Partner at Živković Samardžić Technology, Media and Telecommunications department and a Head of Media Litigation, led the team that secured a victory for RADIO BROADCASTING COMPANY B92 AD at the European Court of Human Rights.

The case (no. 67369/16) involved a 2011 TV broadcast and online article concerning the Assistant Minister of Health in Serbia, who was suspected by the police of involvement in abuses related to the 2009 AH1N1 vaccine procurement. B92 reported on this issue based on an internal police note, omitting the Assistant Minister’s name from a final criminal complaint.

In 2012, the Assistant Minister filed a lawsuit against B92 for defamation, resulting in a judgment requiring the broadcaster to pay compensation and remove one of the articles. The Belgrade courts upheld this decision, but the European Court of Human Rights ruled that the domestic courts had misinterpreted the case, emphasizing the need for a balanced approach in journalistic reporting.

The Court found that B92 had acted in good faith and with due diligence, acknowledging its efforts to provide a balanced report. It concluded that Serbia violated Article 10 of the European Convention on Human Rights and awarded B92 compensation of EUR 2,740 for pecuniary damage, EUR 2,500 for non-pecuniary damage, and EUR 2,400 for costs.