26. 05. 2014

OMBUDSMAN: CRITICIZE FREELY, CENSORSHIP IS PROHIBITED BY THE CONSTITUTION

Belgrade, 26.5.2014 (Beta, Novi Magazin) - The Ombudsman Saša Janković expressed concern today over ever more frequent cases of retracting information and criticism from media outlets and the information space, and told the citizens that in Serbia the right to freedom of opinion and expression is guaranteed, and that censorship is forbidden by the Constitution.

Janković said in a statement that everyone has the freedom to be critical, to be a critic, to be an optimist and a pessimist, to believe or not to believe, to support or oppose, to scorn, glorify or be indifferent, to be silent or to speak, and to freely and openly seek, receive, give, share, and spread attitudes and ideas.

"The state and all of its bodies are obliged not only to refrain from interfering in this freedom themselves, but they have to protect it from any attacks and encourage its fulfillment. Freedom of expression can be restricted only if necessary to protect the rights and reputations of others, uphold the authority and impartiality of the judiciary and protect public health, morality of a democratic society and national security, but this cannot be done by anyone, but only by the legally authorized bodies in a procedure prescribed by law," said the Ombudsman.

The Ombudsman pointed out in the statement that everyone has the right to be informed on matters of public interest, and that it is the duty of the state and all government bodies to inform citizens about these issues in a true, complete, and timely manner.

"The duty of public bodies is to present facts about their work to citizens and create conditions for their work be freely commented by the citizens, instead of state bodies and officials evaluating their own work and commenting on the behavior of citizens, while citizens are looking for facts and performing the work from the jurisdiction of state bodies and services, " said Saša Janković.

According to him, no one should prevent dissemination of information through mass media, which today includes the Internet along with traditional media.

Janković explained that dissemination of information and ideas can only be prevented if these call for the violent overthrow of the constitutional order or the violation of the territorial integrity of Serbia, propagate war or incite to direct violence or advocate racial, national or religious hatred, or incite to discrimination, hostility or violence. However, the prevention of dissemination of such information cannot be done by anyone other than a competent court, in a procedure prescribed by law.