Court rejects Mujović's lawsuit against Nikolić and DPS

The Basic Court in Podgorica rejected the lawsuit filed by Podgorica Mayor Saša Mujović, who sought compensation of 5.000 euros for alleged violation of his reputation and honor by the spokesperson of the Democratic Party of Socialists (DPS), Miloš Nikolić, and that party.

Mujović requested that he be jointly and severally paid non-pecuniary damage in the form of fair monetary compensation for serious violation of his personal rights, in the form of violation of the right to honor and reputation, in the equivalent amount of 5.000,00 euros, with statutory default interest from the date of the judgment until the date of payment, as unfounded.

In the reasoning of the verdict, the court states that the claim is unfounded, because Nikolić's disputed allegations and statements did not constitute defamation, but rather part of the political discourse ahead of the local elections in Podgorica.

"The disputed allegations were made within the framework of a political debate and relate to a public figure at the time of his performance of the functions of minister and mayoral candidate. In such a context, the limits of acceptable criticism are wider," the verdict states, among other things.

Mujović sued Nikolić and the DPS over several posts suggesting that he had been a member, activist or close to the DPS in the past, which he described as "malicious discrediting" and "false claims" aimed at violating his professional and personal integrity.

The court did not accept these allegations.

"The prosecutor has not proven that the disputed information is untrue or that it was presented with the intention of causing him harm. The court considers that this is a subjective political position, not a factually incorrect claim," the decision of judge Ivana Žujović states.