AEJ Bulgaria Condemns SLAPP Ruling Against Mediapool and Boris Mitov as Threat to Press Freedom

The ruling by the Supreme Court of Cassation (SCC) against journalist Boris Mitov and the independent news site Mediapool marks a serious blow to press freedom in Bulgaria. The case was initiated by appellate judge Svetlin Mihaylov - formerly head of the Sofia City Court - over a series of articles published in 2018, which reported publicly known facts regarding his property declarations and alleged political connections. After more than five years of legal proceedings, the court ordered Mitov and Mediapool to jointly pay Mihaylov BGN 20,000 in damages, with interest raising the total to nearly BGN 36,000.

The case is widely viewed as a textbook example of a SLAPP (Strategic Lawsuit Against Public Participation) - a legal weapon used to intimidate journalists and silence critical reporting. The Association of European Journalists (AEJ) – Bulgaria warns that this ruling could create a chilling effect on the entire media landscape. Journalists could begin to self-censor for fear of facing heavy financial penalties when covering sensitive issues such as the judiciary, magistrates' integrity, or potential political favoritism. The AEJ stresses that such reporting is essential in any democratic society, particularly when it comes to transparency around judges' wealth, appointments, or possible misconduct.

In solidarity, AEJ – Bulgaria has pledged BGN 4,000 from its legal defense fund to help Mediapool cover the court-imposed fine. The organization is calling on citizens and supporters of free speech to donate the remaining BGN 32,000. Donations can be made via bank transfer to AEJ Bulgaria’s account at UBB or through card and PayPal contributions. The funds will be used exclusively to help cover the penalty imposed on Mediapool and Mitov.

AEJ urges the Ministry of Justice to act swiftly and bring Bulgaria’s legislation in line with the European Union’s anti-SLAPP directive, adopted in 2024. The organization will also inform the Coalition Against SLAPPs in Europe and the Council of Europe’s Platform for the Protection of Journalism about the case. AEJ encourages Mediapool and Mitov to bring the matter before the European Court of Human Rights, citing a previous case involving journalist Rosen Bosev, who won his SLAPP case in Strasbourg after losing in Bulgaria.

According to the SCC ruling, the articles in question suggested that Mihaylov lacked the moral integrity for high judicial office and implied that his wealth was gained through improper use of his position. However, Mitov’s reporting merely cited facts from Mihaylov’s official property declaration, which indicated he was a millionaire. The court also viewed critically the mention of Mihaylov’s perceived closeness to the Movement for Rights and Freedoms (DPS), arguing that judges must not be associated with political actors. Yet, such commentary had previously appeared in other publications and was even referenced in official reports of the Supreme Judicial Council’s ethics commission.

Remarkably, the SCC increased the compensation awarded by the lower court fivefold. It based this decision on Mitov’s use of terms like “scandalously famous magistrate” and “scandalous millionaire,” claiming that these phrases tarnished Mihaylov’s reputation. This stance ignores similar descriptions made in the past by public officials - such as former Constitutional Court judge Konstantin Penchev, who labeled Mihaylov’s judicial mandate as the most scandalous in 30 years.

The SCC also held Mediapool and Mitov responsible for personal consequences suffered by Mihaylov, including the deterioration of his health and family relationships. The judge alleged that his son cut off communication while studying abroad, and his daughter was distressed by the contents of the articles. The court accepted these claims without examining whether other factors contributed to the strain.

Crucially, the ruling fails to acknowledge Mihaylov’s status as a public figure, which should subject him to a higher level of scrutiny. The court also made no reference to relevant jurisprudence from the European Court of Human Rights or the media’s essential watchdog role in a democratic state.

AEJ – Bulgaria expressed strong disapproval of the ruling, suggesting it undermines trust in the impartiality of the judicial system, particularly in cases involving sitting magistrates.