In February and March of 2003 the Bulgarian Helsinki Committee (BHC) conducted a second survey of the insult and libel cases that have been brought against journalists, editors, and publishers. This survey is one of the BHC’s activities under the auspices of a year-long international project entitled “Decriminalization of Insult and Libel.” The project is financed by the European Union’s Stability Pact.
The survey was carried out by a network of 22 researchers who are professional journalists. Each of them was in charge of one region from the territory of the country. Information regarding the insult and libel cases was obtained from local editorial offices[1] and courts. A questionnaire was filled in for each case.
This study is the continuation of a previous investigation into the insult and libel cases that were brought against journalists during 2001. Fortunately, therefore, this report is able to make comparisons between the data from the two studies.
Judicial protection in Insult and Libel Cases
During the survey that was conducted in 2003, the BHC discovered information about 131 judicial procedures against journalists, editors, and publishers for insult and libel.
In comparison with the established 115 such cases that were examined in the beginning of 2001, this year’s data indicate that the number of cases has increased.
Of the 131 judicial procedures examined as of February 2003, 70 were criminal cases and 61 were civil cases[2] of insult and libel against journalists and publishers.
In comparison to the data from 2001, the number of criminal cases increased by 7 and the number of civil cases increased by 8 in 2003.
The general tendency that the study indicates confirms the data of the National Statistical Institute, which also indicate relative stability in the number of criminal cases for insult and libel.[3]
During the period between March 2001 and March 2003, when 91 insult and libel cases were initiated, 53 of the cases were criminal cases, while 38 were civil cases.
There were 65 libel cases, 7 insult cases, and 59 cases where insult and libel were alleged simultaneously. The most frequent objects of court investigation for insult and libel are the authors of articles uncovering corruption scandals or instances of poor management. This is also shown by the fact that 42% of the cases were initiated by people in public positions whose on-the-job behavior became a topic of public discussion (see below).
The tendency towards more frequent attempts to seek legal responsibility for libel that was observed in 2001 continues today.
The most frequent plaintiffs or private accusers are people in public positions[4]. Fifty- three of the cases in the most recent survey (or 42% of the total number of plaintiffs and private accusers) were initiated by people in public positions. Nine of the cases were initiated by complaints from politicians, 37 were initiated by businessmen, and 33 were initiated by others (ordinary citizens or people working for themselves). The total number of people in public positions, businessmen, and others who bring criminal accusations against journalists is about 11% higher than the number of the same people who file civil complaints. At the same time, the number of politicians who are criminal accusers is twice bigger than the number of politicians filing civil complaints.
Insult and libel cases in various regions of Bulgaria
The largest number of insult and libel cases in Bulgaria is heard in Sofia. In March 2003 17 criminal cases and 23 civil cases against journalists and publishers from Sofia were examined. The next highest number of cases is in Blagoevgrad, which has 7 criminal and 6 civil cases, followed by Plovdiv, which has 2 criminal and 9 civil cases. No cases have been brought against journalists in the towns of Pleven, Pernik, or Kardzhali.
Since the 2001 survey there has been a significant decrease in the number of cases in Montana (24 cases in 2001, 8 cases in 2003) and Varna (16 cases in 2001, 8 cases in 2003). There has been a significant increase during the same period in the towns of Sofia (13 cases in 2001, 40 cases in 2003), Blagoevgrad (4 cases in 2001, 13 cases in 2003), Razgrad and Targovishte (no information on cases in 2001, 2 criminal and 5 civil cases in 2003).
The large number of cases in some regions is due to the larger number of journalists working in those parts of the country andto cases of media or journalists against whom more than one criminal accusation or civil claims were brought. Thus, for example, there were 11 cases against a single journalist, the newspaper Struma, and Struma’s publisher, “Pirin Erkjul, Ltd.,” in the town of Blagoevgrad. Eight cases were pending against Media Holding who owns several newspapers. Similarly, 7 civil cases are related to publications in the newspaper 168 Hours and its publisher, “168 Hours, Ltd.,” alone. There are 5 cases against Pavel Nikolov and Mariana Aleksandrova, the owners of Radio Montana. Todor Dimov, publisher of and journalist at the newspaper Tundzha in Sliven, is the object of four cases. Three cases concern the publications of journalist Katja Kasabova. Another three cases concern Rumjana Hristova, correspondent for Standart newspaper in Targovishte. Nine other journalists are the objects of two cases each. Some of the plaintiffs and private accusers have filed more than one complaint. The businessman Monjo Todorov of Yambol is one such example. He is waging a war against the Tundzha newspaper. Similarly, Mrs. Ivancheva, director of the Montana Water Works, is the plaintiff in the cases against the owners of Radio Montana.
As a general rule all plaintiffs seek pecuniary compensation. In only two exceptional case were those damages merely symbolic. In those cases, the plaintiffs sought only 1 lev.[5]
Sixty of the criminal cases also contain civil claims for damages. In only 10 of the 60 total criminal suits are there no claims for damages.
The most frequent claims are for 10 thousand leva in civil suits for damages resulting from insult and libel. Ten cases involve claims of this size. Claims for 15 thousand leva (7 cases) and 2 thousand leva (5 cases) are the next most popular. Only five cases involve claims of less than one thousand leva.
The largest amount of a civil claim in a criminal case is for 2 million leva. This claim is in the case of the Italian businessman, Mr. Mirolio, against Ekaterina Dzhguburija of Duma newspaper. The largest claim in a civil case is for 39 thousand leva. This claim is in the case of TIM-Ltd. business group against Nevjana Trojanska, who is the acting editor of Morski Trud newspaper in the city of Varna.
The number of criminal cases with large damage claims is higher than that among civil cases. Thus, for example, in some of the criminal cases the civil claims are higher than the highest damages claimed in the civil cases. The Italian businessman Mr. Mirolio’s claim against Ekaterina Dzhguburija of Duma newspaper is 2 million leva; there is a 270 thousand leva claim against the publisher of Yambol’s Tundzha newspaper, Todor Dimov; the criminal case against Novinar newspaper’s Varna correspondent, Katja Kasabova, involves a claim of 100 thousand leva; the claim against Monitor newspaper’s Shumen correspondent, Krasimir Krumov, is for 80 thousand leva.
The tendency for plaintiffs to seek high pecuniary damages has remained stable since the 2001 survey.At the same time the extremely high claims for damages have increased in number.
Success of insult and libel cases against journalists and publishers
The main goal of this study is not to check up on the success of cases against journalists. Therefore the survey determined that of the 131 insult and libel cases against journalists and publishers, 92 were still being heard in the courts of first instance. Twenty-nine cases were in their second instance, and of these 14 were cases in which defendants had been convicted or the court of first instance had honored the plaintiff’s claims. In March 2003 the Supreme Court of Cassation, to which only civil cases with claims of more than 5,000 leva can be appealed, were hearing 10 cases for insult and libel. In two of the cases the second instance courts had denied the civil claims against the journalists. Three cases were concluded during the BHC survey in February and March of 2003. In two criminal cases the journalists were found innocent of the charges (the editor-in-chief of the newspaper Vidin, Borislav Borisov, and the journalists Violeta Kambureva and Ilka Kateva of Cherno More newspaper). In another case the court sentenced the journalists (Ana Mineva and Momchil Jonchev of Novini newspaper) to pay damages of 2000 leva and a 500 leva fine each.
Although no data were collected on the cases against journalists that
had already been concluded, many other factors make it possible to conclude
that only a small number of the cases conclude with the journalists
being sentenced.[6] Some of these factors include the large
number of decisions in favor of the accused journalists that the survey
discovered, the results of the BHC’s previous survey of insult and libel
cases against journalists,[7] and the annual statistical data showing
the number of criminal insult and libel cases and the number of convictions
(not only of journalists).[8]
A) Damages
In three of the cases in which the court decided against journalists they sentenced the defendants to pay 300 leva in damages. Similarly, in one case initiated by 30 plaintiffs (soccer referees vs. Ljubomir Minchev of Plovdiv’s Maritsa newspaper) the court sentenced the journalist to pay 9000 leva in damages (or 300 leva per palintiff). The case against Doncho Donchev of Plovdiv’s Maritsa (sentenced to pay 5 thousand leva in damages) is an exception to the rule.
The damages that publishers are sentenced to pay are higher than those that journalists are sentenced to pay. In cases that have been decided, publishers have been sentenced to pay up to and around 3 thousand leva. An exception is one of the cases against Pavel Nikolov and Mariana Aleksandrova, owners of Radio Montana. The Montana District Court sentenced them to pay 30 thousand leva in damages.
When sentences are appealed, the amount of damages that the journalists are required to pay typically decreases, often several-fold. In March 2003 the Supreme Court of Cassation heard appeals of 3 decisions and sentenced journalists to 1000 leva. This was after the second instance courts in these cases had already reduced claims from 3500 leva[9] and 1200 leva[10]and had confirmed one claim for that amount[11]. In another case before the Supreme Court of Cassation, the latter examined a claim against 850 leva in damage awarded by the second instance court that had reduced a 1500 leva compensation by the first instance court.[12]
The case against the journalist Stefka Burmova and “Media Hit”, the publisher of Gabrovo’s Dnes Pljus newspaper, is an exception. These defendants were acquitted in the court of first instance, but the appeals court sentenced them to pay damages of 2000 leva each. Another exception is the case against the Burgas municipality, which is the owner of the newspaper Burgas Dnes, which is no longer published. The defendant in this case was initially sentenced to pay 3200 leva in damages, but after appeals the second instance court sentenced the defendant to 5870 leva in damages.
B) Fines[13]
According to Article 78a of the Criminal Code, the court may release journalists who have been found guilty of insult and libel from criminal responsibility if they have never been convicted of crimes with general character and if they have never before been released from criminal responsibility. The release from criminal responsibility leads to imposition of administrative fine.[14] The courts do apply this law.[15]
In March of 2003 three cases in second instance courts examined appeals of sentences to fines. In two of the cases the Montana District Court had sentenced Pavel Nikolov, owner of Radio Montana, to a fine of 8 thousand leva in one case and also sentenced the other owner of the radio station, Mariana Aleksandrova, to a fine of 8 thousand leva. In the criminal case against Rumjana Hristova, Standart newspaper’s correspondent in Targovishte, the Targovishte District Court sentenced the defendant to a punitive fine of 5000 leva.
Length of trials seeking responsibility for insult and libel
The survey indicates that as of February 2003 thirty-seven of the cases that were in progress during the February 2001 survey had still not been concluded. That means that about 31% of all cases last for two or more years. One of the longest-lasting civil cases was the one against Ivan Iliev Georgiev, editor of the newspaper Parvomaj Dnes. That case has been proceeding in the court of first instance for over eight years. Another trial that has lasted for 8 years is the civil lawsuit against Stoyan Uzunov, journalist from Sofia’s Noshten Trud and Media Holding.
Seventeen of the still in-progress cases for which the BHC collected data during the first survey in February 2001 are criminal cases. In all likelihood many of these cases will be cut short within the next few months because the statue of limitations will have expired. The same is true for 11 criminal cases initiated in 2001 that have been proceeding in the courts of first instance for more than the past year.
A comparison with the 1991 survey does not show any reduction in the
length of trials.
The survey indicates that in almost all cases journalists make use of a lawyer’s defense during trials for insult and libel. While the central media in the capital as a rule provide lawyers for their journalists and pay for the related expenses, journalists from other parts of the country in most cases pay for their own legal counsel. An additional inequality between these two groups of journalists is the fact that the central media hire lawyers who have experience in cases protecting the freedom of speech, while the local lawyers whom other journalists may hire in many cases are working on this topic for the first time.
In comparison with the 2001 survey, the use of legal counsel in court proceedings for insult and libel has finally become the norm.
General conclusions from the survey:
[1] The survey covers 144 newspapers, 71 TVs and 102 radios.
[2] Civil cases are for tort arising from insult or libel.
[3] See Appendixes 1, 2 and 3 – Tendencies in the Seeking of Criminal Responsibility for Libel and Insult. While the total annual number of libel accusations has declined over the past three years, the number of the accused for insult increased during 2002.
[4] For the purposes of the survey the phrase “people in public positions” refers to people who hold both state and municipal offices like judges and prosecutors, police or military officers, diplomats, mayors and head of municipal agencies.
[5] See the case of Arlin Antonov vs. Nejka Krasteva and Julii Moskov of Standart newspaper and Lora Zagorova vs. Media Holding.
[6] According to the testimony of the accused journalists whose cases were active during the period of the BHC survey, cases are frequently abandoned at some point due to lack of interest on the part of the plaintiff or civil complainant or the cases are settled out of court. Criminal cases are also cut short when the absolute deadline of the three year statute of limitations is reached (see for example the case against Elena Encheva, journalist at Sega newspaper).
[7] Data showing the results of this study may be found on the Internet at: http://www.bghelsinki.org/fe/bhcmonitorcases_n.html.
[8] See the appended statistical data.
[9] Ivan Kochev vsPirin Erkjul Ltd, the publisher of Blagoevgrad’s Struma
[10] Roumen Mitov vs Pirin Erkjul Ltd, the publisher of Blagoevgrad’s Struma
[11] Dinjo Bozadjiev vs Iovka Atanassova, journalist fromStara Zagora’sStarozagorski Novini
[12] Metodi Pazvatnov vs.Pirin Erkjul Ltd, the publisher of Blagoevgrad’s Struma
[13] The penalties, provided by the Penal Code for insult and libel, are fines and public censure. The fine for insult is from 1 thousand to 3 thousand leva while the fine for libel is from 3 thousand to 7 thousand leva. The fine for the aggravated crime of insult is from 3 thousand to 10 thousand while for aggravated libel – from 5 to 15 thousand.
[14] The amount of the administrative fine is from 500 to 1 thousand leva and is significantly lower than the criminal fine.
[15] See the sentence in the case against the Kazanlak journalist Stefan Dimitrov, the sentence in the case against Krassimir Shahpazov, publisher of Nova Zagora’s Zlatna Zagora, the sentence in the case against Ana Mineva and Momchil Ionchev, journalist from Veliko Tarnovo’sNovin