114 of the same Law stipulates that the pu blisher is liable for damages arising from
<.,ihe publication of information referred to in Article 112 paragraph 1 of this law, as well as for
1 ^r +Li. l-\^,
^^-----^L
rega rd less
of guilt.
Article 115 paragraph 1 of the same Law prescribes that the journalist, editor-in-chief
and publisher are jointly and severally liable for damage caused by the publication of
information from Article 112 paragraph 1of this law, as well as for failure to publish
information from Article 112 paragraph 2 of this law.
Article 116 of the same Law stipulates that the editor-in-chief and publisher are not
liable for damages if the information is truthfully transmitted from the court proceedings, in
accordance with this law.
Article 120 paragraph 1 of the same Law stipulates that upon the request of the
plaintiff in lawsuits based on the claim from Articles 70L, 1-72 and 119 of this law, the court
orders the editor-in-chief to p u blish the legally binding verdict without comment and without
delay at his own expense, no later than in the next edition of the newspaper, i.e. in to the
next radio or television show, from the day the verdict became final.
Article 200 of the Law of contract and Torts stipulates that the court for mental
anguish suffered as a result of offended reputation, honour, freedom or rights ofpersonality,
if it finds that the circumstances ofthe case, and in particular their force and duration, justify
it,
[end of eighth poge]
9
award a just monetary compensation irrespective ofthe material damage and in its absence,
and that when deciding on the claim for non-material damage and the amount of its
compensation, it shall take into account the importance of the damaged good and the
purpose served by the compensation, but also that it is not affected by aspirations that are
incompatible with its nature and social purpose
plaintiff is seeklng compensation for
non-material damages due to injury to honor and reputation, was published under the title
,'potitical connections ofthe Krusevac criminal group: ,,Jotka had GaSii on the cauldron". The
text was created as a report from the trial that the defendant Milica Vojinovii followed as a
proceedinSs
lournalist in the case ofthe Higher court in Belgrade Kpol 198/19, which criminal
are being conducted against the accused zoran loti6. The content of the wiretapped
conversations that were heard as part of the evidentiary proceedings at the main trial was
faithfully transmitted, that is, the statements of the persons whose conversations were
wiretapped are quoted in the text.
The text in question, in connection with which the
-r
on the other hand, in parallel with the faithful transmission of information from the
court proceedings obtained at the main trial, the defendant Milica Vojinovii, as the a
pHIe^"
the text, gives on two occasions an interpretation of the meaning of the word "to
of the
with th e w otds "Dtrfl
ca u ldron ", namely in th e first sentence of the text that beSins
Security Information Agency Bratislav GaSii was "on the cauldron", fol
.
r
;\'
ll,ffit
't).\
"$