AN ACTION FOR NON-MATERIAL DAMAGES WAS BROUGHT BY MR. MAGARDICH HALVADJIAN AGAINST MP VOLEN SIDEROV (29.07.2013)
The claim is for non – material damages caused to Mr. Magardich Halvadjian in the amount of 20 000 BGN. The amount of the claim is conformed to the nature of the statements of Mr. Volen Siderov in the broadcast “Studio “Ataka” with Volen Siderov” on “Alfa” TV on 23 and 30.06.2013. According to the existing juridical practice in Bulgaria in similar cases, the amount of the claim is high, due to the extremely damaging nature of the statements, and because of the reputation, public and professional position, and authority of Mr. Magardich Halvadjian, service quality and reputation of Mr. Volen Siderov, and also due to the public method of dispatch (by television) and the exclusive distributions of the statements.
Two cumulative subjective passive joined deprecative claims are brought and the payment of the sum of 20 000 BGN are required jointly from the two claimants – Mr. Volen Siderov and PP “Ataka”. By his offensive and defamatory statements Mr. Volen Siderov engages financial liability to PP “Ataka”, which he represents. The broadcast “Studio Ataka with Volen Siderov” emanated by “Alfa” TV – official tribune and owned by PP “Ataka”, which is the broadcaster, a provider of linear media services (programs) for television, based on a schedule within the meaning of art. 4, par. 1 and 2 of the Law on Radio and Television (LRT).
As responsible for the contents of the media service and the statements of Mr. Volen Siderov, an operator of “Alfa” TV – PP “Ataka” gross violate the established rules in art. 10, par. 1, p. 4, 5, 6 and 9 of the LRT, mainly “protect the privacy of citizens”; “non broadcasts initiating intolerance among citizens”; “prevent broadcast that are contrary to good morals”.
The process statements of Mr. Volen Siderov represent public expression of insults – degrading to the honor and dignity of the affected, but some of them are false and defamatory statements – announced of specific facts and circumstances that are shameful – unacceptable in terms of conventional morality and causing unambiguous negative evaluation of the society.
The case is civil due to the inability to conduct a criminal case for defamation against Mr. Volen Siderov, as he is protected by his legislative immunity (art. 70 of the Constitution). Some of the arguments in the claim are related to the state of impunity (in relation to criminal cases of private nature), by which Mr. Siderov takes advantage in an extremely unacceptable way.
The sum of the eventual wining case will be used for numerous charitable social initiatives supported by Mr. Halvadjian, including the program to provide access to each child inBulgariato quality education.
The aim of the case is not only personal compensation for the damages and equitable punishment, but to give a public example of citizenship when people in power forget who pays their salaries and what is the level and standard of personal behavior that are obliged to observe.