What do the media violate by publishing intimate recordings, and to whom and how can one file a complaint?

What are the laws?

Article 144 of the Criminal Code stipulates that "whoever unlawfully makes a photographic, film, video, or other recording of a person and thereby significantly intrudes into their personal life, or who hands over or shows such a recording to a third party, or otherwise allows them to become acquainted with it, shall be punished by a fine or imprisonment for up to one year."

Additionally, Article 145 of the same law states:

"Whoever publishes or displays a document, portrait, photograph, film, or recording of a personal nature without the consent of the person who created the document or to whom it relates, or without the consent of the person depicted in the portrait, photograph, or film, or whose voice is recorded on the recording, or without the consent of another person whose consent is required by law, and thereby significantly intrudes into the personal life of that person, shall be punished by a fine or imprisonment for up to two years."

The same actions by the media are also governed by the Law on Public Information and Media. This regulation in Article 90 emphasizes that "the publication of information that violates honor, reputation, or dignity, or depicts a person in a false light by attributing characteristics or qualities that they do not possess, or by denying qualities or characteristics that they do possess, is not permitted if the interest in publishing the information does not outweigh the interest in protecting the dignity and right to authenticity, especially if it does not contribute to public debate about the phenomenon, event, or person to whom the information relates."

Article 91 stipulates that "information from private life, or personal records (letters, diaries, notes, digital records, etc.), recordings of likeness (photographic, drawn, filmed, video, digital, etc.), and recordings of voice (magnetic, gramophone, digital, etc.) may not be published without the consent of the person whose private life the information concerns, or the person whose words, likeness, or voice it contains, if it can be concluded from the publication which person it is."

How is the Journalists' Code of Serbia violated?

The display of intimate recordings in the media also violates several ethical and professional standards set forth in the Journalists' Code of Serbia.

According to this document, journalists must respect the principle of not causing harm to the reputation and dignity of individuals and must not participate in spreading falsehoods or in the ongoing malicious damage to the reputation of the people they report on.

Journalists must also respect the privacy of the individuals they write about.

In gathering data, photographs, documents, audio and video recordings, and their publication, as emphasized in the Code, journalists must use only honorable means.

"Journalists and editors must not publish materials obtained through hidden cameras, eavesdropping devices, or unauthorized listening or recording, except when it protects the public interest, e.g., publishing information about threats to the life and health of the population, corruption, abuse of power, and similar issues. Such exceptions are applied in accordance with the rules established by this Code," states the Code.

To whom and how to file a complaint?

In the case of TV and radio content, individuals and legal entities have the right to submit complaints to the Regulatory Authority for Electronic Media (REM) regarding program content and the behavior of broadcasters if they believe that such programs offend or jeopardize their personal interests or the public interest.

The competent Professional Service of the Agency immediately forwards the submitted complaint or objection to the broadcaster for their response. The broadcaster is required to respond to the submitted complaint or objection within 15 days.

"If the broadcaster does not respond or informs REM that the complaint is unfounded, and the REM Council still considers it justified, the Council is obliged to take appropriate measures against the broadcaster and inform the complainant of how they can legally protect their interest," states the REM Statute.

Complaints and objections can be submitted through the REM website at this link.

Regarding printed media and portals, the Press Council has a Complaints Commission that decides on complaints about texts, photographs, and other content.

Every individual, organization, or institution directly affected by the published content may file a complaint with the Council. Complaints on behalf of a minor child can be submitted by the child's parents or guardians or a third party with written consent from the parents or guardians.

If the published content violates the rights of a specific group of people, a human rights protection organization may submit a complaint.

Citizens affected by the content may complain about texts and photographs published in daily and periodical print media, on their websites, as well as on informational portals and news agencies, including letters or comments from readers.

Complaints are filed for violations of the Journalists' Code; therefore, it is necessary to review the Code before submitting a complaint.

The Council does not accept complaints regarding content from printed media that have been published for more than three months, while complaints about online media content can be filed as long as that content remains publicly accessible.

You can send your complaint to: Press Council, Kraljice Natalije 28, 11000 Belgrade, or via email to: office@savetzastampu.rs or zalbe@savetzastampu.rs, or by filling out the form at this link.

In cases of violence against women, as well as revenge pornography, assistance and support are available from organizations such as the Autonomous Women's Center and OsnaŽene. The phone number for legal assistance from AWC is 0652656178, and the email address is pravnapomoc@azc.org.rs. Psychological assistance and support from the organization OsnaŽene is available at the phone numbers 0637674169 and 0658196872 and can be scheduled every working day from 11 AM to 6 PM.

Source: ANEM