26. 10. 2009

FOURTH REPORT ON LEGAL MONITORING OF SERBIAN MEDIA SCENE

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The Fourth Report on legal monitoring of Serbian media scene, for September 2009, made by expert team of Law Office "Zivkovic & Samardzic" in cooperation with ANEM, is available on ANEM web site as of today. Legal monitoring of Serbian media scene and follow-up activities are the substance of identically-named ANEM project, supported by USAID and IREX Serbia.

The Fourth Report, as well as all previous ones, is a treasury of important data and facts as well as their expert evaluation. The special values of the Report are the legal opinion and analysis on all important media issues for the period observed. This Report is concluded on September 30, 2009.

In the part of the Report concerning the monitoring of freedom of expression in the reporting period, there are several characteristic examples of the violation of this right. We find the "Kurir" case interesting, where are indisputably clear indications that the restrictions of freedom of expression in this particular case were excessive. In the judiciary practice, the Supreme Court's verdict and its explanation, in the case Tijanic VS YUCOM, represents a precedent that may negatively affect the freedom of expression.

The Report also contains the facts regarding monitoring of implementation of existing laws: media Law on Public Information and three not strictly media laws which partially go deep into the field of media - the Law on Free Access to Information of Public Importance, the Law on the Protection of Personal Data and Law on National Councils of National Minorities. Along with data, there are experts opinion too.

The part of Report about adoption of new laws gives the particular analyses of the amended Criminal Code. This Law designates the "professions of importance for public information" as "professions of importance for the public", which are accordingly protected by a stricter penal policy. At the same time, it regulates differently the reporting on current legal proceedings so as to make it potentially more risky for journalists.

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. What kind of activities these competent bodies have or have not conducted in the period observed, find in more details into Report.

The digitalization and privatization processes were also the subject of this Report. As for digitalization in reporting period, PBS had the first live transmission in HD on September 9, 2009, violating the regulations and technical standards as well. In the field of privatization, the confusion becomes deeper due to the contradictory message the government is sending through its highest officials.

The Conclusion of this Report contains the most significant findings of expert team which are the results of conducted legal monitoring of Serbian media scene in the reporting period.

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

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