Kosovo: Priština appeal court takes sides against investigative website
| Publisher | Reporters Without Borders |
| Publication Date | 8 October 2016 |
| Cite as | Reporters Without Borders, Kosovo: Priština appeal court takes sides against investigative website, 8 October 2016, available at: https://www.refworld.org/docid/57fb86914.html [accessed 23 May 2023] |
| Comments | All reference to Kosovo should be understood in full compliance with United Nations Security Council Resolution 1244. |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
Reporters Without Borders (RSF) is appalled by a Priština appeal court's decision to overturn a lower court's rejection of a complaint against the investigative news website Insajderi and, worse still, by the fact that the appeal court took it upon itself to give the plaintiff advice.
The ruling has dealt a severe blow to investigative journalism in Kosovo.
The complaint was brought by Adem Grabovci, the former parliamentary leader of
the ruling Democratic Party of Kosovo (PDK), after Insajderi published a story
containing excerpts of recorded conversations revealing the central role he had played in alleged corruption cases.
The lower court will now have to hear Grabovci's lawsuit accusing the Priština-based website of "violating his privacy" and "his constitutional rights." Remarkably, the appeal court seemed to side with Grabovci in its published decision, advising him how to consolidate his arguments and improve his lawsuit's chances. "The fact that the appeal court's judges supported a plaintiff casts doubt on its credibility and independence," said Pauline Adès-Mével, the head of RSF's Europe-Balkans desk. "It is not just Insajderi's prospects in this lawsuit that are at stake. Investigative journalism itself is under attack. Politicians cannot use the right to privacy in same that ordinary citizens can. A journalist or media outlet cannot be sued for revealing information that is in the public interest."
Grabovci filed the suit after being forced to resign, but the lower court rejected his violation of privacy arguments on the grounds that he is a public figure and the revelations were in the public interest. Its decision complied with European Court of Human Rights jurisprudence, which does not recognize the right to privacy in disclosures involving public affairs.
Kosovo is ranked 90th out of 180 countries in RSF's 2016 World Press Freedom Index.
