22. 09. 2009

THE THIRD REPORT ON LEGAL MONITORING OF SERBIAN MEDIA SCENE

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ANEM presents the Third Report on Legal Monitoring of Serbian Media Scene for August 2009, conducted in cooperation with Law Office "Zivkovic & Samardzic". The monitoring is the primary activity within the project "Legal monitoring of Serbian media scene and Follow-up Activities", supported by USAID and IREX Serbia.

This Report, as well as all previous ones, strives to facilitate the identification of problematic issues and shortcomings of the media legislation and practice, providing guidance for their overcoming. Monitoring includes the key issues for the media sector: the respect of rights to freedom of expression; regulatory framework (implementation of existing laws and adoption of new ones); work of state authorities and other competent bodies and organizations; the transitional processes of privatization and digitalization. Specific data, their expert analysis and expert legal opinion on the media situation in the period observed, can serve as a suitable basis for taking concrete measures in order to improve the entire media environment.

The monitoring conducted in the field of freedom of expression points to various violations of this freedom in the specified period as well. Thus, for example, contrary to regulations, some journalists were denied the right to information on the work of an authority or access to certain events and press conferences. Furthermore, the case of refusing cable distribution of a program to a broadcaster by a distributor is also indicative and RBA should worry the RBA. Monitoring of the judiciary practice recorded the ruling in favor of journalist, but also an interesting case that the court has changed the approach to the question of its own competence in the new case, with the same factual grounds as the earlier one by which the court acted.

In the field of implementation of existing laws, specific observations are given regarding the implementation of the Broadcasting Law, through the activities of the RBA and the Law on the Protection of Personal Data, through information provided by the Commissioner for Information of Public Importance and Personal Data Protection in his review of activities for the month of August 2009.

In the period observed, changes regarding the adoption of new laws were also monitored. The most important for the media was the adoption of controversial Amending Law to the Law on Public Information as well as the adoption of the Law on National Councils of National Minorities, which have significantly altered the regulatory framework for the media. The Report particularly detailed on the Draft Law on Data Secrecy, and the Draft Law on Illegal Media Concentration and Transparency of Media Ownership, because both laws can affect the work of media.

Monitoring of the work of competent authorities in this period included the observing of activities of regulatory bodies, state bodies and collective societies for protection of copyright and related rights. This Report contains numerous collected data and facts, as well as their expert analysis. Monitoring of the implementation of the Government's emergency measures to assist the media in conditions of economic crisis is an important part of this Report.  By the failure to implementation of these measures, precisely their insufficient realization, the Government is bringing into question the importance and the purpose of its measures.

The digitalization and privatization processes as important processes of media transition keep on demanding the special monitoring because of their significant importance for media. It seems that the process of digitalization, after adoption of the initial Acts is being stopped and that is left the space for freely interpretation and acting of Public Broadcasting Service contrary to adopted plans and standards, as well as regulations. Unfortunately, the privatization of media is yet only the topic of different meetings, but not the subject of the work of authorities, which should enable the completion of this process, without further delay.

The Conclusion of this Report contains the assessment of media situation in Serbia for the period observed, as a result of expert's analysis of all data collected by legal monitoring of the most important aspects of media scene.

The Third Monitoring Report, for August 2009, can be downloaded, fully or partially, with click on selected down listed section:

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