THE NATIONAL UNION OF
JOURNALISTS OF UKRAINE
Lawsuits and complaints related to personal data protection are becoming an increasingly common tool for pressuring journalists across Europe. Eight lawyers from different European countries worked through legal countermeasures at a “Litigation Surgery” seminar in Budapest, Hungary. The National Union of Journalists of Ukraine was represented by Danil Serbin, a lawyer at IBC Legal Services, which provides free legal support to journalists through the legal hotline for media professionals operating under the auspices of NUJU’s Journalistsʼ Solidarity Centre network.
“Dissecting” cases: what Litigation Surgery is
Litigation Surgery is an in-depth practical seminar format developed by Media Defence, an international non-governmental organisation specialising in the legal defence of journalists, bloggers, and independent media worldwide. Lawyers worked alongside experts to analyse and discuss specific cases: identifying legal issues, formulating human rights arguments, and developing litigation strategies.
Eight practising lawyers from across Europe were selected to participate – all working with media and journalists to defend freedom of speech and freedom of expression.
When data protection becomes a weapon against journalism
Key topics at the seminar included the complexities of applying the European Unionʼs General Data Protection Regulation (GDPR), and the boundaries between the right to privacy and the dissemination of information in the public interest. Participants examined how GDPR mechanisms (e.g. the right to object, demands for data erasure, and restrictions on data processing) can be used as tools to pressure newsrooms and journalists.
Beatrix Vissy and Lе́na Perczel from the Hungarian Civil Liberties Union (TÁSZ — Társaság a Szabadságjogokért) delivered a presentation on the topic. Using the example of Hungary, where the journalistic exemptions under Article 85 of the GDPR were not properly transposed into national law, they showed how Forbes Hungary and Magyar Narancs faced legal pressure over investigative publications about the wealth of influential individuals.
“This is a challenge we need to prepare for now”
Participants also worked through legal defence strategies: invoking the public interest as a legal basis for data processing, applying the exemptions under Article 14(5)(b) of the GDPR, and arguing the “perishable news” doctrine, which makes prior individual notification of data subjects impracticable.
Danil Serbin said the seminar gave NUJU the opportunity to learn from European specialists in defending the rights of journalists and media, and to share the challenges Ukrainian media professionals faced during the war.
“We are used to dealing with physical threats, persecution, and the issue of journalists in captivity. But legal pressure through personal data legislation is a challenge we need to prepare for now. At the seminar, we gained concrete tools and strategies that we will be able to apply in the Unionʼs work. Practical training like this provides the opportunity to acquire new knowledge and strengthen our capacity to protect journalists in Ukraine. Today, NUJU is part of a European network of lawyers defending freedom of speech,” he added.
Beyond the thematic sessions, the seminar format included practical case analyses by participants, experience-sharing, and the building of a professional network of lawyers working in the field of freedom of speech in Europe. Following the seminar, participating lawyers gained the opportunity to continue collaboration through further Media Defence initiatives.
NUJU Information Service
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