07. 03. 2014

YOU HAVE A RIGHT TO HAVE YOUR VIDEO REMOVED

As many issues regarding the case of the "censorship" of the parody Superman in Feketić remained unresolved, SHARE Foundation pressed criminal charges and sent to RTS a request for access to information of public importance which should shed light on the role of the national public service broadcaster in the removal of the satirical content from the Internet.

In the response to the request, in its usual habit of communication with the public and the citizens (who finance it), RTS avoided to provide answers to 7 simple questions that could remove any doubt regarding the responsibility of the public service broadcaster in the attempt to censor content on the Internet.

The only thing that is clear is that there is not a signed contract between the company "KVZ Music" and RTS and that the company is currently engaged "with the aim of testing administrative authorizations", in order to "protect the official Internet profile of RTS" from illegitimate takeover, i.e. that a "test phase" of the relationship between "KVZ Music" and RTS is ongoing. How is it possible that the public service broadcaster hires a private company to represent it in the Internet space, without a written trace or a contract which would confirm the relationship?

In the remainder of the response, using bureaucratic language and phrases, RTS attempted to avoid any explanation which would clarify its role in the disputed event. RTS responded that the decision to hire the company (KVZ), and the one on removing the content, depend on "the assessment of capacities" and "on the interpretation by the expert departments", and whether they are "in accordance with appropriate assessments". RTS entirely failed to respond whether it has to do in any way with the removal of satirical videos about a rescue action featuring Aleksandar Vučić.

We are of opinion that the RTS response prevented us from finding out its role in the event of February 1, 2014, when there was a clear case of limiting the right to free expression on the Internet. The question remains who authorized the company "KVZ Music" to request removal of video clips from YouTube. Legal grounds for the removal, according to our legislation, but also according to the YouTube rules, presuppose the existence of written approval, i.e. a contract which would transfer the right to remove the content. If such an approval does not exist, then "KVZ Music" ordered the removal of the video clip on its own initiative.

SHARE Foundation will repeat the request for information in the attempt to get the answers, while it will also file a complaint to the Commissioner for Information of Public Importance and Personal Data Protection regarding the obtained RTS response.