08. 12. 2014

ANEM REACTS TO A PROVISION OF THE LAW ON AMENDMENTS TO THE LAW ON ROAD TRAFFIC SAFETY

Belgrade, December 8, 2014 - The Association of Independent Electronic Media (ANEM) joins requests addressed at the Ministry of Construction, Transport and Infrastructure to omit articles that unduly limit media freedoms from the Law on Amendments to the Law on Road Traffic Safety, currently being drafted.

According to media reports, the Working Group of the Ministry included in the draft of the said Law a provision which stipulates fines for and bans the presentation, i.e. promotion of the following in public information and advertising, and during broadcasting or distribution of program: unsafe and illicit conduct in road traffic, particularly driving without safety belt or buckled up helmet, driving under the influence of alcohol and other psychoactive substances, exceeding speed limits, aggressive driving, driving children up to 12 years of age outside child seat, illicit passing of other vehicles, illicit movement of pedestrians.

ANEM points out that the Republic of Serbia obliged itself in the Media Strategy, still in force, to remove contradictions in its legislation and further the protection of free flow of information and freedom of expression. A significant share of this work was done by adopting new media laws in August this year. However, what has been achieved with great effort in the implementation of the Media Strategy may easily be jeopardized by introducing new contradictions into new laws.

ANEM also points out that the new Law on Public Information and Media already prescribes, with the aim of protecting minors, that particular attention must be paid so that media content and the manner of media distribution do not harm the development of minors.  Also, the new Law on Electronic Media prohibits broadcasting of content that can gravely harm the development of minors.  The same Law prohibits televized advertising that incites behavior harmful to the health or safety of people.

Argmentation that could be heard during a debate of the Ministry's Working Group illustrates how dangerous awkwardly formulated restrictions of freedom of expression are.  Among other things, in a session of the Working Group, an example of a media outlet that published a minister's statement that he drives „200 km/h because he is in a hurry" was stated as an excuse for the suggested ban and deemed impermissible by the debate participants. ANEM points out that the role of the media in a society is to truthfully, impartially, timely and completely inform all citizens. It is absolutely impermissible that self-willed and irresponsible behavior of politicians, such as the minister's statement that he drives „200 km/h because he is in a hurry", remains hidden from citizens because of alleged concern over negative influence that such information could have on youth. Every limitation of media freedom and freedom of expression, while it must be prescribed by law and introduced for the protection of a legitimate interest, must also be proportional - in other words, it may be introduced only if it is truly necessary in a democratic society. Any limitation that would hide from the public irresponsibility and self-will of the authorities and its representatives, justifying this by alleged concern over safety of children, is far from proportional and absolutely unacceptable.

Therefore, ANEM calls on the Ministry of Construction, Transport and Infrastructure to withhold from intruding into freedom of expression by regulations it passes, and to solve the problem regarding promoting unsafe conduct in road traffic in consultations with state bodies responsible for the media, and particularly with representatives of the media profession, that is media outlets, and media and journalists' associations.

ANEM President, Milorad Tadic