07. 07. 2014
52nd ANEM Monitoring Report
According to the findings of the monitoring team, the first four months of this year have seen a sharp decrease of the degree of media freedoms. Explaining their findings, the authors of the Report have pointed to the still unsolved important issues and problems, and also elaborating on characteristic developments in the media scene in that period. The latter include the case of removing satirical video content from YouTube depicting the rescue of people trapped in the blizzard near Feketic, as well as the alleged mobbing case involving a journalist - in relation to that case. The authors also examine the open competition called by the RBA for the issuance of television broadcasting license for the entire territory of Serbia, which had many flaws and due to which the Agency was under great pressure; they also analysed a case that revealed certain weaknesses of the self-regulatory body - the Press Council. As a silver lining that, unfortunately, did not change the general unsatisfactory assesment of the media situation in this period, the authors have pointed to and analyzed the two decisions by the Constitutional Court declaring unconstitutional the controversial provisions of the Law on Cinematography and the Law on National Councils of National Minorities, which could contribute to protection of independence of regulatory bodies in the area of broadcasting (Law on Cinematography) and greater protection of minority media and public service broadcasters from political pressure and meddling in editorial policy, protection of minority rights to receive information and a faster privatization of the media (Law on National Councils of National Minorities); the authors also point to the significant progress made in the collaboration between the representative association of broadcasters and the collective organizations for the protection of copyright and related rights, achieved with the conclusion of the agreement on the single tariff of fees with OFPS and PI and the Protocol on Cooperation with SOKOJ, which have facilitated the broadcasters' position by regulating their financial obligations towards the aforementioned collective organizations in favourable manner.
B. THE MEDIA SCENE IN SERBIA IN MAY 2014:
The month of May failed to bring the expected much needed changes to the media sector. As shown by the results of the monitoring of the process of adoption of new laws, on top of the failure to pass the media laws, the drafts of the new Law on Public Information and Media and the Law on Electronic Media are still being adjusted in cooperation with the relevant EC Directorates. The draft of the new Law on Public Service Broadcasters, in the part concerning the financing of PSBs, remains in the phase of internal consolidation, particularly with the Ministry of Finance. Due to the delay of the adoption of the media laws, there were no activities related to privatization either and such activities, the authors believe, are unlikely to take place before these laws are actually adopted.
However, May hasn't remained free of potential freedom of expression violations. The authors have analyzed four cases of potential violations of rights and freedoms of journalists and media, namely: threats against a reporter from Kursumlija by attacking her property; the dismissal of the news editor of "Vecernje Novosti" without explanation, after he had criticized the Prime Minister and several ministers in an interview on RTS (PSB), as well as the alleged mobbing and threats against the employees in Radio Subotica, for which the latter have accused the Acting Director - in analyses of both cases the authors indicate the importance and need for the completion of the privatization of media; the criminal charges filed against the Editor of the Ruma news portal for allegedly stirring panic by publishing a text on that portal. Concerning legal proceedings, the authors have also analyzed the case itself and non-material damages claims submitted by three plaintiffs against the Becej Youth Association, the founder of the web portal MojBecej.rs, over alleged anguish suffered due to information published on that portal. That case is interesting due to the possibility for the court to ultimately settle the disputed issues related to the grounds for refusing to publish a rebuttal.
In the part concerning the implementation of existing laws, the authors have analyzed the implementation of the Broadcasting Law, namely the Decision of the RBA's Council related to the petition against the appearance of convicted criminal Kristijan Golubovic in the shows of almost all national commercial TV broadcasters.
The work of the competent authorities - in the Report there has been analyzed the work of the regulatory body RBA and its recommendation to the Government of Serbia to temporarily release broadcasters from the flooded areas from paying the broadcasting fee, as well as the Agency's notice to television stations on broadcasting requirements during the national day of mourning for the flood victims (regarding which the cable operators have, without due authorization and unlawfully, removed from their programming almost all international channels); it has been also analyzed the work of the state bodies - The Parliament and its attitude towards independent institutions; the Ombudsman and its Annual Report for 2013, in particular the media-relevant segments - allegations about media control and tabloidization of the state, as well as analysis of accomplishments and shortcomings in relation to the accomplishment of media freedoms; the Commissioner for Information of Public Interest and Personal Data Protection and his Annual Report on the implementation of laws from his competence, particularly the parts pertaining to access to information of public interest, as media relevant; the Prosecutor's Office for High-Tech Crime and the reaction of the latter to the hacking attacks on websites critical of the government's response to the floods, as well as the reaction of the Office to the comments on social networks about the number of casualties in the floods.
The digital switchover - the Report examines the good sides of the extension of the Initial network for the broadcasting of the digital TV signal, while pointing to the flaws of the process that must be dealt with urgently in order for the switchover to end on time.
In the conclusion of the Report, the authors point to the main problems in the media sector, due to which the media in Serbia remain in an unfavourable position.
The 52th Monitoring Report has been compiled by the expert team of ANEM's legal department, the "Živković&Samardžić" Law office, in cooperation with ANEM. You may download it here, entirely or in parts, by clicking on the sections below.
A. INTRODUCTION - SERBIAN MEDIA SCENE JANUARY to APRIL 2014
B. I FREEDOM OF EXPRESSION - MAY 2014
B. II MONITORING OF THE IMPLEMENTATION OF EXISTING LAWS - MAY 2014
B. III MONITORING OF THE PROCESS OF ADOPTION OF NEW LAWS - MAY 2014
B. IV MONITORING OF THE WORK OF COMPETENT REGULATORY BODIES AND STATE BODIES - MAY 2014
B. V DIGITALIZATION PROCESS - MAY 2014
B. VI PRIVATIZATION PROCESS - MAY 2014
B. VII CONCLUSION - MAY 2014
Download here the entire MONITORING REPORT no. 52
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