31. 10. 2013

ANEM COMMENTS ON THE DRAFT LAW ON ELECTRONIC MEDIA

Taking active part in the public discussion on the Draft Law on Electronic Media, in addition to participation in round tables in Novi Sad, Kragujevac and Belgrade, on October 31, 2013, ANEM submitted to the Ministry of Culture and Media its written comments on the Draft Law.

In the comments, ANEM made ​​the following general remarks on the Draft Law:

• it is necessary to refine the provisions relating to the regulatory body for the electronic media (Regulator) with regards to the strengthening of its expertise and independence;
• it is necessary to separate administrative and executive functions of the Regulator and therefore, in addition to the Council as a body that holds administrative functions, it is required to foresee another body - the director, as the holder of executive functions of the Regulator;
• specific provisions related to certain powers assigned to the Regulator should either be deleted or otherwise further specified, as there are no guarantees providing for the protection against its arbitrary treatment in making decisions on the rights and obligations of providers of media services;
• rules on the criteria for assessing the dominant influence on media pluralism are very rigid and discriminatory against the terrestrial broadcasting, therefore they shold be defined differently;
• it is necessary to foresee provision that will oblige the Regulator to consult with the Commission for Protection of Competition in the process of sector analysis and determining of illegal media concentration;
• it is necessary to foresee the powers entrusted to Regulator in case of "localizing" re-broadcast foreign programs by "interruptions" and inserting of domestic commercials;
• it is necessary to regulate more precisely certain institutes that are for the first time foreseen in the Serbian media laws, primarily the Institute of Audiovisual Commercial Communication;
• it is necessary to precisely define provisions relating to the civil society media, in order to prevent misuse of this type of media and the increasing distortion of competition in the media market.

Starting from the general remarks, ANEM has also made a number of concrete proposals for amending the provisions of the Draft, as well as provided the reasons for the proposed amendments. The proposals relate to: precise definition of certain terms used in the Draft (eg, electronic media, operator, etc.); addendum to the Draft with specific provisions governing all important issues relating to the selection, mandate, scope of work, responsibility and dismissal of director as the holder of executive functions of the Regulator; ensuring greater transparency of work of the Regulator; deletion of provisions on the powers of the Regulator over on-line media (Internet portals of radio and TV stations); prescribing the use of surplus of RBA revenues - for co-funding of projects aimed at meeting the public interest in the field of information; regulating the status of members of the Council and employees of the Regulator in a way that ensures their independence; treatment of self-regulation of media service providers as a purely voluntary mechanism; clear definition of what is not considered re-broadcasting of foreign programs, thus allowing the establishment of Regulator's powers in the case of "localizing" re-broadcast foreign programs; different definition of the criteria for determining threshold of illegal media concentration; specifying that the funds for providing media services by civil society media are to be secured with respect to the regulations for the protection of competition and state aid control, and so on.

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This advocacy activity was supported by the Civil Rights Defenders

You can read ANEM comments here (in Serbain).