DV: "Reporters Without Borders" criticized in its position the court decision against journalist Boris Mitov and Mediapool. This is the second case of a slap in the face case against the media in just a few years. How dangerous is such a trend?
Pavol Szalai: These cases threaten media freedom in Bulgaria. This is the reason why Bulgaria is so low in our media freedom index. The country has the third worst result after Cyprus and Greece - in 70th place out of 180 countries. The problem with slap cases has been around for years, and all we hear from the authorities are promises.
The case of Boris Mitov and Mediapool shows that Bulgaria needs systematic protection of journalists from slap cases. There is European legislation and recommendations from both the EU and the Council of Europe - the solution is there. It just needs political will to implement it. From "Reporters Without Borders", together with other organizations, we are planning a visit to Bulgaria in September - and slap cases are one of the issues that we will raise with the Bulgarian authorities.
DV: Do you have confirmation from the Bulgarian authorities that they will meet with you? And what are the other issues that you will raise with them?
Pavol Szalai: We have no confirmation. We see signals that there is a desire to discuss these topics with us. We are currently preparing the meetings. We have discussed the issues with the Bulgarian authorities in the past. There was even a plan, consultations, to do something about the slap cases, but there are no systematic actions.
DV: What other problems in Bulgaria worry you?
Pavol Szalai: The independence of public media. There is obviously a problem with the Bulgarian National Television, the mandate of the director general and the procedure for selecting a new one. Another problem is Russian propaganda. Police violence was also a serious problem a few years ago. There were penalties there, but we need to see a plan to prevent such incidents. There are also cases of serious attacks on journalists, especially by far-right parties.
DV: In 2024, the European Parliament adopted a directive against slap cases. Is it sufficient to overcome this problem?
Pavol Szalai: The short answer to this question is: No. This directive only covers transnational cases. In order to be implemented, at least two countries must be involved: for example, the complainant must be in one country, and the media outlet in another. But most cases in the European Union - such as those with Boris Mitov, Mediapool, Bird and Bivol - are national.
Here, the recommendations of the European Commission must be applied, which are very sound, but are not legally binding. The other recommendations are from the Council of Europe, which are also very good. But the countries in Europe must implement these measures. And it is not a question of ideology. The media have these problems regardless of their political orientation. This is a common problem. It is in the common interest not to have such verdicts, because of which media outlets have to pay tens of thousands - in this way, the verdicts can lead to their closure. Not to mention the psychological pressure - as in the previous case against Mediapool, which they won even after an appeal.
DV: But now "Lev ins" appealed to the third instance.
Pavol Šalaj: That's right. In Bulgaria, it's always one step forward and then one step back. This also applies to the justice system. We need measures and the relevant legislation. One of the measures is compensation for the victims of this pressure. Another is a sanction against those who are trying them.
DV: As you know, in Bulgaria there are still protests against the way the justice system works. The current case with Boris Mitov and Mediapool also raises many questions in this direction. Do you receive complaints from Bulgarian journalists that they are victims of pressure from law enforcement agencies?
Pavol Šalaj: This case was initiated by a judge. Such a thing does not happen in other EU countries. We have a similar case in Serbia. This is a kind of intimidation - and by a judge who is supposed to guarantee the rule of law. Such cases lead to self-censorship, among other things.
It is very important that the new Bulgarian government gives a clear signal that it wants to address these endemic problems with media freedom in Bulgaria. Bulgaria was at the bottom of our ranking for years, now it is not last, but there is a long way to go.
DV: Slap cases are a problem throughout Europe. Would you say that businessmen, politicians, and in the Bulgarian case - judges, are "inspired" by their "colleagues" in other countries who are filing similar claims?
Pavol Szalai: In the past, journalists in Europe were more often threatened with physical violence. At some point, politicians and businessmen realized that they could shut journalists' mouths without shedding a drop of blood. And the way they could shut them up was by turning justice into a weapon. Then the slap cases were opened. This became a huge problem in the EU - we had such cases in Italy, in France, in Slovakia, in Poland. The problem was huge there during the rule of "Law and Justice". That is why the EU mobilized and adopted legislation, which we call the "Daphne" law, after Daphne Galizia. When she was murdered in Malta, there were nearly 50 slap cases filed against her. And despite the adopted legislation, we do not see a reversal of the trend. The European Commission must act and remind member states of their obligations regarding freedom of expression.
This week, the European Media Freedom Act comes into force. It is not related to the slap cases, but it allows any government that considers itself pro-European to protect freedom of expression.
DV: Pressure on journalists, disinformation reinforced by third parties, by far-right actors, by new technologies, including artificial intelligence: among this bouquet of challenges, what is the most serious one facing journalists in Europe?
Pavol Szalai: The biggest challenge is that the media, which inform in the public interest and respect journalistic ethics, will run out of money. Their mouths will be shut by the slap cases, by Russian and Chinese propaganda, surveillance and political attacks. The financial sustainability of the media in Europe is a big problem, also reinforced by the algorithms of social networks. We must ensure that those who report in the public interest have the financial resources to continue to do so.
Pavol Szalai heads the EU and Balkans department at "Reporters Without Borders".
Author: Alexander Detev