30. 09. 2014
55th ANEM MONITORING REPORT
SERBIAN MEDIA SCENE IN AUGUST 2014
Serbian media sector finally got its new media legislation in August 2014 - the Law on Public Information and Media, the Law on Electronic Media and the Law on Public Service Broadcasters. Notwithstanding certain deficiencies, these laws are a significant move forward and a big step in harmonization with the European legal framework. The central part of this Report (in the section Monitoring of the process of new laws adoption) is dedicated to the most important solutions that new media laws bring, as well as certain shortcomings thereof that can cause problems in practice.
Freedom of expression - Pressures and attacks on journalists and the media have continued. The Report authors analyze the following cases: pressure by the Prime Minister on the weekly "Vreme" for publishing an article of the Balkan Investigative Reporting Network (BIRN) on the contract (drafts thereof) made with „Etihad" company from the United Arab Emirates which makes this company the owner of 49% of shares of the Serbian national air carrier; pre-dismissal warning issued to a journalists of Radio-Television Kragujevac for "violation of work discipline" by means of submitting a request for access to information of the Electric Power Company on the journalists' media outlet's electricity debts; physical assault on a photojournalists of daily "Informer" while he photographed the residential building "Informer" believed to be the new home of the former Defence Minister Sutanovac; renewed attack on the website "Pescanik". The cases are analyzed in the context of the new media laws and other relevant laws. In the part of the Report on court proceedings the authors analyze the judgement in the second instance of the Appelate Court in Belgrade in the proceedings for compensation of non-pecuniary damage upon the claim of Dragan Tomić, former director of Kolubara mines and an official of the Democratic Party of Serbia (DSS), against Broadcasting Company B92. The judgement creates a situation where a media outlet carrying headlines or a summary of information from another media outlet may be responsible for failing to publish a response to such information or a notice that the response was submitted, although the response was submitted to the media outlet which originally published the information in question.
Implementation of existing laws - The authors observe that the Law on Public Information and the Broadcasting Law came out of force on August 13, 2014, the day when the new Law on Public information and the Law on Electronic Media came into force. They also note that the full implementation of the new laws requires harmonization of the existing regulation of the Regulatory Body for Electronic Media and the adoption of adequate bylaws.
Work of competent authorities - The Report analyzes: the work of the Regulatory Body for Electronic Media, more precisely the decision of its Council on waiving a part of the broadcasting fee for 61 media outlets from the areas flooded in May 2014, and the criteria for waiving the fees; the work of state bodies - the Commissioner for Information of Public Importance and Personal Data Protection - the Report authors deal with the Commissioner's decision ordering the Ministry of Foreign Affairs to provide a journalist of the Center for Investigative Journalism Serbia (CINS), upon whose appeal the Commissioner passed the decision, with information on diplomatic passports issued in a certain period.
Digitalization process - The Report authors deal with the new Rulebook on Switching over to Digital Broadcasting of TV Program and the announced beginning of simulcast, and they point to the good sides and defficiencies thereof.
Privatization process - The Report authors analyze the solutions regarding privatization provided by the Law on Public Information and Media and the Law on Privatization.
In the Conclusion of the Report the authors summarize their findings on the most important developments in the media sector in August 2014.
55th Monitoring Report was produced by the expert team of the ANEM legal department, Law Office "Živković&Samardžić", in cooperation with ANEM.
The Summary and Conclusion of the Report in English is available for download here below.
The full report and its sections in Serbian are available for download here.
The contents of this Report are the sole responsibility of the authors and do not necessarily reflect the views of the Civil Rights Defenders.
The contents of this Report are the sole responsibility of the authors and do not necessarily reflect the views of the Open Society Foundation, Serbia.
The Summary and Conclusion of the ANEM 55th Monitoring Report
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