28. 12. 2006

COURTS NOT TO HAMPER COMPETENCE OF REGULATORY BODIES

Belgrade, December 28, 2006 – The Association of Independent Electronic Media (ANEM) strongly protests over the confiscation of broadcasting equipment of Mladenovac based RTV M Plus, ANEM member station.

While Serbian Broadcast Agency (RRA) and Serbian Telecommunication Agency (RATEL) try to put into practice the decisions of the public competition for broadcast license issuing on the territory of Belgrade, dealing with revolt and radio piracy, the authority of independent regulatory bodies has received another, rather severe, blow in Mladenovac.

Acting upon the complaint of the Public Company for Information Mladenovac, on the basis of property intrusion, which was in fact only a disguise for the charge of damaging jamming, the Municipal Court in Sopot brought provisional measure, without any proceeding, to confiscate the broadcast equipment of RTV M Plus, even though RATEL has the absolute competence to deal with such complaints. The provisional measure was put into practice, so as of Wednesday, this station does not broadcast on one of its two radio frequencies and TV channel.

In a situation where RRA is the only body empowered by the law to pass on measures for broadcasters, including the measure to seize licenses for broadcasting, and RATEL authorized for passing measures of preventing damaging jamming, ANEM is strongly convinced that the interference of other unauthorized bodies is utterly unacceptable. The courts have the right to review decisions brought by independent regulatory bodies in cases that are in line with the Administrative Dispute Act, but not to deal with issues of damaging jamming in lawsuits for property intrusion.

ANEM notes that this is a drastic case of freedom of speech suppression. The Association thus urges legal bodies to respect competence of independent regulatory bodies and to revise evidently wrong decision brought by the Sopot Municipal Court without delay. ANEM also urges regulatory bodies to enable RTV M Plus to continue program broadcasting, particularly paying attention to the fact that public competition for license issuing for program broadcasting on local level is yet to be announced.

Sasa Mirkovic,
Chairman of ANEM Managing Board