Home  /  ANEM Activities  /  Advocacy activities

10. 11. 2015

SUGGESTIONS OF ANEM ON THREE DRAFT RULEBOOKS OF REGULATOR

MINIMUM REQUIREMENTS FOR PROVIDING OF MEDIA SERVICES; CONTENTS OF GREAT IMPORTANCE - PSBs OBLIGATIONS

Regulatory body for electronic media (REM), in the period from 27 October to 10 November 2015, conducted a public debate on three draft bylaws that relate to: minimum requirements for providing of media services and licensing on the basis of open competition; minimum requirements for providing media services at the request of the media service provider; public service broadcasters' obligations regarding the assignment of unused rights to broadcast media content of great importance.

ANEM participated in the public debate and submitted to REM its comments and suggestions on drafts of these laws.

1. Draft Rulebook on minimum requirements for  providing of media services, and criteria for decision-making in the process of issuing licenses for providing of media services on the basis of a public competition

In opinion of ANEM, this draft rulebook contributes to legal uncertainty, it is potentially unconstitutional, in certain areas goes beyond its scope of regulation. Since the problems it could create in practice are very serious and could not be removed by simple legal and technical interventions in the existing text, ANEM has proposed that the draft rulebook be withdrawn from the procedure and amended in consultation with the media service providers, so as to respond to real market conditions and be in compliance with the Constitution and law.

For this attitude ANEM provided a number of arguments, pointing to the specific disputable provisions, including the retroactive application of rulebook. ANEM emphasized that believes that regulators should deal with the purpose of prescribing minimum requirements - and that is a quality program, namely, establishing minimum standards for the quality - not the means of achieving the purpose - what technical equipment media service provider must have, or how many employees should be involved in the development of program, or in what workspace it should be done and so on.

2. Draft Rulebook on minimum technical and organizational conditions for issuing licenses for providing of media services at the request of the media service provider

According to opinion of ANEM, all remarks on the previous draft rulebook, which relate to the potential unconstitutionality, legal uncertainty, inadequate prescribing minimum conditions, going beyond its scope of regulation, are relevant for this draft, too. ANEM especially pointed to the complete inadequacy of the criteria for differentiation among media services providers based on the number of users of electronic communications operators.

ANEM proposed for this draft too, to be withdrawn from the procedure because the problems that could create in practice and the potential unconstitutionality are very serious and cannot be removed by interventions in the existing text.

3. Draft Rulebook on the assignment of unused rights of public service broadcasters to broadcast radio, television and other media content of great importance

Although it considers it is good to introduce the rules in this area, ANEM pointed to possibility of compromising autonomy of public service broadcasters with overregulating this issue, as too much detailed rules are evident in this draft. ANEM also pointed to importance of the inclusion of PSBs representatives in drafting the final version of this rulebook.    

SUGGESTIONS OF ANEM ARE AVAILABLE HERE (only in Serbian).

  • No comments on this topic.

Latest news

Other news
Pravni monitoring
report
ANEM campaigns
self-governments

Poll

New Media Laws

To what extent will the new media laws help the Serbian media sector develop?

A great deal

Somewhat

Little

Not at all

Results

Latest info about ANEM activities

Apply!

Unicef
Unicef

The reconstruction and redesign of this web site were made possible by the support of the American People through the United States Agency for International Development (USAID) and IREX.
The contents of this web site are the sole responsibility of ANEM and do not necessarily reflect the views of USAID, IREX or the United States Government.

 

9/16 Takovska Street, 11 000 Belgrade; Tel/fax: 011/32 25 852, 011/ 30 38 383, 011/ 30 38 384; E-mail: anem@anem.org.rs