The new journalist and journalist Dražen Cigleneck are obliged to pay 150 a thousand kuna to President of Zagreb County Court Ivan Turudic for the violation of dignity, honor and reputation as well as the great mental pain caused by the publication of the column titled "Turudić More Damage than Seselj" from November 2014. Wednesday Municipal Civic Court.
The Court also ordered that, within 24 hours of the verdict, the Novi list completely remove this column, as well as Turudic's photograph and all the comments published in the disputed article, which, in the verdict, reads the reader to take negative action on the plaintiff attitude as a person to despise and morally condemn. The court claims that such behavior wanted to harm Turudić's honor and reputation.
Turudić: I'm disqualified as a person, citizen, judge and volunteer of the Homeland War
Turudić stated in the lawsuit that his article was grossly damaged by the violation of his personality rights, by extending a series of insults and falsehoods to his account, a serious violation of the fundamental principles of freedom of the media contained in the Constitution of the Republic of Croatia, the Media Act and the Convention on Human Rights Protection fundamental freedoms.
He highlighted some of the columns he considers as controversial, and especially its end in which Cigleneck writes: "Parliamentarians and yesterday analyzed the stupidity that is produced in large quantities by Vojislav Seselj, degrading the institution of the Croatian parliament. Instead, if they were already dealing with individuals, they could open a discussion of Turudić. So maybe you can make a Declaration that would condemn his unstable behavior. With his actions, Turudić is now facing more damage to Croatia than the paralysis of a wicked war criminal. "
By publishing this article, Turudić states in the lawsuit, compared with a war criminal, is disqualified as a citizen, citizen, judge and volunteer of the Homeland War, and therefore experiences intense discomfort as he was exposed by constant inquiries of fellow judges, attorneys, acquaintances and family. He adds that the obvious intent of "insulting and untrue text was precisely the violation of personality rights, because such writing and textual equipment obviously violated the principle of freedom of the media".
In addition to the violation of journalistic ethics, it is stated in the lawsuit that Cigleneck, as an employee of the New List, "intentionally, knowingly and intimidately acted because the intent is contained in his will and the knowledge that the publication of the article will cause the prosecutor to be harmed." The new lawsuit filed a lawsuit for "continuously negative" and "false information" about Turudić, who said a whole series of articles published last year.
New List: The column expresses the author's value judgments
The New List argued that there was no procedural presupposition in this case because Turudić did not address the request for correction of the published information, but acted in "good faith". The published column, they emphasized, expresses only the authors' value judgments, and hence the Turudić interpretation of the subject as a whole is comparatively subjective, thereby violating professional reputation and expertise, as well as personal and moral integrity.
They also argued that the prosecutor "is obliged to break the critique contained in the column in question and because of his public outcry that some public perceives as the unacceptable political bias of the judiciary". The defendants also emphasized that the disputed information was published in the form of columns, in which Ciglenečki publishes exclusively works of art and presents value judgments about current issues and events in society. They also mentioned that the writer's exclamation of authors includes polemics, subjectivism, and the use of stylistic figures, all of which characterizes the character of Dražen Cigleneck's style as an author.
Court: The column wanted to hurt Turudić's honor and reputation
The Court found in the verdict that Turudić had met the procedural presumption of filing the lawsuit and that he could only ask for the apology of the New List and not a correction because the title of the published information does not make correction, rather than apology, by its meaning and meaning.
It is also pointed out that the title "Turudic inflicts greater damage than Seselj" is the defamatory information that the reader "causes him to take on a negative attitude on the plaintiff, considers him a person to be despised and morally indicted." Analyzing the title, the footnote and the content of the column, the court found that it contains abusive information that was not published in good faith, but also stated that a valid court is not subject to proof of truth, nor can it be discussed in this way.
The Court contends that the column, in which the disputed information was published, differs from other forms of journalism in that it contains an explicit view or opinion of a particular author, and that, in the disputed text, Turudić is "displayed as a person of negative characteristics".
Accordingly, the Court concluded that the disclosure of the disputed text was "about conduct aimed at harming the plaintiff's honor and reputation" and that Dražen Cigleneck deliberately acted, knowing that the published text would be objectively appropriate to cause discomfort, dissatisfaction, frustration and anger at prosecutors'.
HND: We will help Cigleneck continue the procedure if he wants to
In the first reaction to the ruling of the Municipal Civil Tribunal, the president of the Croatian Journalism Society (HND) Saša Leković said that there are no comments for the time being. "We are familiar with the ruling in the HND, but we do not want to comment because it is not valid. I can only say that the HND will give all possible help to Cigleneck's colleagues in the continuation of the proceedings up to the finality, if the fellow wants it, as we help all the members who ask for it, "concluded Lekovic.