Amendments to media laws pose a threat to investigative journalists.

Amendments to the Law on Public Information and Media were supposed to strengthen the position of journalists, but the opposite is actually happening, says Rade Đurić, a lawyer from the Independent Journalists' Association of Serbia (NUNS), for KRIK. Two articles are particularly contentious – one that mentions the presumption of innocence, and the other that pertains to reporting on criminal proceedings, which introduces new securities and guarantees for defendants, to the detriment of journalistic reporting.

The introduction of terms that previously did not exist in this media law should not have occurred, says Đurić, adding that they will directly complicate the future position of journalists.

“The European Commission requested that the ministry further strengthen the position of journalists, but they have actually jeopardized it by introducing new terms, contrary to what was discussed in the working group. They have literally only made the future position of journalists more difficult,” Đurić tells KRIK.

He assesses that these changes will lead to new lawsuits, which investigative journalists are already overwhelmed with, as they will only assist individuals who believe they have been harmed, at the expense of journalistic reporting and the public's right to know.

“That is a direct consequence. Given that something has been introduced that did not realistically exist before. We cannot speak about what the presumption of innocence is in this regulation, but rather refer to it and further shift the boundary regarding the amount of information that journalists can publish, but with these amendments, that boundary has been shifted backward,” he concluded.

Local Press journalist Marija Obrenović agrees with him.

“Article 85, which concerns reporting in criminal proceedings, is restrictively set. According to it, journalists can report on criminal proceedings only when they receive information of public significance and when the information is presented at the main hearing,” says Obrenović.

This means, she points out, that journalists will not be able to call the court spokesperson or the presiding judge to inquire about the progress of the proceedings because doing so would then violate the law.

The way in which changes to media laws are carried out – through an accelerated procedure and at the last minute – also poses a problem, she emphasizes.

“When a strategy needs to be adopted, everything stands still and the ministry sits on the amendments, and then they give us deadlines of a few hours for the changes they have made,” concludes Obrenović.

The same issue is raised by lawyer Gordana Konstantinović from the Journalists' Association of Serbia.

“What is most contentious is that the ministry presents something as a result of working groups, while it is not the result of working groups,” says Konstantinović.

Amendments Behind Closed Doors

Ten days ago, the Ministry of Information presented a set of proposals for amendments and supplements to three media laws to the representatives of the working groups: the Law on Public Information and Media, the Law on Electronic Media, and the Law on Public Media Services. Journalistic and media associations that have representatives in the working groups reacted with statements highlighting numerous irregularities and falsehoods.

The Journalists' Association of Serbia (UNS) stated that the working group for drafting the amendments to the Law on Public Information and Media never received the final version of the draft text it was working on, nor is it aware of what text the Ministry sent to the European Commission.

“UNS emphasizes that what was presented today as an agreed draft text of the Working Group and the European Commission does not represent the text prepared by the Working Group,” the association stated at the time.

The Coalition for Media Freedom, which is part of the working group, requested that a public discussion be held since no discussion was held regarding two out of three proposals. The ministry rejected this proposal and responded in an email that the European Commission confirmed that the amendments to those drafts were aligned, and requested members of the working group to submit their comments within 48 hours.

“This approach undermines democratic procedures and disenfranchises all participants in the media community,” stated the Independent Journalists' Association of Serbia (NUNS) at that time.

Assembly President Ana Brnabić announced that the proposals for amendments to the media laws would be presented to the MPs at the beginning of next month.

Source: KRIK