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27. 12. 2012

ANEM THIRTY-NINTH MONITORING REPORT

The Thirty-ninth Monitoring Report for November 2012 brings the following:

Freedom of expression - in the part about the threats and pressures, the authors analyze a series of serious attacks on the journalist and her family, as well as a case that clearly shows why and how difficult and dangerous it is to practice investigative and critical journalism in Serbia; in the part about court proceedings, the authors analyze the first instance verdict granting a journalist's motion for compensation of non-pecuniary damages for suffering a brutal attack, as well as the case of arrests of a group that organized in the last three years fake television and radio quizzes and games of fortune, which suggests that the problem of "pirate" broadcasting of program is not a human rights issue, or violation of freedom of expression, but the domain of organized crime in with enormous profits.

Implementation of existing laws - this part of the Report deals with the application of the Public Information Law through the case of "Novosti", exploring whether and to what extent the new government is willing to comply with the state's strategic commitment to withdraw from ownership in media and to respect legal norms stipulating that the state cannot be owner of media; two cases that have served for the analysis of the implementation of the Broadcasting Law - the case of granting license for cable broadcasting of the package of TV programs Arena Sport, which treats the issue of vertical integration of content providers (media) and providers of media content distribution services (operators of electronic communications networks); the case of excluding of one and including of another program in the offer of the SBB cable operator, which indicates that Serbia is lacking a regulation of cable distribution and broadcasting of TV programs, must-carry regulation and control of the logical numbering of licensed TV channels.

The adoption of new laws - even though no new media laws were adopted in this period, the Amnesty Law and the Proposed Law on Amendments to the Law on Copyright and Related Rights have/may have serious ill effects on the position and work of journalists and media.

The work of competent authorities: regulatory bodies - the RBA has published a list of candidates for twelve members of the Programming Committee of the Broadcasting Institution of Serbia and the authors of the Report explain the role of this body, who can be its member who is nominating candidates; authors deal with the statement of the Body of European Regulators for Electronic Communications (BEREC), published on RATEL website, as well as with solutions allegedly contained in the Draft Law on the Fees for Using Public Goods, based on its versions that have appeared in public; ANEM event, dedicated to the fight against illegal broadcasting, served the authors to sum up the problems in this area; self-regulatory body the Press Council - in addition to the one-year work report of the Commission for Complaints, the authors present two more decisions reached in late November; competent authorities - referring to the account of the Minister of Culture and Media about redefining of the Media Strategy, the authors indicate why it is not good; collective organizations have not significantly contributed in this period to improving the situation of the media, but have expressed openness to cooperation with beneficiaries, which has yet to be proven in the case of the media.

The process of digitalization - the authors analyze ANEM written recommendation for further implementation of the process of switchover from analogue to digital broadcasting of program as the first specific articulation of the position and demands of commercial broadcasters regarding the digitalization process.

The process of privatization - citing several examples, the authors show the insincerity of intentions and the unwillingness of the authorities to implement the process of withdrawal of the state from ownership in media.

The Conclusion of the Report contains a critical assessment of the situation in the Serbian media sector.

The Thirty-ninth Monitoring Report was prepared by the expert team of ANEM Legal Department, law office "Zivkovic&Samardzic", in cooperation with ANEM. You can download it here, in whole or in part, by clicking on the selected section below.