Judicial practice of the Bulgarian courts in civil and criminal defamation cases brought against media
The aim of the study is to showcase the practice of the Bulgarian courts in cases of defamation and insult against the media in relation to the practice of the ECHR
Sample
The text relates certain standard-setting judgements of Bulgarian criminal and civil courts in cases brought against the media for insult and defamation. Also, consideration is given to the general principles and limitations of the freedom of expression with regard to defamation in the case law of the ECHR
Main Findings
The decisions of Bulgarian courts are compliant with the practice of the ECHR. Although, there are approximately 15 yearly cases in which the decisions of the ECHR are opposite of those in the Bulgarian courts.
Policy recommendations/implications
After many years of fighting, the civil society and media have accomplished decriminalization of insult and defamation. At the same time, the number of SLAPP cases in increasing in Bulgaria. The most important recommendation is for journalists and editors to strictly follow the media-ethical codes in Bulgaria, which for now only have a recommendatory nature and they don't influence directly the editing policy of many medias.