The OSCE presented different arguments regarding the candidates for the REM Council than those put forward by the authorities.

Three months after the selection of the new Council of the Regulatory Body for Electronic Media (REM) was halted due to disagreements between civil society representatives and the Committee for Culture and Information regarding which proposers and candidates meet the legal requirements, progress has been made in this process.

The Organization for Security and Co-operation in Europe (OSCE) has submitted a report addressing all questions arising from the heated debate in the National Assembly of Serbia concerning the proposers and candidates from the remaining two categories.

To a large extent, the OSCE agreed with the assertions made by civil society representatives during discussions with the ruling majority.

This report, which the Assembly President Ana Brnabić announced in an interview with Cenzolovka in August and described as "an expert and independent analysis," is crucial for the continuation of the process and opens the possibility for the Council of REM, which has been non-existent for 11 months, to finally be elected.

It is unclear whether Brnabić feels the same about this report after reviewing it, which contradicts the claims made by the ruling coalition at the last Committee meeting, which ended without a final list of proposed candidates due to a complete disagreement on the positions in two categories of proposers.

According to Cenzolovka, the OSCE presented this report yesterday, October 1, at a closed meeting attended by Brnabić and representatives of the candidates and proposers.

Following this presentation, a session of the Committee for Culture and Information is expected, during which the OSCE's recommendations will be discussed.

THE GOVERNMENT WANTS TO MAINTAIN CONTROL OVER THE REGULATOR

During a two-day session of the Committee for Culture and Information held in early July, which was attended by proposers from non-governmental organizations, representatives of the international community, and the diplomatic corps, candidates for members of the REM Council were agreed upon in seven out of nine categories in a seemingly constructive atmosphere.

After a heated debate on the second day, which ended with the departure of dissatisfied representatives from the civil sector, candidates were not agreed upon in two categories of proposers – associations of composers and associations of film, stage, and dramatic artists, as well as associations for child protection.

There was a disagreement over whether valid proposers could be associations of artists creating visual or literary works. While non-governmental organizations argued that comic artists do not meet the criteria to be proposers because they do not create audiovisual works, members of the ruling majority argued that films are made from comics, and films are broadcast on television, which qualifies comic artists as proposers.

The same arguments were made by non-governmental organizations regarding playwrights and writers, while the government insisted that they are also practitioners in the field of dramatic arts, which is mentioned in the law, and that they can also be proposers.

NGO representatives expressed serious doubts that the government was trying to impose its candidates in this way to maintain control over the REM Council.

At the very beginning of the process, MPs from the Serbian Progressive Party openly stated that they would not relinquish control over REM.

"The agreement was to have six of ours and three of theirs. The international community approved this," one SNS MP stated at the last Committee meeting, not caring that journalists were present.

NGO representatives emphasized in the second, repeated, process that they are fighting for a REM that would, as the law requires, be an expert and independent body.

Are comic artists and playwrights valid proposers?

The OSCE in its report, which Cenzolovka had access to, sides with non-governmental organizations and highlights authors and performers of audio or audiovisual works as proposers who meet the legal requirements for this process.

"The formulation in the law 'associations of film, stage, and dramatic artists and associations of composers' indicates a common characteristic of all these artists: audiovisual or audio performance as the basis of their activity. It is important to emphasize that the term 'dramatic' in the expression 'stage and dramatic artists' is used almost as a synonym for 'stage' and aims to include all performers outside the film industry.

In other words, the provision is formulated to include audiovisual and audio performers – whether they perform in film, TV series, theater (live or on screen), at concert venues, or elsewhere," states the OSCE, adding:

"If the legislator's intent was to include only creative professionals who produce exclusively visual or literary material (including drama as a form of written literary work), the relevant provision of the Law would contain clear references to visual artists, illustrators, writers, playwrights, etc., given that this provision is otherwise formulated in sufficient detail."

Therefore, the OSCE recommends that associations not engaged in performing arts be excluded from the list of proposers and that this category be limited to proposers from associations of performing arts.

OSCE: Protecting children is important, but so is their education

In the category of associations for child protection, one of the dilemmas is whether only those organizations that deal with the protection against physical or mental violence, abuse, bullying, etc., can be accepted as proposers, or if this concept needs to be interpreted more broadly.

The OSCE emphasizes that the media regulator should consist of relevant experts necessary for its effective operation, and that one of the regulator's functions is to understand and promote content needed by various segments of "a democratic, diverse, and pluralistic society, with due regard for the voices and media needs of minorities and vulnerable groups."

In addition to those associations specifically engaged in child protection, the OSCE states that valid proposers should also include those organizations tackling other issues beneficial for children, such as development and education.

"This approach is supported by the logic of the media's threefold function: to inform, educate, and entertain. In this triad of functions, 'educate' stands out as a particularly important function for children's development," the report states.

The OSCE emphasizes that if the concept of child protection is interpreted narrowly, it would "deprive the future regulator of the expertise regarding audiovisual content that would be necessary and useful for the development and education of children, including education for democratic citizenship and education on human rights."

In response to questions arising from the discussions between representatives of the government and civil society at the last session of the Assembly's Committee for Culture and Information, the OSCE recommends:

– that the Committee interpret the statutes of proposers broadly, where, for instance, organizations for child protection could also be those whose statute states "protection of human rights," provided they can prove that they have implemented projects relevant to the area of protection or development of children;

– that the Committee interpret "projects" that proposers have implemented, which are the required minimum for participation in the selection process for the REM Council, as a continuous endeavor lasting a certain period of time, encompassing a series of related activities or one ongoing activity (e.g., pro bono SOS line) and yielding results, but not one-time events and individual actions lacking a longer duration;

– the Committee should take into account that, according to international standards, all individuals under the age of 18 are still considered children and that associations working with adolescents and young people are recognized as authorized proposers, provided they can prove that among their regular users there are minors.

The next step in this process should be scheduling a session of the Committee for Culture and Information, which needs to decide whether to adopt the OSCE report. If it does, it should also decide how to proceed in accordance with it.

Once the final list of candidates is established, for each category where there are more than two proposed, meetings of proposers will be organized. They are to agree on two candidates to enter the parliamentary procedure.

After that, the Assembly will vote to elect one candidate from each of the nine categories for membership in the REM Council.

Source: Cenzolovka