Criminalisation of Journalism: Criminally Prosecuted Slovak Journalists in European Perspective Cover Image

Kriminalizácia žurnalistiky: Trestne stíhaní novinári na Slovensku v európskej perspektíve
Criminalisation of Journalism: Criminally Prosecuted Slovak Journalists in European Perspective

Author(s): Peter Hanák
Subject(s): Social Sciences, Law, Constitution, Jurisprudence
Published by: Univerzita Karlova v Praze, Fakulta sociálních věd
Keywords: criminal defamation;investigative journalism; chilling effect

Summary/Abstract: Slovak criminal law allows the highest possible punishment for criminal defamation in Europe – 8 years in prison. This paper shows how this law is used against investigative reporters and deals with criminalisation of Slovak journalists for fulfilling their watchdog duty. As amethod, this article uses qualitative in-depth interviews with 5 reporters, who faced charges with verbal crimes, and with a criminal prosecutor providing necessary context. The results of this research show that Slovak journalists, despite risking 8 years in prison, do not feel threatened by criminal charges. On the other hand, their employers – publishing and broadcasting companies – are vulnerable to civil lawsuits because of large damages awarded to claimants. The experience of interviewed journalists confirmed possibility of a chilling effect of these lawsuits towards critical and investigative journalism.

  • Issue Year: 10/2016
  • Issue No: 02
  • Page Range: 245-264
  • Page Count: 20
  • Language: Slovak