ANEM Activities

Home / ANEM Activities / Public Statements

29. 07. 2008

ANEM TO CONDEMN RATEL'S TECHNICAL CONDITIONS DOCUMENT CONTENT AND WAY OF ITS ADOPTION

Belgrade, July 29, 2008 – Association of Independent Electronic Media (ANEM) severely condemns the content and way of adoption of the "Technical Conditions for Sub-Systems, Equipment and Installations of Internet Network", which was adopted by the Management Board of the Republic Telecommunications Agency (Ratel) on July 11th, this year, and which went into effect on the following day.

ANEM is of the opinion that the "Technical Conditions" Document that was adopted by Ratel will serve to enable serious and unlimited invasion into the basic human rights that are guaranteed by the Republic of Serbia Constitution and by the Convention for the Protection of Human Rights and Fundamental Freedoms, and especially the freedom to expression and privacy, that is, confidentiality of the means of communications.

It is not debatable that according to the Telecommunications Act public telecommunications operators are obliged to establish sub-systems, equipment and installations for legally prescribed electronic monitoring of certain telecommunications as a part of their systems and on their own expense, while technical conditions for such sub-systems, equipment and installations are defined by Ratel together with the telecommunications operators and state institutions in charge for the immediate implementation of such electronic monitoring.

What is, however, debatable and contentious is that, as far as ANEM has been informed, in the procedure of adoption of the "Technical Conditions" Document on July 11th, there had been no cooperation and/or consultations, with the telecommunications operators, in spite of the fact that Ratel is legally obliged to hold such consultations. Also, the scope of freedom to expression limitation, that is, the scope of privacy invasion permitted by the above stated conditions is excessive and absolutely out of proportion with the overall aim to enable the legally prescribed electronic monitoring or supervision.

ANEM would also like to remind that the Constitution as well as the Convention for the Protection of Human Rights and Fundamental Freedoms have prescribed conditions that permit restrictions of the freedom to expression and right to privacy only on exceptional grounds, among other condition that the public interference must be proportionate to the legitimate aim pursued. Too broad definitions and requirements set out in the Ratel "Technical Conditions" Document leave space for an unselective, uncontrollable and unjustifiable monitoring of the citizens' Internet activities, gathering and analysis of statistical data in relation to such activities, e-mail messages' and attachments' interception and processing of Web mail, interception of IP telephone communications, facsimiles and IP video communications, interception of instant messenger communications, interception of communications in peer-to-peer networks and the similar, by various state institutions.

ANEM demands that Ratel revoke the contentious "Technical Conditions" Document and to organize public consultations with telecommunication operators, as required by the Telecommunications Act, and to define the conditions for legally authorized electronic monitoring of public telecommunications in such a way to guarantee and protect the basic human rights of the people who use the telecommunications services.

Sasa Mirkovic,
ANEM Chairman

Related News:

* RATEL Withdraws Disputed Rulebook for Monitoring of Internet Communication (August 22nd, 2008, Beta, B92)

* Rulebook Blocks Activities of the Board (Beta, Tanjug, B92, August 22nd, 2008)

* Personal Opinion of the Commissioner for Information of Public Importance: The Draft Law on Personal Data Protection Contains Some Odd Provisions (Danas Daily, August 19th, 2008)

* RATEL Announced Withdrawal of the Internet Rulebook (Blic Daily, August 9th, 2008)

* Vojvodina Ombudsman Against Implementation of RATEL's Technical Conditions Document (August 13th, 2008, Executing Council of the Autonomous Province of Vojvodina)

* Ombudsman Against RATEL's ''Technical Conditions'' Rulebook (Politika Daily, August 9th, 2008)

* RATEL to Decide on Amendments to Their Rulebook Soon (Beta News Agency, August 6th, 2008)

* Draft Data Protection Act Proposed for Urgent Adoption (Tanjug News Agency, August 5th, 2008)

* NUNS: Uncostitutional Decision by RATEL Must Be Immediately Withdrawn (NUNS, July 29th, 2008)

* NGO Belgrade Center for Human Rights public announcement in connection to RATEL Rulebook (BG Center for Human Rights, August 29th, 2008)