrent effect on journalists, human rights, or other activists, who - in fear of the consequences of threats, lawsuits or criminal proceedings - stop reporting on an important topic of public interest. As a result, they abuse the judicial process to restrict the defendants' right to freedom of expression and thus the public's right to information.

If independent journalism is one of the fundamental pillars of democracy, then SLAPP suits are a direct assault on democracy, and are therefore against the public interest.

READ MORE:

• Study Identifies Hundreds of Possible SLAPPs Targeting Croatian Media, Journalists
• Open SLAPP Cases in 2022 and 2023: The Incidence of Strategic Lawsuit Against Public Participation, and Regulatory Responses in the European Union
• 2022 was a record year for number of SLAPPs in Europe, report finds

Lucinda Jordaan

[email protected]