David Butkovic, former editor-in-chief of Globus, was today acquitted of charges of criminal defamation by a court in Zagreb in a groundbreaking victory for freedom of expression. Judge Ranko Marijan dismissed the charges brought by all 23 ministers in Franjo Tudjman’s government, holding that the right of journalists to inform the public is a basic condition of press freedom. Had Butovic been convicted, he could have faces eight year’s imprisonment.

Butovic published an article presenting the findings of a report on Croatia by the US-based “Kroll Risk Report”. The report stated: “The government is corrupt and heavily influenced by organised crime groups”. The government lawyer argued that Butkovic should be found guilty since he could not prove the truth of the allegations. Judge Marijan strongly rejected this argument, holding that journalists not only have a right to publish this sort of information but that they are under a professional obligation to do so. In any democracy, journalists have a responsibility to ‘investigate and inform’ thereby satisfying the publics’ right to know. A conviction in this case, would, he said, have had a chilling effect on the practice of journalism and dire consequences for freedom of expression as guaranteed by Croatia’s constitution.

Butkovic’s lawyer, Vesna Alaburic said: “I am delighted with this decision. This represents a great victory for all Croation journalists; not only has freedom of the press been upheld but the decision goes some way to restoring our confidence in the independence and impartiality of the judiciary. I hope that members of the government take note of this judgement and stop the legal harassment of journalists through multiple defamation suits.

Observers from a number of international free media organisations, including the International Press Institute (IPI), attended the trial. Peter Goff of IPI and Tony Mendel of Article 19 were particularly pleased with the judge’s reasoning, which stressed the right of the public to be informed about matters of public interest, regardless of the embarrassment this may cause the government.