30. 11. 2012

ANEM recommendations for more effective fight against illegal broadcasting

Based on the problems identified in the fight against illegal broadcasting of radio and TV programs, and taking into consideration the opinions heard and conclusions drawn during the discussion on ANEM round table "Measures for effective prevention of illegal broadcasting", held on November 29 in Belgrade, ANEM submitted, on November 30, 2012, its written Recommendations for more effective fight against illegal broadcasting of RTV programs to the relevant authorities - the Ministry of Foreign and Internal Trade (Department of Electronic Communications and Information Society and Market Inspection Department), Special Prosecutor's Office for High-Tech Crime, RBA, RATEL, Ministry of Interior and Provincial Secretariat for Economy.

Key recommendations:

1. Drafting and signing of the Protocol of Cooperation or the Memorandum of Understanding on preventing illegal broadcasting between all actors interested in combating the problem. The main aim of this document is to, under current legislation, lead to improved coordination between different government bodies in combating broadcasting without license and cooperation with broadcasters who are affected the most by the operations of illegal broadcasters;

2. Increasing criminal legal protection in the field of program broadcasting without license, namely protection that would also act preventively, and in particular:

- Introducing the criminal offense - unauthorized broadcasting of radio and TV programs for individuals who broadcast without license and liability for the commercial offense for legal entities that do it without license;

- Introducing the criminal liability for individuals and liability for commercial offense for legal entities - advertisers on the programs of broadcasters without license (by amending the Advertising Law);

3. Strengthening the capacity of independent regulatory bodies to fight illegal broadcasting, by removing regulatory barriers for authorizing the Republic Agency for Electronic Communications for inspection monitoring work. Convergence of all these functions in one place would create the regulatory requirements for an effective fight against illegal broadcasters, which is in line with the European practice, as well as the practice in the region, which implies expanding powers of regulatory bodies;

4. A public call to the competent courts to recognize specificity of cases related to illegal broadcasting and to contribute, with their actions, to the effectiveness of the fight against illegal broadcasting, since the past practice has shown that the work of the competent courts in these cases has not sufficiently contributed to the efficient resolution of this problem. This call should be jointly submitted by all signatories to the said Protocol/Memorandum.

Following these Recommendations, a joint meeting is planned in order to reach concrete agreements on implementation of those adopted recommendations by all stakeholders interested in preventing illegal broadcasting.

Suggestions of ANEM are available here (only in Serbian).