02. 06. 2014

RBA: KRISTIAN CAN BE ON TV

Belgrade, 02. 06. 2014 (Tanjug) - The Republic Broadcasting Agency (RBA) concluded that broadcasters did not violate laws by airing shows with Aleksandar Kristijan Golubović.

The Republic Broadcasting Agency concluded that broadcasters of recent shows where Aleksandar Kristijan Golubović appeared, a person with an extensive criminal record, did not violate the Broadcasting Law and the Code of Conduct for Broadcasters.

The decision was based on the Broadcasting Law and the Code of Conduct for Broadcasters, but also on the Constitution, the Law on Ratification of the European Convention for the Protection of Human Rights and Fundamental Freedoms, and the Law on Liability for Human Rights Violations, according to a decision published on the RBA web site.

The RBA Council reached its decision after meetings held with representatives of Happy TV, TV B92, TV Pink, and TV Prva and reviewing complaints regarding shows "Ami Dži šou" and "Teška reč" of TV Pink, show "Bulevar" of TV B92, shows "Explosive" of TV Prva, and show "Goli život" of Happy TV in which Golubović was a guest.

In deciding to suspend proceedings and not impose measures against broadcasters, the Council was led by the European Audiovisual Media Services Directive, which states that the regulator cannot depart from the principle of free flow of information and ideas, and from the independence of broadcasters, which represents a necessary foundation for their broadcasting policy.

Although a part of the public believes that the very appearance of convicted persons on television programs is affirmative of crime and represents a violation of the law because it threatens the moral development of minors, positive legislation guarantees full freedom of speech for all citizens under the same conditions, states the Council and points out that the fact that a person has been convicted of a criminal offense cannot automatically be used for reduction of his human rights.

It is pointed out that the reduction of human rights can only occur when it is prescribed by the Constitution and lesser laws, but that they cannot be restricted by media editors, associations or the media regulator because they would thereby violate the Constitution and the Law on Liability for Human Rights Violations.

The Council believes that the participation (in TV shows) of persons convicted of crimes or persons serving sentences is a question of ethics, and not of law, until a point when they affirm socially unacceptable behavior.

Representatives of broadcasters against whom the proceedings were conducted agreed with this attitude of the Council and gave assurance that they will make editorial decisions with greater care regarding similar programs.

The Council called on broadcasters to show a higher level of social responsibility because they use a public good - frequencies, which they were granted to use in order to meet program obligations to citizens.

Dealing with issues of re-socialization of convicted persons is a socially justifiable topic, but emphasizing own commercial interests over public ones, at the expense of consciously collapsing moral values in a society, is not acceptable, and the Council will, within its legally defined abilities, do all to stop this phenomenon.

The Council has asked the broadcasters to use special care when inviting guests into their programs and to invite them solely on the basis of their competence so as to avoid situations where showbiz personalities create public opinion by their assessments of serious social issues.

Likewise, the Council requested that broadcasters define genre affiliation of their shows more clearly and in this way separate different social areas.

The Independent Journalists' Association of Serbia (NUNS) reacted to yesterday's decision of the RBA, stating that it was disappointed by the decision to suspend proceedings based on complaints regarding the guest appearance of Kristijan Golubović on TV Pink, TV B92, TV Prva, and TV Happy.

NUNS assessed that referring to freedom of speech and the reduction of human rights cannot justify the fact that this person has perpetrated a number of serious crimes and spent nearly half of his life in prison. NUNS alleges that broadcasters sent a very dangerous message to the younger generation by using the context in which Golubović was presented.

Golubović (44) was sentenced in January before the Higher Court in Belgrade to 14 years in prison for participation in the sale of 150 grams of heroin in January 2010.

The verdict is not yet final, and the final decision will be made by the Court of Appeals.

From an early age Golubović is known in criminal circles, and especially for the shooting in the Majestic Hotel, when he threw the Belgrade underworld to its knees.

He was arrested several times, including in the police operation "Sablja," and tried as the leader of a criminal group which extorted 15,000 Euros from Petar Zečević, the owner of an agency in Sremska Mitrovica.

He is also known for escaping from the Greek Malandrino prison, where he served a 14.5 year sentence for armed robbery.