Judicial Proceedings Against Journalists
in Bulgaria Following Changes
in the Penal Code of March 2000
Àuthor: Boyko Boev
In February and March 2000, the Bulgarian Helsinki Committee (BHC) conducted a survey on judicial proceedings initiated against journalists for insult and libel. This survey was undertaken by BHC as part of a two-year project entitled "Practical Access to Democracy in Central and Eastern Europe". This international project was financed by the Democracy and Human Rights European Initiative of the European Union.
The survey focuses upon civil lawsuits and criminal proceedings against journalists for insult and libel which have been brought to court after the Penal Code was amended in March 2000. These amendments included the abolition of custodial sentences for insult and libel. Criminal liability for insult and libel may now be sought only through a private complaint and not, as it had been previously, through an indictment by the prosecutor. The study aims to determine the extent to which the amendments to the Penal Code have contributed to the protection of the right to freedom of expression.
The study of civil and criminal cases for insult and libel was carried out in two stages. The first stage involved the collection of general information on criminal and civil proceedings against journalists for insult and libel initiated and/or closed between March 2000 and March 2001. The second stage involved a more detailed examination of a selection of cases, acted as a platform for the provision of legal aid to some of the prosecuted journalists and aimed to draw public attention to impediments to freedom of speech arising from defamation legislation and judicial practices in the country.
For the implementation of the first stage of the project, the territory of the country was divided into twenty regions. The capital, Sofia, was treated separately. A local journalist from each of the regions was given the task of establishing connections with the media and courts in these regions. The journalists gathered information on civil and criminal proceedings initiated and/or closed against journalists for insult and libel during the period to be examined. The journalist responsible for gathering the relevant information from Sofia only contacted the media from the capital.
Information was collected from the editorial offices of 139 newspapers and magazines, 63 television and 98 radio-stations around the country. We received data on a total number of 97 cases against journalists. Of these, 60 were criminal and 37 were civil cases. In 25 of the criminal cases, civil claims for damages accompanied the criminal complaint.
Twenty of the proceedings had been closed by the end of March 2001. The remaining 74 case are still pending. To date, only one journalist, Mr Borislav Borisov, has been sentenced. Mr Borisov, the editor-in-chief of the Vidin newspaper, was sentenced by the District Court of Vidin to pay a fine of 1 000 leva and was publicly reprimanded. The Vidin Regional Court later reduced the fine to 500 leva. In twelve of the closed proceedings, the journalists were acquitted. Six of the cases were closed on the grounds of default or withdrawal of the complaint. Four of the cases were closed after reconciliation and agreement had been reached. In two of the cases, the first-instance court had sentenced the journalists, but the second-instance court acquitted them. For example, Mrs. Karolina Kraeva, a journalist with the Istina newspaper in the town of Vratza, was initially sentenced on probation but later had her sentence retracted. Similarly, Mr. Vesselin Anguelov, a journalist at the Shans Express newspaper in the town of Vratza, was acquitted by the second-instance court after he had been sentenced to pay a fine of 10 000 old leva by the District Court.
Thirty three of the cases were for libel, 15 were for insult and 44 for insult and libel. There was more than one judicial proceeding instituted against 11 of the journalists. Journalists Mr. Pavel Nikovov and Mrs. Mariana Alexandrova, owners of Radio Montana and Otgovor newspaper, have been accused most frequently for libel or insult, totalling 12 private criminal complaints. 11 complaints were filed against Mr. Rosen Slavchev, radio host from Radio Montana. Three civil claims and one criminal complaint were raised against Mrs. Katia Kasabova from Bourgas. Four criminal complaints were filed against Mr. Anton Lukov, editor-in-chief of the Chernomorie newspaper in the town of Varna.
Authors of texts that allegedly contain libellous statements or offensive language are not the only individuals brought to court. Nineteen of the cases were raised against the editors-in-chief of the relevant publications. Twenty-four judicial proceedings were initiated against the publishers, and in two of these cases, the publishers appeared to be also editors-in-chief. Twelve of these proceedings are against Mr. Pavel Nikovov and Mrs. Mariana Alexandrova, owners of Radio Montana and Otgovor newspaper. There is more than one judicial proceeding against a further two newspaper publishers: Pirin Erkul Ltd, publisher of the Struma newspaper in the town of Blagoevgrad, and Mr. Vesselin Anguelov, publisher of the Shans Express newspaper in the town of Vratza, each had three separate civil claims brought against them.
It is interesting to note that Mrs. Mariana Alexandrova, one the two owners of Radio Montana was accused of being an abettor and assessor in the offences of libel and insult.
Claims are most commonly directed against the author and the publisher simultaneously and only in the cases against 168 Chasa Ltd. and Pirin Erkul Ltd from the town of Blagoevgrad, were the authors of the indicted articles not summoned as defendants. The only case against a publisher and an editor-in-chief is the case against Mr. Nikolaj Assenov, publisher of the Vidin newspaper, and against Mr. Borislav Borisov, editor-in-chief of the same newspaper. A case was simultaneously brought against the author (Mrs. Rumiana Bojcheva), the publisher of the 100 Vesti newspaper (Kolonel Ltd) and the editor-in-chief (Mr. Ivan Gospodinov) in the town of Gabrovo.
The number of cases brought against free-lance journalists is small. Only 6 cases were confirmed, and 4 of these proceedings were initiated against the same journalist, Mrs. Valentina Zakharieva from Varna, on the basis of her publications in the Cherno More newspaper.
Civil claims and criminal complaints filed in the observed period were unevenly distributed over the separate regions. The highest number of both criminal and civil proceedings for insult and libel against journalists is in the region surrounding the towns of Vratza and Montana. There were 24 criminal proceedings in this area. The region of Varna has a total of 16 judicial proceedings - 13 of which are criminal and three civil. Rousse, Razgrad and Silistra are all regions where no journalists have been prosecuted for insult and libel.
As noted, the largest number of criminal proceedings has been initiated in the region of Vratza and Montana. There are 24 criminal proceedings against journalists in this region. With the exception of Rousse, Razgrad and Silistra where no proceedings were initiated, there were no complaints in Veliko Turnovo, Dobrich, Kurdjali, Sliven and Haskovo. The largest number of civil claims for compensation for insult and libel are found in the regions of Veliko Turnovo, Plovdiv and Pazardjik. There are four civil cases pending in each of the regions. In Vidin, Lovech, and Shoumen, no civil claims were filed against journalists for insult and libel. Only criminal responsibility is sought from the journalists in these regions.
Four judicial proceedings were initiated against co-authors of particular articles. A case brought against Mr. Ilian Jordanov, Mrs. Vesselina Boneva and Mrs. Anelia Percheva, all journalists at the Maritza newspaper, is the only example of proceedings being initiated against three authors at the same time.
The majority of proceedings for insult and libel close, on average, three years after the complaint or the claim has been filed, and it takes only the first-instance court an average of two years to complete the cases. There are, however, exceptions. The District Court of Bourgas was the quickest to pass a judgement upon the civil claim filed by the ex-Minister of State Administration, Mario Tagarinski, against Mrs. Katja Kasabova, a journalist from Bourgas. Two months after the civil claim had been filed, a judgement was reached in the proceedings at the first-instance court against Mr. Krasimir Krustjovski, editor-in-chief of the Kompass newspaper in Bourgas. The period in which the criminal proceedings against Mr. Todor Rizov, a journalist from Vratza, was settled was groundbreaking. Luben Borchev filed a complaint against him in June 1995, and the first-instance court passed a decision at the end of March 2000 - almost five years later. The criminal case against Mrs. Eleonora Konstantinova, a journalist at the Istina newspaper in Montana, which is no longer published, was very similar. The complaint against her was filed in September 1995, and the court passed a judgment on 20 July 2000. The proceedings instigated by the complaint against Mr. Vesselin Anguelov, owner of the Shans Express newspaper, filed by Mr. Hristo Ninov, ex-manager of Mlechna Promishlenost in Vratza, took four years to be processed through the court.
In two cases, a journalist filed civil claims for the amount of 5 000 leva against other journalists. It is thought that, Mr. Mladen Martinov, the owner of radio Veliko Turnovo and also a municipal councillor, filed a civil claim against Mrs. Rumiana Vassileva and Mrs. Guergina Vassileva, journalists at the Yantra Dnes newspaper. The article, which the claimant alleges to contain libellous statements, was published in the Yantra Dnes newspaper and was entitled "How much does the vote of a municipal councillor cost?". Mr. Mladen Martinov filed a civil claim against Mr. Mladen Minkov, also a journalist, for another publication in the newspaper entitled "An atrocious media boss brought to the court for forgery". In Varna, Vesellina Zaharieva and Spas Spassov, both journalists from different newspapers from the same city, lodged criminal complaints for libel against each other. Later they reached an agreement and withdrew their complaints. Another journalist pursued a claim for libel against a journalist. The well-known TV host, Mr. Kevork Kevorkian, filed a lawsuit against Ms. Velislava Popova, a journalist with the Kapital newspaper, for a publication entitled "Kevorkian's TV illusions factory". The claim amounts to 20 000 leva.
Defendants:
A businessman, Mr. Ivan Kochev, filed a civil claim amounting to 9 500 leva against Pirin Arcul Ltd, publisher of the Struma newspaper, for libel.
Mr. Mario Tagarinski, ex-Minister of the State Administration, filed a civil claim for the amount of 5 000 leva against Mrs. Katia Kassabova, a journalist from Bourgas, for her publication in the Bourgas Dnes newspaper. The title of the article was "The Council of Ministers Resort Station in Slanchev Briag Robbed by Tagarinski". The first-instance court granted the claim and rendered compensation at the amount of 1850 leva. The journalist appealed the decision. The manager of the station of the Council of Ministers in Slanchev Briag, Mr. Konstantin Kostov, also filed a claim against the journalist for 5 000 leva, but the journalist was later acquitted. In connection to a sequel in the Bourgas Dnes newspaper, a third civil case for libel, filed by Mr. Georgi Chapkunov was pursued against Ms. Katia Kasabova who sought considerable compensation - 10 000 leva.
The mayor of the Primorski region in Varna, Mr. Todor Vojnikov, filed a complaint for insult against Mrs. Violeta Kambourova, a journalist at the Cherno More newspaper. The case was filed after a publication entitled "A Mischievous Mayor for Shooting".
Anguel Tsonev, chairman of the Bulgarian Youth Revolutionary Party filed a complaint against the photo reporter of the Cherno More newspaper in Varna, Mrs. Nadezhda Petrova, for a photograph taken of the complainant in court where he had appeared as a defendant in a case for documentary crime. The complainant stated that his dignity had been infringed.
The Bulgarian Socialist Party leader in Veliko Turnovo, Mr. Stoyan Vitanov, filed a civil claim for 15 000 leva against Mr. Stilian Marinov Najdenov, a free-lance journalist, for his publication in the Borba newspaper entitled "The Structure of Municipal Administration - A Total Chaos, The New One Will Be Clear No Later Than 2nd December". The article concerned the period when Stoyan Vitanov had been deputy mayor of Veliko Turnovo.
The archbishop of Veliko Turnovo, Grigorij, filed a civil lawsuit claiming 6 000 leva compensation against Momchil Yonchev and Ana Mineva, journalists at the Novini newspaper following a series of publications in the newspaper about malpractices.
Dr. Slavcho Kotlarski, a medical doctor from Vidin, filed a complaint for libel and insult accompanied by a civil claim for 25 000 leva against Mr. Nikolaj Assenov, publisher of the Vidin newspaper, and Mr. Borislav Borissov, editor-in-chief Vidin. The plaintiff's complaints pertain to a letter from a subscriber, published in the newspaper and entitled "A Doctor With No Morals".
Criminal proceedings for libel and insult were instigated by Valentin Dimitrov, executive manager of Himko Vratza, against the correspondent of the Trud daily in Vratza, Mrs. Temenuzhka Yotsova. The object of the claim is a publication in the Trud daily, entitled "Bonev (the then Minister of Interior) Handed Kostov (the Prime Minister) a File With Documents For An Affair at Himko". In her article the journalist noted that USD 200 000 had been missing from the plant's pay-office, and that Dimitrov had shared it with D. Datsov, chairman of the Council of Supervisors, who had later been murdered.
A civil claim
for compensation in the amount of 60 000 leva was made by complainant, Todor
Todorov, ex-manager of the Chiprovtsi Mine, against Pavlin Georgiev, journalist
at the editorial office of the Montpress newspaper.
A civil lawsuit for 30 000 leva was filed in Gabrovo by Sinhroninvest Ltd against
the correspondent of the Trud daily, Mr. Petar Simeonov. The object of the claim
was a publication in the Trud daily entitled "People in Gabrovo Drink a
Killer Vodka".
A civil claim for compensation for libel in the amount of 15 000 leva was filed against Krustina Marinova, free-lance journalist from Assenovgrad. The complainant, Lachezar Hristev, a medical doctor from the town, claimed he had been libelled by a publication in the Standard daily which claimed he had wrongfully administered treatment.
Todor Dimov, editor-in-chef and publisher of the Tundzha newspaper, was the defendant in a civil case for libel and insult. The plaintiff, Monio Todorov , a businessman from Yambol, filed a claim for 165 000 leva. On 16 December 2000 Todor Dimov was heavily beaten by three men near the Cooperative Market in Yambol.
A civil lawsuit against Aneta Kisiova, a journalist from Smolian, was filed by Stoyan Marev, after a publication in the Phodopi Vest newspaper. The defendant, who is lawyer, claims 12 000 leva in damages because he was libelled in an article entitled "The Mayor of Smolian Acquired A New House".
Mrs. Slavka Kamenova, Mr. Elen Malamov and Mr. Volodia Yankov, all Judges at the Regional Court of Smolian, filed private complaints against Georgi Uzunov, editor-in-chief of the Rhodopi Vest newspaper. Their complaints were in response to a statement made by Uzunov, a municipal councillor, at a session of the Municipal Council, which was aired by the municipal radio station. The plaintiffs also filed three civil claims, each for 10 00 leva. Criminal proceedings were initiated against Uzunov through a private complaint by the Mayor of Smolian, Mr. Dancho Kiriakov. The Mayor claimed that he had been accused of malpractice in the statement as well as in several of Uzunov's publications. A claim for non-material damages in the amount of 20 000 leva was raised.
Eva Sokolova, wife of the Speaker of the National Assembly, Mr. Yordan Sokolov, issued a claim for non-material damages in the amount of 15 000 leva against 168 Chasa Ltd., publisher of 24 Chasa newspaper. The plaintiff claimed that untrue, libellous and offensive statements had been published in Chasa newspaper with the aim of discrediting her reputation.
Mr. Vesselin Anguelov, manager of the Shans Express newspaper was also accused of libel and insult. The complaint was filed by the ex-director of Sportni Imoti, Mr. Yanko Dragostinov, who sued Anguelov for text printed below a photograph of Dragostinov playing chess. The text below the photograph had been written by the photographer and states that following his dismissal, Dragostinov kills time by playing chess. Dragostinov alleges that he was not dismissed, but relieved from office after his temporary labour contract expired. The case was instigated in 1998 and remains open today.
Montana is a middle-sized city, three hours North of Sofia. The city became famous in Bulgaria due to the implementation of an outrageous water regime. The citizens of Montana had water for only four hours a day for six months. The regime has only recently been abandoned. The private Radio Montana addressed the issue of the water supply and water use in a series of radio shows. The first show took place on 27 November 2000. The subsequent shows were on 28, 29 and 30 November and 5 and 12 of December 2000. Mr. Pavel Nikolov, the owner of the radio, and Rossen Slavchev, the host of the afternoon shows, discussed the policy and administration of the local state-owned "Water and Sewer" Company responsible for the regime. The radio audience was given the opportunity to contribute their views to each of the shows aired and to participate in a discussion. According to some individuals, the Company was already assigned to be privatized and its poor administration sought to devalue its cost. Rumors began to circulate that the manager of the Company, Mrs. Ivancheva, would be the new proprietor. The implementation of the water regime damaged Ivancheva's public reputation. There are two central reasons for this. Firstly, during the water regime, the cost of water in the city became the highest in the country and secondly, Ivancheva built a large family house during her term of office. On 18 January 2001 Otgovor newspaper developed these themes in three articles.
Mrs. Ivancheva responded by lodging complaints against Pavel Nikolov and Mariana Alexandrova, owners of the radio and Otgovor newspaper and against Rossen Slavchev and Tania Stoycheva who were hosts of the shows. Complaints were also lodged by Ivancheva's sister and lawyer of the Water and Sewer Company, Albena Krasteva and by Mrs. Elena Grigorova, employee of the Company.
Ivancheva complained of the following statements and comparisons:
- She was
compared with a "horny, self-conscious vagina, ready to swallow the whole
company through privatization".
- That she built a house which may be compared only with the houses of Christo
Bisserov and Rumen Gechev (both having the reputation of being corrupt politicians)
and the citizens of Montana want to know where she acquired the money to build
it.
- That the host of the show greeted her with the song "Mr. 10 %" (the
song was created in honor of Mr. Bozhkov, former Minister of Industry, who allegedly
used to take 10 % from the cost of each privatization transaction for himself)
- That she was falsely accused of breaking into the studio with bodyguards in
attempt to stop the shows.
- That her thinking was defined as retrograde, old, typical to communist Nomenclatura
and Bolsheviks.
- That she had sent a parliamentary representative to the radio to offer money
in exchange for termination of the shows.
- That she was compared with a hooligan and water princess.
Ivancheva's sister Albena Krasteva complained in relation to:
- Nikolov's
comment that "she took off her panties, in the political sense of the word,
when she left the Municipal Council of the UDF and offered her service to the
opposition".
- the comment in Otgovor newspaper that she "sneaks into local institutions
and poisons the air with "free" cheese, placed in a snare for wolves".