The threat to democracy and free speech in Croatia's controversial reform of the Whistleblower Protection Law

Whistleblowing is a crucial aspect of democracy, enabling individuals to expose corruption and wrongdoing within institutions. However, recent developments in Croatia have sparked controversy and raised concerns about the stifling of whistleblowers and the impact on journalism. The passing of a controversial law targeting whistleblowers in Croatia has ignited a fierce debate, with critics denouncing the legislation as a threat to democracy and media freedom. 

Croatia became the ninth country to transpose the Whistleblower Directive in 2022 

The Act on Whistleblowers‘ Protection was adopted in Croatia on 23 April 2022, replacing the previous legal framework in force since 2019. The new law is designed to ensure effective protection of whistleblowers and improve the reporting system for irregularities, aligning Croatian legislation with the EU Whistleblowing Directive.  
 
The Act covers various aspects such as reporting mechanisms, whistleblower rights and obligations, protection measures, and responsibilities of organisations and employers. By offering clearer definitions and specific procedures, Croatia’s whistleblowing protection law appears to fulfill its primary objective of effectively safeguarding whistleblowers, at least on paper.  

Controversial changes to whistleblower protection in the ‘Lex AP’ Law 

However, the new law introduced in March 2024, dubbed ‚Lex AP‘ after Prime Minister Andrej Plenkovic, makes it illegal to disclose information from police investigations to journalists. Whistleblowers now face severe penalties, including imprisonment, for exposing corruption and misconduct. The government’s justification for the law is to protect the presumption of innocence and protect the personal rights of individuals under investigation. Nevertheless, critics argue that the true intent is to suppress free expression, cover up political corruption, and undermine media freedom. 
 
The European Federation of Journalists and the Croatian Journalists‘ Association have expressed grave concerns about the implications of the new law. The latter believes that the legislation seeks to intimidate journalists and restrict their ability to hold those in power accountable. By criminalizing whistleblowers and subjecting journalists to legal repercussions, the law poses a significant threat to independent journalism and transparency in Croatia. 

Timing of law passage questioned 

The timing of the law’s passage, just before the dissolution of parliament and upcoming elections, has raised suspicions about the government’s motives. Opposition politicians and media outlets critical of the government have accused Prime Minister Plenkovic of using the law to silence dissent and shield corrupt practices within his administration. The rush to push through the legislation amidst widespread opposition and protests further fuels concerns about the erosion of democratic values and the consolidation of power in the hands of the ruling coalition. 
 
The parallels drawn between Prime Minister Plenkovic and authoritarian leaders like Viktor Orban highlight broader concerns about the state of democracy in Croatia.  

Croatia has received international criticism 

The Council of Europe’s criticism of the new whistleblower law and its potential impact on press freedom further underscores the international concern over the erosion of democratic norms in Croatia. The looming threat of a state-controlled media landscape and the suppression of independent journalism raises alarms about a possible slide towards authoritarianism and the infringement of civil liberties. 
 
As Croatia prepares for parliamentary elections and the EU elections, the unfolding political landscape presents a critical juncture for the future of democracy in the country. President Zoran Milanovic’s decision to run for prime minister as the opposition candidate signals a potential shift in power dynamics and possibly a renewed focus on upholding democratic values and transparency. 

Challenges to democracy and media integrity 

The controversial whistleblower law in Croatia represents a significant threat to democracy, media freedom, and transparency. The stifling of whistleblowers and the criminalization of journalists undermine the essential role of the press in holding power to account and exposing corruption. As Croatia navigates a challenging political climate, the protection of whistleblowers and the preservation of a free and independent media are essential pillars of a healthy democracy.  

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