13. 08. 2014

MEDIA LAWS COME INTO FORCE

The adoption of media laws, envisaged by the Media Strategy of 2011, had been postponed for years. The reason could be in the lack of political will of the state to face the problem, but also to give up on the influence which financial control over media provides.

The laws were adopted after a positive assessment from Brussels, which is important in the context of the European integration of Serbia considering that the media are among the priorities in the EU Enlargement Strategy.

Head of the EU Delegation to Serbia, Michael Davenport, assessed the adoption of the laws as a positive step, but he also warned that consistent implementation of the laws will be of crucial importance.

The warning gains in importance having in mind that proper implementation of laws in Serbia is often absent or late.

The new laws should bring predictability to the Serbian media and the opportunity for them to work under equal conditions and with clear standards.

Financing as Key Element

Currently 81 media outlet awaits privatization. About 25 million EUR is spent on their operation.

It is a large amount for the Serbian media market and its allocation without clear rules brings media into unequal position and enables state influence on the content of the media which receive state funding.

A drastic example is the news agency market, where the state agency Tanjug operates. It receives 1.9 million EUR yearly from the state, while two private agencies - Beta and FoNet - operate without such support.

Withdrawal of the state from the ownership in all the media, except in the case of public service broadcasters Radio Television of Serbia (RTS) and Radio Television of Vojvodina (RTV), is prescribed by July 2015. If a buyer is not found, the capital will be offered to employees.

Within the next 30 days the media should submit the initiative for privatization, after which there is almost 3 months for the decision on the privatization method.

The state funding will be used for projects, in the amount of 80% of money needed for a project. 

The Journalists' Association of Serbia asked that the law prescribes that local self-autonomies have to use at least 2% of money for funding media projects, but the request was not adopted. The Association thus thinks that local media could be in an unfavorable position.

Without TV Subscription

Public service broadcasters RTS and RTV will have budgetary financing until 2016, after which they are to be financed from the tax in the amount of 500 dinars a month.

Some associations and experts thought that it would be good to keep local public service broadcasters, but the stance of the state was that there is not enough money for that.

Public service broadcasters will be managed by three bodies, as has been the case until now: Managing Board, director general and the Program Council.

The Law on Electronic Media is a precondition for digitalization process which should be implemented by 17th June 2015.

The most important novelty is the transformation of the Republic Broadcasting Agency into the Regulatory Body for Broadcast Media.

The new regulatory body will prescribe rules, control the work of and issue sanctions to the media service providers. It will submit yearly reports on its work to the Serbian Parliament.

The regulatory body will issue broadcasting licenses for the period of 8 years, with the right to revoke them if it establishes irregularities.

Transparency

The law envisages changes in the media register, managed by the Serbian Business Registers Agency.

The envisaged transparency of ownership means that documents will be registered which contain information on legal entities and private individuals who directly or indirectly hold more than 5% share in the founding capital. Additionally, the public should gain insight into the money that the media received from the state as this will also be listed in the register.

There had been requests by associations to register the money from other sources as well, such as from donations.

The laws envisage the ban on censorship, the rules preventing excessive media concentration, and higher tolerance of public office holders to media criticism.