ANEM ALARM: Court rejects request to temporarily ban the release of the propaganda film about Veran Matić.
The Basic Court in Novi Sad has rejected the proposal for the imposition of a temporary measure prohibiting the publication of claims from the propaganda film by the Center for Social Stability, in which falsehoods about Veran Matić are presented, thereby jeopardizing his safety. Judge Srđan Pupović issued a first-instance decision rejecting the proposal with a justification that deviates from the practice of the Basic Court in Novi Sad without a clear reason.
It also deviates from the practice of the Higher Court in Belgrade, which, like the Basic Court in Novi Sad in another proceeding, defended freedom of expression with the position that the whole must not suffer censorship due to the statements present within it. Judge Pupović states that the interim measure cannot be enforced because "there is no connection between the mentioned claim and the proposed interim measure, as the interim measure does not seek a ban on broadcasting or rebroadcasting the disputed documentary film Evil Era 2 - The Creation of Propaganda [...] but merely the use of certain statements from that film [...]". The judge believes that the interim measure requested in this manner "could not be enforced by coercion".
On the other hand, in the case of the lawsuit filed by journalists Jelena Obućina and Željko Veljković against the same defendant – the Center for Social Stability, the first-instance decision on the determination of the interim measure issued by the same court prohibits the defendant from using precisely the statements made in the broadcast that discusses these journalists. The decision states that the interim measure "achieves the purpose of securing the claims of the plaintiffs".
The Higher Court in Belgrade, in a case involving a request for an interim measure prohibiting broadcasting, stated that "the plaintiff did not provide specific information [...] for which the prohibition of publication is requested". By seeking a ban on publishing "the texts in their entirety", it was stated: "this would limit the freedom of public information as a right not only of the media but also of all citizens". The acceptance of such a request, in the court's opinion, "would represent censorship of the media".
Regarding the refusal of the proposal for an interim measure to prohibit the publication of statements from a propaganda film in which falsehoods about Veran Matić are presented and his safety is jeopardized, in addition to the aforementioned deviations in the court's practice, it should be noted that the court completely ignored what the plaintiff presented: that the Center for Social Stability announced that it would again deal with Veran Matić in the upcoming episode, which will last 90 minutes.
Instead of this information, the judge turned to the disputed broadcast and determined the following: "By carefully monitoring the content of the disputed documentary film 'Evil Era 2 - The Creation of Propaganda' and specifically the very end of that documentary film, the court found that a continuation of the series has been announced, but it has been announced that the analysis of the work and actions of some third parties will be provided in that continuation, not of the plaintiff here".
For all these reasons, Matić will appeal the decision.
Association of Independent Electronic Media (ANEM)
The project "Improvement of the system for the prevention and response mechanism in cases of threats to the safety and life of journalists in Serbia" is being implemented by ANEM with partners Insider TV and the Center for the Development of Local Media, with the support of the European Union.
