29. 09. 2010

ANEM PROPOSALS OF AMENDMENTS TO CODE OF CONDUCT FOR BROADCASTERS

Republic Broadcasting Agency (RRA) adopted a Code of Conduct for broadcasters in 2007, as a binding way to regulate a variety of issues in the field of program contents of broadcasters. Since then, the practice has shown many shortcomings of the Code that hinder its application, as well as that some solutions are either not good or not in line with national and international regulations / standards and thus that represent a limitation of freedom of expression.

Representing the interests of its members, and considering that for them, as well as for all electronic media, the requirements of the Code are very important, whose disrespect is the basis for the imposition of measures that the Agency may take, ANEM submitted, back in February 2010, its suggestions to the RBA, for systemic changes to the Code. After that, in September, ANEM also submitted to the RBA its proposals for concrete amendments to the Code of Conduct for Broadcasters, aiming to improve the provision of the Code.

The essence of ANEM concrete amendments to the Code:

• in the introductory provisions, the legal basis of the Code is determined in a different way, by specifying all relevant regulations (which the RBA needs to respect while adopting and implementing this act and not just the Broadcasting Act, as it has been the case) in order to ensure greater protection of the rights guaranteed by the Constitution and other local regulations, as well as rights guaranteed by generally accepted rules of international law and ratified international treaties
• general obligations of broadcasters, referring to compliance with the conditions of the license, the obligation of identification, compulsory production quotas and prohibition of party affiliation, should be deleted as unnecessary, as they are clearly defined by other regulations
• some guidelines that closely regulate the issues of program content should be deleted, either because these issues are already clearly defined by other regulations or instructions of the Agency, therefore are unessential, or because they are dealing with something that is the matter of self-regulation and professional associations, so they represent a limitation of freedom expression
• all instructions that remain, have been changed, in order to comply with valid regulations and to ensure that they do not interfere, as it has been the case, in an illegal or inappropriate manner, in a matter governed by other regulations, by prescribing more stringent or different rules
• many of the terms are specified, or deleted as inappropriate or unnecessary, which contributes to easier understanding and application of these rules
• exceptionality, and not the rule of double sanctions, as it has been the case - the Agency may impose sanctions only exceptionally in case of serious or repeated violation, if it is possible to lead the proceedings for the same violation before a competent court or other authority body
• proportionality of sanctions - in imposing measures, the RBA has to take into account the proportion between the violation and the sanction imposed and must comply with relevant criteria that are clearly defined by these amendments
• the rules of the use and interpretation of the Code's provisions are specified, which enable greater protection of rights guaranteed by domestic and international regulations and standards

The integral proposals of Amendments to the Code of Conduct for Broadcasters (available only in Serbian) see here