Abuse of Rights: An Analysis of SLAPP Cases and the Protection of Freedom of Expression on the Internet in Serbia

This analysis examines both the domestic and international legal frameworks, as well as cases of strategic lawsuits against public participation (SLAPP), within the digital space of Serbia. The focus is on protecting freedom of expression and preventing the abuse of legal mechanisms that seek to suppress public engagement. It particularly looks at SLAPP cases under the Public Information and Media Act, and the Obligations Act, including lawsuits targeting the media, human rights defenders, and individuals. The goal of this comprehensive analysis is twofold: to provide specific legal recommendations to prevent the abuse of legal mechanisms, and to improve legal protection while maintaining a balance between the right to access justice and the right to privacy. Additionally, the analysis aims to raise awareness among legal professionals, judges, and the public about the nature of SLAPP cases and the importance of protecting freedom of expression in Serbia’s digital space.