19. 12. 2012

AMENDMENT OF THE MEDIA COALITION ON PROPOSED LAW ON AMENDMENTS TO THE CRIMINAL CODE

Belgrade, December 19, 2012 - The Media Coalition is expressing its deepest dissatisfaction with the fact that the Article 13 of the Proposed Law on Amendments to the Criminal Code has anticipated the deletion of Paragraph 3 of Article 138, pertaining also to journalists. Without going into the reasons for the deletion of this qualified form of criminal offense for persons not performing the work of public importance in the area of public information, the Media Coalition believes that the specificity of the journalistic profession and risks it entails it must be acknowledged and that there are no reasonable grounds for deletion of a paragraph that guarantees greater protection to journalists, because of the importance of their profession, than to persons not performing the work in public interest in the field of information.

Due to the above, the Media Coalition has addressed the Serbian Parliament and competent Ministry of Justice and Public Administration today, proposing the amendment to the Article 13 of the Proposed Law on Amendments to the Criminal Code that says:

"Article 13 of the Proposed Law on Amendments to the Criminal Code is amended as follows:

Article 138, Paragraph 3 is amended as follows:

(3) Whoever commits the offence referred to in paragraph 1 of this Article against a person performing the work in the public interest in the area of public information, in relation to the activities that person performs, shall be liable to a sentence of imprisonment of one to eight years."

The Media Coalition reminds that the journalists are often the targets of attacks and threats, which usually lack an adequate reaction, while the perpetrators of these attacks and threats are seldom found, or convicted, and even if they are processed, the penalties imposed on them are at the limit of the legal minimum, or even below it. The Media Coalition therefore believes that it is essential to keep this provision in the Law and thus provide greater safety and protection to journalists, especially given the importance of their profession for the exercise of the right to be informed and freedom of expression. Otherwise, if this provision is omitted, the minimum prescribed sentence for threats against journalists will be four times decreased, which could only encourage perpetrators and further jeopardize the safety and position of journalists.

The Media Coalition expects that the relevant Ministry and the Parliament's members would acknowledge these arguments and adopt the Coalition's proposed amendment to the Proposed Law on Amendments to the Criminal Code.

The Media Coalition are media and journalists' associations - ANEM, NUNS, UNS, NDNV and Local Press.