28. 06. 2010

TENTH MONITORING REPORT

The Tenth Monitoring Report of the expert team, which is the result of the April legal monitoring of the media scene in Serbia, contains facts and analysis about the most important events in the media sector in this period. We point out the most important findings:

I Freedom of expression - the period to which this Report relates, was marked by frequent attacks on journalists and the media, especially local ones, inadequate or slow processing and sanctioning of their perpetrators, as well as two first instance court decisions that might have a negative impact on freedom of expression and particularly influence the strengthening of self-censorship in the media. Also interesting were two cases related to the RTS, whose actions could be characterized as a threat to freedom of expression (first case) or as its abuse (second case).

II Implementation of existing laws - the Report deals with the implementation of the 2 basic media laws, the Law on Public Information and Broadcasting Law, as well as the Law on Free Access to Information of Public Importance and the Law on Local Government. For media laws, it can be concluded that growing disrespect for their provisions results in deterioration in the exercise of freedom of expression. To such situation contributes the poor implementation of two other laws that are not media laws, but still affect the position of the media. In Serbia, as many as 140 public authorities do not consistently apply the Law on Free Access to Information of Public Importance, which significantly affects the work of the media, while uneven practices of local self-governments in financing of local media are the cause of the unequal position of the media, unfair competition and pressure on local media.

III Adoption of new laws - in this period, the Serbian Government has adopted and urgently forwarded Draft amendments to the Law on Free Access to Information of Public Importance to the Parliament for adoption, which entitle the Commissioner for Information of Public Interest to financially punish those responsible for the failure of his decision. This is a positive shift in the authorities' position to exercise the right of access to information of public importance, and if adopted, the amendments should contribute to greater fulfillment of this right, which is important for the media, too.

IV Work of competent authorities - the Report shows that the regulatory bodies exercise their competence, and that there is some progress in this area, especially when it comes to the regulatory capacity of the RBA. The Serbian Parliament was considering, but did not adopt four laws in the telecommunications sector, which should provide for a transition from analogue to digital broadcast of television programs, as well as Amendments to the Law on Observing the Day of Mourning, with which the RBA would get the right to supervise the implementation of this law by broadcasters. The Ministry of Culture recognized the importance and supported the Regional Conference of Broadcasters, organized by IJAS (NUNS), dealing with identifying the reasons that led to the lack of cultural exchange of television content in the former Yugoslavia and the establishment of the way to overcome this problem. The negotiations of collective organizations and broadcasters, separately conducted with OFPS/PI and SOKOJ, failed in both cases out of the same reason - due to the inflexibility of attitudes of negotiators on the amount of tariff and non-acceptance of collective organizations to introduce payment grades for broadcasters in line with the scope of using the subject of protection. None of the activities of the competent authorities in this period did significantly improve the position of the media, or the situation in the media sector.

V Digitalization and privatization - There is still no progress in these areas. The delay in implementation of the Digitalization Strategy, non-existing legal frame for digital broadcast of television programs in Serbia and failure to appoint the director of the Public Company "Broadcasting Equipment and Communications", seriously threaten the entire process of digitalization. The privatization of media is still resolved on a "case by case" basis, by application of the provisions of the general rules governing privatization and bankruptcy, without sufficiently taking into account the particularities of the media profession.

VI Conclusion - this Report as well sums up with an outlook of the expert team regarding the most important events for the media sector in this period and their viewpoint of what were crucial issues that obstruct the improvement of the legal framework and creation of a favorable environment for the media.

The Tenth Monitoring Report for April 2010, written by an expert team of the Law office, "Zivkovic & Samardzic", in cooperation with ANEM, is available here, in whole or in part, by clicking on the selected section below.

Section FREEDOM OF EXPRESSION here
Section MONITORING OF THE IMPLEMENTATION OF EXISTING LAWS here
Section MONITORING OF THE PROCESS OF ADOPTION OF NEW LEGISLATION here
Section MONITORING OF THE ACTIVITIES OF REGULATORY BODIES, AUTHORITIES AND COLLECTIVE ORGANIZATIONS here
Section MONITORING OF THE DIGITALIZATION AND PRIVATIZATION PROCESSES here
Section OVERALL CONCLUSION here
The COMPLETE REPORT can be downloaded here