Uncertain Optimism, Or Optimistic Uncertainty

UNCERTAIN OPTIMISM OR OPTIMISTIC UNCERTAINTY Virtual MFRR Mission Report – 2020 MONTENEGRO — VIRTUAL MFRR MISSION REPORT – 2020 2 (Advocacy Coordinator &EURepresentative) Free Press Unlimited (FPU): Jessica Machacova Renate Schroeder (Director) and Officer) Project and (Communications Petit European Federation of Journalists (EFJ): Camille Nik Williams (MFRRCoordinator) and (AdvocacyOfficer) Hueting Laurens (ECPMF): European Centre for Press and Media Freedom Central Asia) and Europe of (Head Clarke Sarah 19: featured*: ARTICLE delegation The Content uncertainty optimistic or optimism (OBCT) Uncertain of European Federation of Journalists andLuka Zanoniof Osservatorio BalcanieCaucaso Transeuropa Montenegro: in Authored by European Centre for Press andMedia Freedom with contributions from Renate Schroeder Freedom Media MFRR FAST RESPONSEMISSIONREPORT: MONTENEGRO Conclusions. Working Conditionsof Journalists andMedia Workers andHealth of Media Ecosystem. Impunity andFlawed Investigative Systems andProcedures. Case Study: The Ongoing Trial of Jovo Martinović. Legal Threats andSLAPPs. Media Law Issues. Public/Private Broadcasting andaPatchwork of Regulatory Regimes. Media Freedom Expectations Following theElectionResult andaLegacy of Polarisation. State of Play. Introduction. * Pleasenote: all representatives didnot participate inevery meeting, butnotes andfindings have beenshared internally Recommendations. �� Andreas Lamm (ECPMF) Layout: Oliver Vujovic (Secretary General) South East Europe Media Organisation (SEEMO): tre) andLuka Zanoni (Editor-in-Chief) (OBCT): Paola Rosà (Curator of theResource Cen Osservatorio Balcani eCaucaso Transeuropa Officer) Griffen Scott (Deputy Director) and Jamie (IPI): Wiseman (Advocacy Institute Press International

�� 24 22 16 19 14 15 11 6 4 7 3 - and mediaoutlets. supranational bodies,journalistassociations ers andrepresentatives from regional and including at-risk journalists andmedia work tember andinvolved aseriesof stakeholders Sep 17th and 7th between calls aratevideo This mission was heldover anumber of sep media workers andmediafreedom. regarding theprotection of journalistsand key trends and other topics and concerns expectations for mediafreedom, as well as holders abouttheimpactof theelectionon to learnmore from local andregional stake Montenegro to mission fact-finding virtual a sponse (MFRR) and key partners undertook backdrop, theMedia Freedom Rapid Re sues pertainingto publichealth. Against this attention, resources andfocus towards is to continued take holdandunderstandably drive state pandemic COVID-19 the as tenegro, Europe andtherest of theglobe place at anunprecedented timefor Mon Even before pollsclosed,thiselectiontook pending on who you ask. tain optimism or optimistic uncertainty, de uncer of amount significant a it with brings the Prime Minister. This watershed moment speaker,parliament Zdravkoand Krivokapić, lition Peace isOur Nation, theMontenegrin coa the of leader Bečić, Aleksa with ment, parlia 81-seat the in seats 41 of majority a and White andPeace isOur Nation, hold litions, For theFuture of Montenegro, Black coa Đukanović’sThree leadership. Milo der the Democratic Party of Socialists(DPS),un of rule 31-year the end an to brought sults (Montenegrin Assembly) elections. The re tenegro went to the polls for the Skupština Mon of people the 2020, August 30th On Introduction ------media workers andfuture planningfor me the economic stability of theemployment of working conditions andability to organise, media workers, includingananalysis of the covers thelived experience of journalistsand and conversations those reflects report This tion. change in government following the elec the outcome andexpectations around the ing developments, mostnotably regarding as the conversations also covered emerg ment on media freedom in Montenegro, plotting thedirection of our future engage of thisreport. The meetings will alsoaid in the subsequent meetings andthecontents trends andthemesemerged, which guided Throughout themeetings, a number of journalists andmedia workers asa whole. as a broader analysis of the environment for well as 2018, in Lakić Olivera journalist jesti solved crimessuchastheshooting of Vi un the of legacy the and Martinović Jovo proceedings againstinvestigative journalist vidual casessuchastheongoingcriminal freedom inthecountry, inrelation to indi in Montenegro thecurrent state of media sion was to understandfrom stakeholders mis fact-finding virtual this of purpose The howlegacythis of impunity enduring affects ly solved) crimes againstmediaactors and ecutors; theimpactof unsolved (or partial pros and officers police of role the cluding against journalists and media workers, in and actors involved in investigating crimes dia workers; interrogation of mechanisms freedom andprotect journalistsandme and support mechanisms to defend media local, regional andsupranational oversight efficacy of respect; and trust independence, tisanship andpolarisation onmedia visibility, dia outlets; the impactof division, hyper-par ------

MONTENEGRO — VIRTUAL MFRR MISSION REPORT – 2020 3 MONTENEGRO — VIRTUAL MFRR MISSION REPORT – 2020 4 Authored by Luka Zanoni of Osservatorio Balcani e Caucaso Transeuropa (OBCT) Transeuropa Caucaso e Balcani Osservatorio of Zanoni Luka by Authored State of Play for The Protector of HumanRights andFreedoms Ombudsman DeputyBjeković, Siniša Martinović; Officer for JUFREX 2; Investigative journalist, Jovo Project Senior Ristović, Boris (TUMM); tenegro Vice-President of the Trade Union Media of Mon the Kračković, Radomir scheduled): meetings of part in seven online meetings with (in the order dele the September, gates (or anassortment of thosepresent) took 17th and 7th Between ropean standards. ference, independence and commitment to Eu election result; and issues around political inter media freedom; theexpectations that follow the pact of media law regulation andlegislation on the ability of mediaactors to work safely; theim he was outside the newspaper office, heading for 2004 May 27th of night the On killed. was nović rector of theoppositiondaily Dan, Duško Jova di then the when 2004, in started Montenegro the seasonof repression of mediafreedom in According to thecommunity of local journalists, and weak ruleof law have longbeenapparent. the reasons behinditspoor democratic health front runner inthe European integration process, Although thecountry isoften describedasa first recorded declinesince 2003. “democratic country” to “hybrid regime” inthe Montenegro (together with Serbia) slipped from Freedomreport,2020 House the in Plus, er(111). In southeastern Europe, only Bulgaria ranks low ranking. 2019 the to compared spot one of drop 105 the occupies piled by Reporters Without Borders, Montenegro com Index Freedom Press World 2020 the In th position (out of 180). This is a is This 180). of (out position ------The delegates andtheMFRRthankeachstake stakeholders working inMontenegro. delegates outlinedabove andrelevant expert tured asaninformal conversation between the tacks on Journalists. Each meeting was struc Commission for Monitoring Investigations of At Vujović,Ranko TomovićDaliborand (Chair), ović dia), OSCE Missionto Montenegro; Nikola Mark Centre; Daniel Blank,Programme Manager (Me tor, Programme Director of MANSInvestigation of Vijesti; DejanMilovac, Deputy Executive Direc Editor-at-LargeJovović, Mihailo Montenegro; of regime. In 2007, Vijesti founder and then director tion of silencinganeditorial linedisliked by the its peopleandpremises, with theapparent inten newspaper suffered a series of violent attacks on Đukanović’s politics. From then on, the Podgorica gro - Vijesti took acritical attitude towards Milo Montene and Serbia of Union the as 2006, to 2003 from then, Yugoslavia of Federation a as first path, institutional common a shared initially collapse of Yugoslavia, Serbia and Montenegro the after - independence country’s en the which dorsed referendum 2006 the After negro. small cohort of independent mediainMonte the weekly Monitor are prominent actors inthe the daily Vijesti, which together with Dan and A few years later, repeated attacks targeted unsolved. and international media,butthecaseremains other car. The news shocked both Montenegrin his car to gohome, when he was shot from an their timeandexpertise. tive teams that madethemeetings possible, for holder, as well asthetranslators andadministra ------otngo etne Jv Martinović Jovo sentenced Montenegro of Court High the retrial upon 2020, October In man rights andmediafreedoms organisations. international andregional mediaoutlets andhu verdict received widespread condemnation from of detention by theMontenegrin HighCourt. The months 18 to sentenced was and 2019, January in pre-trialdetentionof months 14 than moreter criminal association 2015 on charges of drug trafficking and state of mediafreedom inthecountry. Arrested in Jovo Martinović are also symptomatic of the poor The detention andtrial of investigative journalist ineffective investigation. grin citizen was compensated by thestate for an Montene ever, a time first the for and, case the won he 2017 In judiciary. the of negligence and sue thestate of Montenegro for a seriesof errors to decided Softić system, judicial the of failures the with Faced 2013. in backyard his in onated det had car his in placed bomb a after 2014, in was only placed under guard seven years later beaten infront of hisfamily homeinBerane. He was Softić 2007, In others. of and Monitor, a collaborator Vijesti, Softić, Tufik journalist of der Other notable casesincludetheattempted mur been beaten six years earlier. home, thesamelocation where she hadalready her of front in shot was Lakić Olivera journalist attack occurred in 2018 when Vijesti investigative cars were repeatedly set on fire. The most recent by chance. only During the same period, the newspaper’s service one injured no leaving office, Jovović’s Mihailo editor-in-chief of window the under exploded bomb a 2013, In capital. the of centre the ŽeljkoIvanovićin brutallybeatenwas , Martinović was released af released Martinovićwas , creating a o one to - - - - - (still President of the Republic until 2023) for over Đukanović Milo of hands the in firmly was gust, Au 30th of elections the until power, Political controlled by therulingparty. organised crimeand work at mediaoutlets not deal with therelationship between power and attacks often target investigative journalists who and media workers. As we have highlighted, such journalists on attacks of cases 80 over corded re has Montenegro years, fifteen past the Over year inprisonfor participating indrugtrafficking. tenegro. safer andfree environment for themediainMon problems to be resolved in order to develop a cy inmediaownership are among themyriad of pro-government mediaandlackof transparen murder -anenvironment that favours publicand journalists – including for instance, the Jovanović Vexatious litigation, unsolved casesof attacks on byĐukanović’s suffered party, remaincautious. journalists defeat electoral historic the for press Despite theenthusiasm of theindependent with establishedcodes of ethics. web portalsknown for their poor compliance papers, often backed up by various tabloids and a ruthlesscampaignagainstindependent news and publicadvertisements hasbeenpaired with due to themanagement of state supportfunds tration and control of a large part of the media applies to the media environment: The concen atically prevailed over thepublicgood. This also select groups andcentres of power have system demic corruption, in which theinterests of afew experienced anactual “state capture” with en three decades.Consequently, Montenegro has ------

MONTENEGRO — VIRTUAL MFRR MISSION REPORT – 2020 5 Media Freedom Expectations Following the Election Result and a Legacy of Polarisation

of the For the Future of Montenegro coalition; “The landscape is different now” Aleksa Bečić from Peace is our Nation Coalition 6 and Dritan Abazović of the Black on White coali- Every stakeholder interviewed highlighted the tion signed a statement in Podgorica outlining a unprecedented nature of the Skupština elections number of key agreements the three coalitions that removed the DPS from power after 31 years. have made as the basis for their collaboration. Many highlighted the stagnation that comes with While the agreement did not explicitly mention such long and uninterrupted tenure, which has media freedom, a number of the commitments resulted in a patchwork and incomplete response are significant, including pledges to “complete- to threats to media freedom in Montenegro. ly depoliticise key government institutions” and However, expectations across the stakeholders “adopt and revise all laws in accordance with Eu- were muted. Radomir Kračković of TUMM high- ropean standards.” In light of the pivotal impor- lighted that the professed commitment to fight tance of media freedom in these standards, this against corruption and organised crime could be agreement could establish a foundation upon significant for media freedom if the new adminis- which media freedom can be fostered. Howev- tration expands this focus to incorporate a com- er, as mentioned by an interviewee, revising the mitment to tackle the climate of impunity that law will not be sufficient on its own. Political will undermines the ability to fully investigate crimes needs to change alongside the law and while this against journalists, which in turn impacts jour- will arguably be an even more complex and long nalists’ and media workers’ willingness to tackle term task, the election result could be the first sensitive but important topics. Beyond the stat- step in this process. ed election claims of different parties, there was interest in holding back from defining the signif- However, there were suggestions and fears that icance of this shift until the shape and nature of the domination of the DPS for so many years and the new administration can be ascertained. This the consolidation of power this enabled could was encapsulated by Mihailo Jovović, who said hinder the ability of the new government to move that “we should wait and see what the new gov- beyond the entrenched approaches, especial- ernment is going to do about [the present bad ly at a time when the administration will have to situation for journalists in Montenegro].” Beyond face immediate concerns and issues, such as the this, many interviewees stated that at the time, COVID-19 pandemic. A central tenet of the criti- it was too early to know what to expect as the cism of the existing administration was how the promise of election rhetoric must materialise for political dominance has ennobled a climate of di- change to happen. They went further stating that vision, hyper-partisanship and polarisation in the the new government should not seek to replace political and social climate of Montenegro that the DPS, they should instead work to improve on has disproportionately affected media freedom the previous administration. and efforts to protect journalists and media workers. This has manifested in a number of ways, in- There are early signs of divergence that should cluding the patchwork of regulatory or self-regu- be monitored. On 8th September, represent- latory mechanisms that fail to adhere to a shared atives from the three parties who make up the or standardised set of principles or guidelines, new Government, including Zdravko Krivokapić the demonisation of individual journalists and the gro (RTCG). As highlighted by civil society organ national public broadcaster, country’s Radio Television of the Montene of evolution the by part media freedom inMontenegro isepitomised in The inconsistent andunpredictable progress of Legal opinionandcomments OSCE Draft Law onNational Service Broadcaster: Public/Private Broadcasting and aPatchwork of Regulatory Regimes tours in light of the election and expectations of ment. This polarisation cantake on worrying con and emboldenafree and vibrant mediaenviron the at tempts to resolve seemingly of intractable conflicts most hindered significantly has that has establishedafragmented medialandscape entrenched in the years that have followed. This independent outlets, a distinctionthat has been of a dichotomy between pro-Government and ed, thisshiftfurther aidedinthedevelopment standards and approaches. However unintend kans moved more towards European journalistic Bal the in conflict ongoing the ofcritical outlets media when 1998, in place took that outlets dia cant shiftinattitudes towards independent me signifi a highlighted JUFREXfrom Ristovic Boris private outlets. lets at theexpense of independent and largely lic service broadcasters or pro-government out professionatlarge, amplification the and of pub media” power alsocontrol thepublicservice words, those who holdthepolitical In other ... broadcasting “official” of service broadcasting beingatype spread underlying notion of public tional countries, there isstill a wide “In many transitional andpost-transi ------advocacy of professional journalisticstandards. teracted with theaccountability to citizens and rial structures within theRTCG shouldbecoun interests vested over themanagerial andedito lines of European standards. Current political al publicbroadcasting system (RTCG) alongthe stimulate theprocess of reforms of thenation dia sector, where thenew administration should would bemostpronounced inthepublicme community andensuringmediafreedom. This orities when itcomes to thesupport to themedia the new administration, is yet to formulate itspri duce professional standards inaccordance with essary to “depoliticise publicservice and intro OSCE, theCouncil defended its actionsasnec pean Commission, the US State Department and Euro the by criticised was act this While lović. ović, Slobo Pajović, Ivan Jovetić and Goran Seku ties to theDPSleadership,includingMimoDrašk measure pushedby Council members with close broadcaster Andrijana Kadijafrom her position,a ed to remove thegeneral director of thepublic as reported by OBCT 2018 complete.”In be to not deemed generally from astate mediato apublicservice mediais and Council of Europe service hasstalled.Inthe Borders, thetransformation of RTCG into apublic so Transeuropa (OBCT) andReporters Without isations including Osservatorio Balcani e Cauca such moments of transition. the usual optimism inthefuture that manifests in of Montenegro, stated that this issuedampens The Protector of Human Rights and Freedoms Bjeković,Siniša tion. Deputythe forOmbudsman that shouldbeprioritisedby thenew administra trenched polarisation was highlighted asanissue Throughout themeetings, tackling thisen ’s words:“RTCG’s transition , theRTCG Council vot European Commission ------

MONTENEGRO — VIRTUAL MFRR MISSION REPORT – 2020 7 MONTENEGRO — VIRTUAL MFRR MISSION REPORT – 2020 8 ropean Union standards monisation with the Council of Europe and Eu Sector Inquiry with Recommendations for Har report, 2018 the of part as the Council of Europe and European Commission by identified were- dominance statereinforcing - givingtheappearance of independence, while contradictions at theheartof theRTCG Council the founding values of the European Union.” The tor Miloš Šoškić. When this was covered by the by covered was this When Šoškić. Miloš tor observed theattack alongsidestate prosecu Bećirović that report country latest its in ported have strong tiesto theDPS. to known is who Bećirović, Zoran businessman Vladimir of bodyguard a by journalist assaulted was who Otašević, investigative of case 2019 and counter impunity asdemonstrated inthe informs thebroader work to protect journalists This dominance over state broadcasters also and representatives inRTCG’s coverage: to, thedominance of pro-government viewpoints opposition inadequate offered reinforced,or this criticised.” The report goesonto highlight how as self-censorship is widely acknowledged and to political interests. Editorial interference as well structure isusually strongly tiedandconnected the hands of Parliament, the whole management cess of theCouncil membersultimately resting in (DPS) andpublicinstitutions.” ruling Democratic Party of Socialists the from came shows RTCG’s news over the whelming majority of that guests on found it 2015), and 2014, (2013, RTCG of stations radio programming onthetelevision and an analysis of three years of news titative data to test theseclaims.In for CivicEducation ...hasusedquan actively pro-government. The Centre “The RTCG was generally deemed : “Theappointment pro Freedom House Montenegro Media - - re - - - - - does thismeanfor thebroader mediaenviron the polarisation of Montenegrin society, what ceived asthespoilsof war, a view reinforced by If publicmediaoutlets andbroadcasts are per are protected andimpunity countered. undermining movements to ensure journalists RTCG, play arole indeepeningpolarisation and ample demonstrates how publicoutlets, suchas no physical contact duringtheincident.” This ex been had there claiming deleted, was Otašević doctored video from which the actual assault on public broadcaster, RTCG, theoutlet showed “a should not beunderestimated; according to ers shouldbeboundby. The importance of this to therequisite transparency, publicbroadcast the RTCG’s website, moves the broadcaster close on auditor’s report certified re the as well as financial ports, and activity publish to obligation the law, final the in Establishing Council.” the of Service, neither themembersnor the President statutory liability in case of damage to the Public caused damageto thePublicService. There isno some actionsor non-actionsof theCouncil have to anyone for its work. Practice hasshown that need for reform: “theCouncil is not accountable moving through parliament, Radio and Television of Montenegro (RTCG) was As thedraft law onNational PublicBroadcaster on theprinciplesof theCouncil of Europe.” nancially independent publicbroadcaster based institutionally,forfi preconditions politicallyand legal solutiononRTCG fully provides normative democratic society, I am especially glad that the importance androle of publicbroadcasting for a parliament told Bogdanović lets inthecountry. Minister of Culture, the laws related to publicandprivate mediaout Montenegro (RTCG), which sought to modernise National PublicBroadcaster –Radio Television of ment passedtheLaw onMedia andtheLaw on ment? Earlier this year, theMontenegrin parlia : “Having inmindthe TUMM outlined Aleksandar the The ------pletion of media legislative reforms in 2021, this 2021, in reforms legislative media of pletion orous, robust and honest.” With expected com phrases unless their implementation isnot vig doms are empty words onpaper free anddeclarative media of guarantees “legal stated (2017) JUFREX report the actual implementation. Especially now, asthe holders, even stronger focus shouldbegiven to reforms, which includedabroad array of stake maintained. Therefore, after thecomplex legal the 2020, general lineof European standards hasbeen July in laws media recent two with review andadoption process, which happened the governmental billsduringtheparliamentary to interventions significant of occurrences spite exercise for thenational mediacommunity. De and thorough discussionshasbeena valuable entire legislative drafting process with lengthy the media legislative framework. In addition, the improving over therecent years to strengthen media laws inMontenegro, hasbeengradually interconnected different the regarding practice legislative the JUFREX, of Ristovic Boris by ed on apublicbroadcaster”. However, ashighlight be usedasameansto exert political pressure political interference...Funding canall too easily dependence from State (or local authorities)and both structural independence andeditorial in lic broadcasting services inMontenegro need broadcaster,effective public an as function pub and reiterated theneed for independence: “To garding publicbroadcasters itraised concerns quest of theMontenegrin Ministry of Culture. Re a review of theElectronic Media Law the 2019, May in instance, For each have their own strengths and weaknesses. govern andsupportpublicbroadcasters that pendence onanumber of laws that interact to The situation ismademore complex by the de pendence of theRTCG Council.” of theRTCG isdirectly determined by the inde Centre for CivicEducation Montenegro Media Sector Inquiry : “theindependence OSCE undertook at there ------to IREX’sto According companies. different by owned being ed with alarge number of private mediaoutlets The mediaenvironment isdiverse andfragment sion between public and private media entities. divi the on pressure significant exerts also ciety The entrenched polarisation of Montenegrin so are shared by all relevant parties. freedom are central to any andall reforms and principles andstandards surrounding media new administration, asitisimperative that strong should remain asoneof thetop prioritiesfor the the to beacontinuation of theconcerns raised by dia outlets supportive of thestate. This appears percent of state advertising goesto private me 80 approximately Milovac, Dejan to According public andprivate isat times hazy at best. between line the field, playing level a access to theability and pluralism media on finance vate While concerns remain as to the impact of pri few mechanismsto compel transparency. workers employed by theseoutlets, asthere are ards and wage equality by journalistsandmedia effective plicate for action robust stand working other connected concerns. This canalsocom nomic interests informing editorial choices and eco the scrutinise interest, of potentialconflicts obscured. This canmake itharder to interrogate casters, thesource of fundingof theseoutlets is regarding financial transparency as public broad private outlets are not boundby thesamelaws issues, problems andrequirements for reform. As pluralist environment, itdoescome with itsown While this can offer the potential for a diverse and tions, andfour are local publictelevision stations”. sta radio public local are 14 commercialstations, television are 12 stations, radio commercial are 35 websites, are 40 Media, Electronic for cy registeredoutlets the Agen100 with than more European Commission andCouncil of Eu 2019 Media Sustainability Index Sustainability Media 2019 “of the ------

MONTENEGRO — VIRTUAL MFRR MISSION REPORT – 2020 9 10 MONTENEGRO — VIRTUAL MFRR MISSION REPORT – 2020 contributes to theclimate of polarisation. This environment inMontenegro isboth fed by and alism.” This isanother example of how themedia impact onthequality of reporting andprofession lets are not financially sustainable has a negative vertising persist. The fact that many mediaout transparency andnon-discrimination instate ad tion onEUEnlargement Policy the in mentioned it was that significance such with broadly aligned with theDPS. This issuepersists Dnevne Novine respectively, two newspapers and Pobjeda to went total the of €40,681) and (€207,676three-quarters over advertising), cast advertising inprint outlets (asopposedto broad state on spent €318,942 of out where ernment, Gov Montenegrin the by provided figures ment procure 2016 the of analysis own report’s the nates between mediaoutlets”. This bearsoutin that theallocation of thisadvertising discrimi is not managed in a transparent manner and 2017 in rope landscape.” While there are two self-regulatory tensions that have arguably dividedthemedia associations can beseenasa“result of political of state regulation, self-regulation and media pean Commission in 2017 the fragmented nature highlighted by theCouncil of Europe andEuro of medialaws isto overhaul mediaregulation. As One of thechangesproposed inthenewest set line with European standards andbestpractice. in landscape media the reconfigure to process vertising is awarded as a vital part of the broader transparent process by which government ad should prioritiseestablishingarobust, fair and to reward loyal outlets. The new administration ernment shouldnot usespendingonadvertising orities of thenew government, equally thegov not pivot to incorporate the viewpoints andpri market. While public media broadcasters should commitment to afree andindependent media manipulation andprioritisation underminesany uoen omsin 09 Communica 2019 Commission European , who stated that “state advertising : “Concerns about ------pean Commission as outlinedinthe frameworks has longbeenatarget of law reform ed universe of internal and external regulatory are partof thesamemechanism). This fragment for internal ombudspersons(VijestiandMonitor dia Council for Self-Regulation, instead opting Monitor and Vijesti have not signedupto theMe in thecountry. For instance, outlets suchasDan, sentative of anumber of leadingmediaoutlets (for local print mediaonly), theseare not repre and theSelf-Regulatory Council for Local Press bodies: theMedia Council for Self-Regulation level playing field for media outlets, the pub lic andthestate. While itispromising that this outlets, media for field playing level regime, there are few guarantees of afair and ards that are usedasthereference point for each to Montenegro, but without a set of shared stand unique not are models regulatory Different broader medialandscape. ciples or rulesthat underpineachregime andthe a harmonised,shared or standardised set of prin problematic, thefundamental issueisthelackof stressed that, while thefragmentation initself is Freedoms of Montenegro inour interviews who budsman for The Protector of HumanRights and Om Deputy Bjeković, Siniša by up picked also was theme 2018”.This August in activities its ed scene inMontenegro andoneof themsuspend the media of polarisation overall the reflect to report also highlighted by the times incompatible regulatory regimes. This was lets, which has manifested in different and often between pro-government andindependent out in themedialandscapeanddeepdivisions instead isanother symptom of thepolarisation iterated that thissituation isnot incidental, but re TUMM of Kračković Radomir interview, sion mis our 2003.”In since case the was as sector to ambition extend theself-regulatory system to the whole the with 2012 and 2010 between of 2019: “Self-regulatory bodies continued report: “discussions took place Council of Europe andEuro European Commission ------mitted to theMontenegrin Parliament that: ber of interviewees, including protection.” This concern was mirrored by anum of national security, territorial integrity andhealth deemed necessary for theprotection of interests tion at therequest of thepublicprosecutor if itis a journalistmustdisclosehissource of informa antees for journalisticintegrity by stipulating that new medialaw proposes to loosen“uptheguar regional legal practice inSoutheastEurope, the Vučković Bojan and to theauthorities. According to ers canbecompelled to disclosetheir sources rules under which journalists andmedia work ees. Central to thisistheproposed changeto the that elicited concern from a number of interview ards, there are a number of proposed reforms and transparency in line with European stand around mediafreedom, pluralism, ownership guidelines and law the bring to modifications of While thenew medialaw ispromising anumber Media Law Issues in theimplementation andresponse from both dressed intherecent medialaw, thekey will lie patchwork approach to regulation hasbeenad of thosesources and whistleblowers would certainly reduce thenumber to reveal the source of information ists insomesituations are obliged interest. The provision that journal nalism, which isinthegreatest public ing thespace for investigative jour achieved right would meannarrow information. Any restriction of this not obligedto reveal thesource of according to which journalists are of theMedia Law should bekept, we believe that theexisting solution of Karanovic & Partners, a TUMM ejo Smiljanić Veljko , who sub , who ------shift moves thelaw closer to European stand While someinterviewees highlighted that this it engages with European standards on this issue. private and public media outlets, as well as how the number of whistleblowers andgovernment ert sources. DejanMilovac noted areduction in to engage with whistleblowers andother cov hasten thenarrowing space left for journalists and protection.” The impact of this could further dential source before oneispromised anonymity confi the of motives check always to also but sources, information confidential protect to ists code states: “It is theright andduty of journal and theCouncil of Europe. PrincipleSeven of the OSCE Representative onFreedom of theMedia Monitor, the and Office of ofthe support the with the Media Council of Self-Regulation, Vijesti, Dan working group composed of representatives of Ethics of Montenegrin Journalists the to conform to abilities journalists’ stances only.” This amendment alsoundermines should belimited to strictly exceptional circum interference inthefreedom of expression which sure of journalistic sources represents serious for thefreedom of thepress. Therefore, disclo “The protection of journalisticsources iscrucial Spokesperson been noted by theEuropean Commission, whose against abuse. The danger of thisreform have (not left to lower courts or prosecutors) to protect a source shouldcome from theSupreme Court nalism andany order to compel therevealing of tors to access thisinformation isadanger to jour ards, others maintained that enablingprosecu journalism andademocratic society. backwards in the development of in general, which would be a step Ana Pisonero stated on Twitter: compiled by a Code of ------11 MONTENEGRO — VIRTUAL MFRR MISSION REPORT – 2020 12 MONTENEGRO — VIRTUAL MFRR MISSION REPORT – 2020 ists” according to Dejan Milovac, a number of “more andmore usedby Montenegrin journal that comply with international standards” andis to information law with many positive features MANS and Access Info and while, according to 2017 in reformed waslaw complexity. duralThe access, restricted access andincreased proce undermined theadministration of requests for the media. However, a government backlash reconfiguring also the relationship between thegovernment and while governance, in bility Information, which enhanced transparency andaccounta to Access Free on Law 2005 the of impact transformative the JU highlighted ofFREX Ristović Boris situation. ever-changing dia workers inMontenegro isanevolving and The legal landscapefor journalistsandme this law. which will only increase dueto thepassageof sources coming forward to journalists,atrend scrutiny. While a significant motivation, or stated or motivation, significant scrutiny.a While scure information or documentation from public prevents their abuse by state authorities to ob that clarity necessary the offer to fail limitations significant amount of progress field. this in These a seriesof vague limitations that hasundonea that mustbekept secret” thereform establishes prescribed by regulation”, as well as“information access to information from theseproceedings is other procedures prescribed by thelaw, to whom processes suchas“judicial,administrative and and economic policy”. However, by exempting ty anddefense of Montenegro; foreign, monetary privacy; carryingof criminal proceedings; securi the “protection of life; public health; morality and limits restrictions to Freedom of Information to constitution Montenegrin the of 51 Article exemptions that are overly broad, goingbeyond erwise comprehensive nature, italsoestablishes law’soth Weakeningthe information. access to journalists’others’undermine and aspects ability , itis“a very strong access analysis undertaken by , which ------users in Montenegro in January 2020”, represent media social 390,000 were “there Montenegro cording to media, haskept pace with therest of Europe. Ac dia outlets, standaloneonlineoutlets andsocial tenegro, through onlineportalsfor existing me The development of online journalism in Mon standards. fact moved intheopposite direction of European European Union, thereforms discussedhere in been framed within theaccession process for the motivation, for legal reform inMontenegrin has to discredit critical journalists,this was never sub negrin Ministry of Culture, aspartof acampaign the listposted onit were created by theMonte While early rumours suggested this website and posed “ a listpublishedonthe web portal udar.me assup of the news site Borba.me, who were included on Vuk Lajovic of the daily Vijesti and Dražen Živković of people including journalists Sinisa Lukovic and strated by asmear campaignagainstanumber demon was This track. to hard and diffuse is ity existing tensions inamanner where responsibil beyond national borders canfurther exacerbate Balkans, the ability for disinformation to spread cross-border complexities present inthe West regional the to due ofKračkovićTUMM, Radomir cuted for content shared online. As highlighted by which hasledto anumber of usersbeingprose its control anddominance over thesenetworks, ing onlinecommunication to attempt to reassert has responded to theevolving dynamicsregard state disinformation. The and information verified forms, as well asanincrease inthesharingof un predatory competition from social mediaplat in adrevenue andsustainablefundingmodels, the same seen elsewhere, including a decrease opened up the Montenegrin media landscape to for outlets andindividual mediaactors, ithas both opportunities of number a offers this 2020. While January in 62% of rate penetration a ing collaborators of Serbian secret services aaeotls iia 2020 DigitalDatareportal’s report for ------“. “. n h saes blt t lbl n rsod o al to respond and label to ability state’s the in the rulingparty, thesameconcern canbeseen If public broadcasts are seen as a spoil of war for scrutiny. parent andshared standards andindependent oversight asopposedto working towards trans inforces political andmediahegemony without state actions and motivations in this field. This re with thefragmented regulatory environment and This approach exacerbates existing problems disinformation.” of cases the in rules the defining by setting upalegal andinstitutional framework body that debunksfake news, was not followed government created by positioningitself asthe sional code. This “investigative” role, which the profesjournalism’sof it) of lack (or respect the competencies to encompass theassessment of pursuing its ambition to extend its constitutional Balkan Insight a in by Koprvica highlighted was This significant. of thestate inresponses to disinformation was Demokratsku Tranziciju (CDT), thepredominance Raskrinkavanju Investigative Reporting Network (BIRN)andthe highlighted by both Dragan Koprivica of Balkan lished asituation worthy of further scrutiny. As the prominent role played by thestate estab and agreed uponregulatory standard, as well as trenched polarisation, thelackof anindependent namics at play inMontenegro, mostnotably en the rest of theglobe.However, theuniquedy in muchthesame way ithasacross Europe and (most notably other Balkan countries) increased, within Montenegro andfrom other countries frequency of mis/disinformation being shared and nature the pandemic, COVID-19 the During ethnicities andterritory. the broader region, includinglanguage,religions, also leveraging cross-cutting tensions across ease with which disinformation canbeshared, stantiated. Altogether, thecasedemonstrates the piece: “The government continued portal managedby theCentar za ------order” inrelation to her reporting that stated that dis and forforpanic hours “causingdetained 72 Editor-in-Chief of Fos web site was arrested and of anexplosion. Prior to this, and publicdisorder inconnection with reports panic causing of suspicion on Borba, and IN4S Živković Montenegro arrested this public health crisis. In January 2020, police in of asystem that will beinmuchdemandduring fragility the highlights but pandemic, COVID-19 checks onthispower. This concern predates the leged disinformation with littleoversight or few f orait sc a Diaoi, ačvć and “speciala responsetoŽivković a waras cer that Raičević Djikanović, as such journalists of cialists (DPS) defined the government’s detention that while inpower, theDemocratic Party of So piece, CINpresident, Milka Tadic Mijovic stated countability, itcan beabused.Ina to mediafreedom. Without transparency or ac significant exerts that one but process complex is deployed to counter dis/misinformation isa cess by which thedisciplinary force of thestate external enemiesanditsown citizens.” The pro against defence alleged country’s the about ic creates anatmosphere of fear andspreads pan news inMontenegro isthisgovernment, which arrests stating: “The biggest producer of fake a strongly worded statement condemning the Centre for Investigative Reporting (CIN) the Živković, and Raicević of detention the ing the state anddisturbinglaw andorder.” Regard destabilizing of intention the with affairs internal tempt by a third party to interfere in Montenegro’s that theplacement of thisinformation was anat publication, before stating: “There are indications vic shouldhave checked her information prior to Foreign Ministry reiterated thepoint that Djikano tions, as well astheinternational community, the Montenegrin civil society andmediaorganisa thodox Christmas.Responding to criticismfrom were poisedto intervene inMontenegro over Or members of theKosovo Special Police Forces , theeditors of two local news websites, Gojko Raičević and DraženGojko Raičevićand Andjela Djikanović Andjela Balkan Insight issued ------,

13 MONTENEGRO — VIRTUAL MFRR MISSION REPORT – 2020 14 MONTENEGRO — VIRTUAL MFRR MISSION REPORT – 2020 four years later, the pean Commissionreport suits againstthemedia” according to the in turnledto a “decrease inthenumber of law which 2012, in decriminalised was Defamation Legal Threats andSLAPPs “self-regulation andraising professional stand organisations, Mijovic reaffirms the approach that the oppositionfrom journalists,unionsandrights to referring cases, these to state’sapproach the in thestate. Inresponse to thecondemnation of freedom anddoesnot consolidate power with can beopposedinamanner that respects media highlights a way by which dis/misinformation also Mijovic article, same the In IDs”.journalists’ tain centres are waging via personshidingbehind uaoi fr ttl f 1 ilo i damages.” in million €1 of total a for Đukanović Minister Prime by lawsuit 2007 mil a including €2 lion to amounting Vijesti newspaper daily against pending lawsuits 23 were there 2012, of According to are currently before theConstitutional Court. each outlet), commenced in November 2013 and for (€100,000 damages in €300,000 seeking Deutsche Telekom). The cases,in which sheis Telekom by Magyar Telekom firm (which ispartof state Montenegrin of purchase the during itor over articlesallegingthat shetook bribes independent newspapers Vijesti, Dan, andMon against Đukanović, Milo Minister, Prime former of sister the Kolarević, Ana attorney by brought action legal ongoing an is there TUMM, of ović Kračk Radomir by highlighted you”.As sue will climate succinctly, stating there isaculture of “I the summarised Martinović Jovo media.” the of well asto challengesinunderstandingtherole points to weak self-regulation mechanisms,as number of defamation cases remains high, which painted ableaker picture, reminding usthat “the Human Rights WatchHuman omsin eot n 2016 in report Commission thesame year. However , “at theend Euro ------

forms could beenvisaged andrealised. re other which upon improvement, significant a addressing thisfoundational concern would be is nosilver bullet to protecting mediafreedom, journalistic professional standards. While there ous regulatory regimes and the politicisation of of ashared standard to underpinthenumer the Montenegrin media landscape, the absence tion”. This returns to acentral concern regarding ards are thebestmedicineagainstmisinforma ence” and to counter this, a “firmer political com political “firmer a counterthis, to ence”and the system isstill “vulnerable to political interfer antees inplace to protect judicial independence, although there are constitutional and legal guar that 2019 in stated who Commission, European question. This perception is alsoshared by the cess callstheindependence of thejudiciary into pro judicial the in influence politicalof scale the ecutors hadbeencaptured by thestate andthat more details), allegedthat thecourts andpros following aprevious conviction (seebelow for retrial a for court in currently is who Martinović, In his interview with the fact-finding mission, Jovo freedom. media on impact significant a has ence defamation actions,thislackof judicial independ requires political will. Also outside thecontext of es involving thosein,or closeto, therulingparty al judge to rule in favour of media outlets in cas who stated that inhisexperience for anindividu Jovović, Mihailo by highlighted was This threats. dia outlets to defend themselves againstlegal in thejudiciary further hamperstheability of me ters andtheir family.” The lackof independence or hisfriends,suchasformer andcurrent minis Đukanović Minister Prime to related cases the of Most fines. in far so €200,000 than more “paid editor-in-chief of Dan, stated that theoutlets had Marković, Nikola report, HRW same the for view This isnot isolated to Vijesti alone,inaninter ------negro sentenced Jovo Martinović to one year in year one to Martinović Jovosentenced negro Monte of Court High the 2020, October 8th On returned thecaseto thelower court for aretrial would justify aconviction of thejournalist” and explain thefacts and name theevidence that stating that theoriginal court rulinghad“failed to Appeal Court of Montenegro quashedthe verdict the 2019 October In 2019.”January in as sociation criminal and trafficking marijuana for term prison 18-month an to him sentenced tenegro in pre-trial detention before months the High Court of Mon 15 almost spent he process, due to by documenting. According to astatement drafted volvement inthecriminal organisation he was state claimedthis was evidence of hisactive in weapons in France for journalisticpurposes, the ing with defendants over the filming of smuggled distribution of narcotics. While he set up a meet tion as well asillicitproduction, possessionand gro under charges of theCriminal Codeof Montene NPR andtheBBC, outlets including The Economist, Financial Times, organised crimefor leadinginternational media covering in specialist A Martinović. Jovo against a journalistinMontenegro isthecasebrought One of themostprominent court casesagainst Case Study: The Ongoing Trial of Jovo Martinović rating European standards, thecontinued useof Montenegro represents astep towards incorpo While the decriminalisation of defamation in Rights, theright to afair trial. to Article 6 of the European Convention of Human Rights the at judgements 98 the of system”.Montenegro’sOut ofjustice ence mitment isneededto ensure thefull independ Reporters Without BordersReporters Without relating to thecreation of acriminal organisa against Montenegro,against nearly relate half(43) Jovo Martinović was convicted European Court of Human : “Deniedtheright ------country. the foundations of mediafreedom across the dissuades critical reporting and thus undermines legal environment that actively andpassively of thejudicial system contributes to amediaand actions, coupled with thelackof independence er andprominence, increased scrutiny of their who should tolerate, due to their influence, pow Public Participation (SLAPPs) by thoseinpower, other legal basesfor Strategic Lawsuits Against “non-cooperative journalist”, hehighlighted that Stating that heisperceived by thestate to bea significant. is Martinović on case this of toll The procedures or detention.” journalists here face pressure through judicial Council of Europe: “We remain concerned that porteurs for the Parliamentary Assembly of the by sensitive reporting. This concern was picked up dom anddiscourage others from important but media actors, thiscould further chill mediafree addressed legacy of impunity for crimes against and media workers ontrial.Coupled with theun the facts, to the disadvantage of thejournalists standards andpractices into their assessment of in which courts fail to incorporate journalistic a fear that thisrulingcould establishaprecedent evidence provided by thedefence. There remains cover issuesaround organised crime,alongside standard processes deployed by journalists to the consider to unwillingness apparent court’s comes after anumber of criticismsaboutthe decision The record. criminal a have will tinović but if upheld,theconviction meansthat Mar to thetimealready spent inpre-trial detention, organization. He will not spend time in prison due ting himof charges for membershipinacriminal fortrafficking, acquit prison drug in participating Damien Cottier andEmanuelis Zingeris , rap ------15 MONTENEGRO — VIRTUAL MFRR MISSION REPORT – 2020 16 MONTENEGRO — VIRTUAL MFRR MISSION REPORT – 2020 attacks have beencompounded by inadequate lets andprivate premises, includingcars. These and out media of journalists offices as such properties, against media attacks 11 been have ers inMontenegro. Inthelast year alonethere work media and journalists on attacks 85 have been there 2004 since Journalists, on Attacks the Commissionfor Monitoring Investigations of place in Montenegro. According to analysis by cluding shootings andbombattacks have taken in media workers, and journalists on attacks file As previously mentioned, anumber of high-pro Impunity andFlawed Investigative Systems andProcedures ness to engageand work with him,potentially government’s willing the affected has case the nović has stated that while he is still able to work, Marti effectively. to work ability their affecting haust anddemotivate thedefendants, while also a point of theseprotracted legal actionsisto ex are charged by thestate to investigate crimes to be independent from theprosecutors, who new commission was necessary dueto theneed this Marković, Nikola chairperson, current its to composed commission was formed. According new,differently a year’selections, that following resentatives of the country’s prosecutors. In 2016, nalists, made up of nine members including rep for Monitoring Investigations of Attacks on Jour mission, Montenegro created theCommission after2012, In requesta fromEuropean the Com contributed to theclimate of impunity. significantly has that workers media and nalists about the state’s response to crimes against jour demonstrate astructural andenduringconcern investigations in flaws the interviews,of number plicit support for further attacks. As outlined in a quate actionsby theauthoritieshasacted asim climate of impunity, in which inactionor inade flawed investigations,and have which fostered a ------does not play anactive role intheinvestigation but recommendations, offers and investigations against journalists. The commission monitors the happen to you”. er journalists:“if you investigate thisfar, thiscan it shouldbe read asa warning to intimidate oth case goes beyond Martinović alone. In his words, important issues. Moreover, theimpact of this limiting hisability to access sources andcover going criminal caseandpublic inquriy following Kušnírová, as well asconcerns regarding theon following themurder of Ján Kuciak and Martina As seeninother countries, mostnotably Slovakia the threats againstjournalists. channels through which to identify thenature of cal capacity and will to explore all investigatory highlighted the lack of professional and politi held aspartof thismission. Many interviewees issue that ran through the majority of meetings gating crimesagainstjournalists was acommon prosecutors. The role of prosecutors ininvesti is a lack of professional capacity of police and sary steps to achieve justice, andsecondly, there these casesthrough andundertake theneces this failure, namely alackof political will to see for reasons potential two identified commission workers being brought to justice. Members of the perpetrator of attacks onjournalistsand media may beresults ininvestigations, few endinthe and thecrimeremains unsolved. So while there arrested but no charges have ever been brought were individuals Lakić Olivera on attack the for ades without resulting incharges. For instance, ed soonafter thecrimeitself, butcanlastdec into crimes againstjournalists. These may bestart investigations hindered significantly have we interviewed outlinedanumber of issuesthat itself. The representatives of the commission ------Montenegrin judges should create necessary ecutors, incombination with positive trends with Practical application of thesestandards by pros set by theinternational humanrights standards. ing ableto properly respond to theexpectations to increase their capacitiesto theextent of be order in training significant require still they ists, office and their work on the protection of journal an outcome. When it comes to the prosecutorial dress theaddedcomplexity anddelay achieving which would require additional resources to ad often fail to investigate every aspect of the case, inadequate capacity andresources, prosecutors or international delegation visits. Combined with sures includingEuropean Commissionreports oftentimes connected to external publicpres an outcome, even if only partial or inadequate, to pressure placed ontheprosecutors to achieve partial or incomplete justice could beinpartdue Milovac, Milovac highlighted that thislegacy of Dejan and Jovović Mihailo with meeting the In Montenegrin government authorities.” investigating possiblelinksbetween Mandic and not identifying who ordered the killing; and not accomplices;Mandić’s identify to failing for tion investiga police the criticised has staff Dan and family Jovanović the representing lawyer “The the ing anaccomplice to themurder, asoutlinedin be for prison in and ulti years 30 to sentenced mately charged arrested, was figure, crime organised local a Mandić, Damir While 2004. in individuals Podgorica unidentified in office by his of Dan, who was shot dead while he was leaving editor-in-chief Jovanović, Duško of murder the evident in the outcome of the investigation into chestrated or commissioned thecrime. This is the individualsor organisations who funded,or there are few investigations andprosecutions of may be identified as part of the prosecutors’ work, Malta, while the direct perpetrators of the crimes the assassination of Daphne CaruanaGaliziain Council of Europe alert regarding the case: ------journalists and media workers. While doubts within their remit to respond to crimes against choose not to exercise all necessary functions manyinterviewees wondered whyprosecutors ers andresponsibilities provided under thelaw, latitude of investigative andprosecutorial pow ited actions undertaken by prosecutors and the light of theacknowledged gapbetween thelim In crimes. the behind forces different the of tion nity for follow upandhinders adequate investiga as “window-dressing”. This reduces any opportu prosecutorial approach to protecting journalists synergy in time ahead. Dejan Milovac defined the such as the attacks against Olivera Lakić, Duško Lakić, Olivera against attacks the as such and prosecute theseso-calledpolitical cases, authorities may beunwilling to duly investigate resolved. This raises concerns that therelevant or insinuations were absent are more commonly solved, while crimes where political connections who cover these issues are more commonly un high-level corruption or involving journalists be political innature. He noted that casesabout tors are faced with casesthat are perceived to sees adivergence of approaches when prosecu ing Investigations of Attacks on Journalists, who the chairpersonof theCommissionfor Monitor Marković,Nikola by highlighted further was This mediate future. prove an obstacle to significant change in the im prosecutors and judges will remain in place may ment andParliament have changed,thefact that as DejanMilovac highlighted, while theGovern Moreover, will. political significant require would nues to explore for reform, a process that in itself this stage. Regardless, they offer insight into ave resource-intensive investigations unanswered at willingness andability to undertake complex and independence, impartiality, leadershipanda knowledge was high. This leaves questionsabout of interviewees stated thelevel of training and the prosecuting services were raised, a number about thelevel of training andexpertise within ------17 MONTENEGRO — VIRTUAL MFRR MISSION REPORT – 2020 18 MONTENEGRO — VIRTUAL MFRR MISSION REPORT – 2020 and their only recent release of records required Lakić, Olivera of murder attempted the to lated in thelastninemonths, includingdocuments re sion, prosecutors have not submitted documents for theprosecutors. According to theCommis the lasttwo to three years, theproblem remains the police force thesituation hasimproved over these institutions.However, while inrelation to with securingthenecessary cooperation from sion’s inception, there has been an ongoing issue from police andprosecutors. Since theCommis tasks itdependsoninformation anddocuments investigatory body, for theimplementation of its Attacks on Journalists. While thelatter isnot an the Commissionfor Monitoring Investigations of tions, includingmediaoutlets and,increasingly, that isslow to interact with outsideorganisa vices and the perception that it is a closed group ser prosecuting the efficacy of and capacity the Beyond thisconcern, criticismhasendured asto Jovanovic and Tufik Softić. did not take itinto consideration aspart of the submit itto therelevant authorities, thecourt was ableto obtain acopy of theconfession and the police archives. Although theCommission victed for themurder of Duško Jovanovic from tailed confession from theonly individual con de a of disappearance apparent the and Lakić investigating theattempted officers murder of Olivera police by testimony false the instance media workers inMontenegro. These includefor climate of impunity for attacks onjournalistsand have helpedto create andcontinue to fortify a by law enforcement andprosecuting services sion, unresolved historic andongoingfailings to contribute to the activities of the Commis Despite theimproved commitment of thepolice mandate. its fulfil to Commission the of ability the dercuts dermines thenature of thisrelationship andun concerted publicandpress pressure. This un ------sentatives. repre Softić’slegal from pressure after only ed DNAevidenceuntil 2013 bat usedintheattack was not investigated for the 2007, in Berane in home family his of front in beaten was who Tufik Softić journalist of case ficacy state’sof the response. the For in instance, connected to thecase,hasunderminedef external bodies, including legal representatives and a reluctance to respond to requests from was reported to theMFRRpartnersthat inaction proceedings againstthesuspect.Furthermore, it proach, includingenforceable rules that govern and reinforce astandardised andsystematic ap create to need the highlighted Marković Nikola their compliance inline with agreed procedures. operate, without amechanismthat cancompel cated onthe willingness of State entities to co is predi work Commission’s the of efficacy the ed intheir reports and, ashighlighted previously, to or engages with the recommendations includ no powers to ensure thegovernment responds bodies alone.Furthermore, theCommissionhas depends on the government and investigating vise, soany success inimproving investigations ad and monitor to solely is Commission’sremit powers to ensure it is fit for purpose. For one, the tentioned butcurrently doesnot have adequate mission, stated that theCommissionis well in court actionrequired intervention from theCom viewees including Jovo Martinović, whose recent anteed by the new administration. Many inter well fundedandthat itsexistence remains guar toring Investigations of Attacks on Journalists is ees, isto ensure that theCommissionfor Moni interview different of number a by echoed tion to address this situation, and one recommenda journalists andmedia workers. One tangible way in itscapacity to protect andprovide justice for form that despite someprogress remains limited ples paint apicture of asystem indire needof re Considered together, these concerns and exam , when prosecutors act ------

itorial interference andpossibleself-censorship.” curity andlow salaries,puttingthemat riskof ed remains precarious, particularly dueto jobinse sion the 2019, In Montenegro. in the conditions for journalistsandmedia workers against abackground of ongoingdeterioration of port pro-government outlets. The crisiscomes with fundsdisbursedunequally andusedto sup foul of the polarisation of the media environment, tion of fundsrelated to thepandemic would fall transparency, there are concerns that thealloca and outlets mostinneed. Without therequisite er it has benefitted the journalists, media workers use or any monitoring or evaluation asto wheth there hasnot beenany transparency aboutits outlets, media to support financial in €600,000 than more offered has state the Though demic. pan COVID-19 the to due deteriorated has and Journalists of Federation in Montenegro isat anunprecedented low level European of The situation of journalistsandmedia workers Schroeder Renate by Authored dia Ecosystem Working Conditions of Journalists andMedia Workers andHealth of Me problem, crimesagainstjournalistsandmedia For impunity to become asystemic andenduring gation that they have never participated. However,Marković dele MFRR confirmed the to Commission. the on sits police’tenegro’s‘secret sist, in particular the fact that a member of Mon about thecomposition of theCommissionper the participating state entities. Lastly, concerns established asthefoundation for this work by the Commission,asking why thishasnot been light thefrustration of thisideabeingmooted by high did Marković However, prosecutors. and the relationship between the Commission, police stated: “The economic situation of journalists European Commis ------these crimes. journalists and those charged with investigating issue issplitbetween those who would attack In thismanner. The responsibility for tacklingthis ute to and reinforce an atmosphere of impunity. all necessary avenues of investigation all contrib training andalackof commitment to undertake resources or allocations of personnel, insufficient vestigation’sfinancialinadequate independence, investigations, movements to underminethein Any unwillingness or resistance towards opening ponent ishow thestate responds to thesethreats. workersareinsufficient.alone Another vital com amendment to Article 29of theMedia Law recently adopted medialaw, with the was putforward duringthepublicdebate onthe media, suchasthechoice of editor-in-chief.” This that would regulate any unregulated issuesin (statute) document codified a adopt to ligation which could include“theintroduction of theob owners, their of influence the from actors media as Croatia and Slovenia to protect outlets and thorities to look to examples from countries such organisations suchas TUMM to call ontheau own economic andpolitical interests. This hasled ting pressure ontheir employees becauseof their and publicservice media.Media owners are put sorship isahugeproblem both inprivate media self-cen that said TUMM of Kračković Radomir the editor-in-chief, the freedom of in theappointment anddismissal of policy, the involvement of journalists editorial defining of issues the lates The special actof the mediaregu proposed : ------19 MONTENEGRO — VIRTUAL MFRR MISSION REPORT – 2020 20 MONTENEGRO — VIRTUAL MFRR MISSION REPORT – 2020 tablishes a fund for media pluralism, which is In addition,therecently adopted media law es produced thepiece inquestion. consent of thejournalistor media worker who the gaining without modified have they articles work. This would prevent editors from publishing ing the integrity of journalists and media workers’ provision, advocated for by TUMM, for protect Further to this,themedia law establishesanew the: TUMM budget. state the from financed of entrepreneurship, consumer pro affirmation tourism, and agriculture and healthy lifestyles, promotion of and tourism, promotion of health tection, sustainabledevelopment importance for environmental pro of topics finance also will Fund The ities andchildren, sportsand youth. peoples andother minority national tion of rights and dignity of minority culture, artandeducation, protec topics...topics dedicated to science, rent social,political andeconomic integration of Montenegro and cur preservation of tradition, European promotion of cultural diversity and science). the media(so-calledclauseof con program baseor program content of in the change significant a to leads erning structure of themedia, which a changeinownership or thegov with justsatisfaction incasesof such itor-in-chief hastheright to resign cedure according to which theed nalists, andtheconditions andpro work andtheresponsibility of jour , thisfundcansupportcontent, including According to ------also stresses that “self-regulatory bodiesare pro once a year through apubliccompetition. TUMM independent commission and will be distributed Regulators for Audiovisual Media Services andan the fund will be administered by the Board of budget, state annual the of 0.08% from Funded pendent mediashortof asmall number inde of pro sustainable financially a of absence The want to bejournalists. met, has he students journalism the of 10% only estimated Jovović Mihailo while available, jobs modules available to study andthenumber of imbalance between thenumber of courses and an is there that commented JUFREX of Ristović working overtime.” As concerns students, Boris the compensation to which they are entitled for hours. Yet, every other respondent never gets of getting thejobdoneduringregular working luxury the have employees of 13% over just and viewedmanysay“as 63% as they workovertime, 2019 Problems TUMM’sin report, captured was ditions inthePRor communications sector. This fessionals alike looking for better working con journalism students andexperienced mediapro tic profession isnot perceived asattractive, with proliferation of insecure contracts, the journalis equate working conditions, low income andthe Due to lackof opportunitiescoupled with inad the interviewees. highlighted by difficulties economic the of some and transparently disbursed,thiscould address cover operating costs.” Correctly administered vided with financial assistance from sub-funds to literacy. unteerism andpromotion of media development of civil society and vol of vulnerable categories of society, against addiction,social integration tection, fight against corruption, fight , which found that of thoseinter New Media Old ------essary reporting, theability for NGOsto access may underminetheir ability to carry outthenec to cover stories or issuesoutsidetheir specialism in delivering. But while thisandthelimited ability and targeting that mediaoutlets are experienced ally have the ability to publish with the frequency ity issimilarly diminishedandthey donot gener ernmental organisations (NGOs),buttheir capac resource-heavy form of reporting onnon-gov and hasplaced theonusof thislong-form and This hasbeenseenglobally across theindustry investigative unit. its maintain afford to not could Vijesti, oneof thelargest outlets inMontenegro, that Jovovićstated Mihailo houses. media larger including outlets, many affecting is This action. adverse responses including the threat of legal support to ensure they candefend againstany location of timeandfunds,as well asinstitutional al significant require to tends which journalism, in Montenegro isnot welcoming to thisform of journalism. They agreed that the environment jan Milovac outlinedthethreats to investigative De and Jovović Mihailo both environment, dia Commenting onthehealthof theoverall me or supported. community; medialiteracy isnot beingnurtured sumed, understood andtrusted by thebroader vironment itself, butalsohow reporting iscon This has further damaged both the media en journalism. ‘clickbait’ of growth the encouraged in thelossof more specialisedreporting and resulted also has offer, which on alternatives of outlets or the state, has restricted the number ternative funding sources outwithconventional ject-based portals,paired with thelackof al ------as, beliefs, backgrounds or political opinionsin that hasconstructed dichotomies between ide a tangibleoutcome of theendemicpolarisation the broader mediaenvironment. Whether this is workers andoutlets andtheimpactthishason the lackof solidarity between journalists,media An issueraised by multipleinterviewees was available to mediaoutlets. curity and flexibility to pursue this work that is not se financial level of a them offers donors) tional bodies (both basedinMontenegro andinterna sector 3rd other and foundations from funding tory standards. issue is reinforced by the lack of shared regula this Kračković to Accordingissue. this resolve to to bealackof will onbehalf of themediaowners lective Agreement for thissector, there appears negotiations for theadoption of theBranch Col need to alsobeaddressed. When itcomes to There appear to behierarchical issues which improvement of media freedom in Montenegro. solidarity canbebuiltanddirected towards the tor workers. upon basis significant a is which This grin mediaor approximately half of all mediasec frommembers moretwenty600 than Montene membership ishigh. According to cerning especially inlight of thefact that union from or with others. This lack of solidarity iscon willing to seek outor provide supportor solidarity in media outlets and actors being unable or un er threats outlinedinthisreport. This hasresulted resources the oth ormagnified has this support, fighting orcollaboration,tooverthe posed scant a manner that encourages confrontation as op TUMM , ithas ------21 MONTENEGRO — VIRTUAL MFRR MISSION REPORT – 2020 22 MONTENEGRO — VIRTUAL MFRR MISSION REPORT – 2020 beyond existing and calcified schisms and di and schisms calcified and existing beyond tration, eachof which requiring thestate to move ed and urgent attention from the new adminis litany of issuesthat require immediate, concert of interviews aspartof thismission,there are a their commitments. As highlighted in the series the new coalition by their deedsasopposedto the scale of this shift, instead holding off to judge defining resisted interlocutors our of many tors, changes to support the livelihoods of media ac self-regulation, reforms to address impunity and public service broadcasting, defamation law and bracing European standards oneverything from change inpriorities,clearer commitments to em the changeinadministration could bringforth a While there was cautious optimism about how pacts on society, culture, politics and the media. division in a manner that will have long lasting im interviewees, centralised power andentrenched system that had,intheopinionof many of the a to jolt a is 2020 August of result election The Conclusions take committed, well-resourced andstructured is apredominant factor of thelandscapethat will work. This polarisation -the“spoils of to war” safely mentality - actor and outlet every for field resources andto ensure afree andfair playing journalists, the allocation of support funds and against crimes to respond to ability state’s the lic service broadcasters, trust of media actors in frames theeditorial andpolitical positionof pub to dismantle theentrenched polarisation that much-needed change of direction is the need the opposition to a free media. A central tenet of the of much defined has that dehumanisation timidation, corporate or state interference or the and securely, free from threats of violence or in ists andmedia workers are ableto work safely Media freedom will only survive when journal or communities. dom for all,not solely their own cohorts, patrons vides to work towards strengthening mediafree ------ever, a number of actions can be identified that identified be can actions of number ever,a How fixes. quick no with work significant is This spects theruleof law, inlaw andpractice. threats, embeddedinabroader system that re safe working environment free from attacks and ent funding,shared regulatory standards anda by supportfor publicinterest reporting, transpar defined is and standards European with forms and maintaining a media landscape that con to commit to the necessary reforms for building work to address. The new administration needs monitoring. Establishing rulesor guidelinesthat mentation in a timely fashion to aid all mandated providing thenecessary andcomplete docu vestigations of Attacks on Journalists, suchas the needsof theCommissionfor Monitoring In comply with their responsibilities to respond to that buildpublictrust,it is vital that prosecutors supporting independent oversight mechanisms as describedby our interlocutors. Interms of ly in the prosecutors’ approach to complex cases quire achangeinmentality andculture, especial vestment inbuildingtheir capacity. It will alsore and prosecuting authorities,underpinned by in will require significant reform of law enforcement ing that they are no longer beyond justice. This strate to thoseseekingto silence critical report signal to themediacommunity, butalsodemon significant a send only not would This workers. attacks and threats against journalists and media tors of and, where relevant, masterminds behind the perpetra tojustice bring and effective and vestigations andprosecutions mustbethorough fully and with theurgency they require. Those in punity cases,are investigated andprosecuted media workers, both ongoingandenduringim It isessential that crimesagainstjournalistsand such amedialandscape. ing thesustainablereform necessary to achieve will bekey to rebuilding thetrustandimplement ------ing reform of theselectionandapproval process cess of thereform, itmustbeimproved, includ the importance of theRTCG Council to thesuc insulate it from critical anddiverse voices. Dueto the broadcaster to support thegovernment and mimic theactsof theprevious government, using the easier it will befor thenew administration to outlet remains below therequisite standards, public broadcaster isincomplete. The longer the the progress of transitioning RTCG towards a and Osservatorio BalcanieCaucaso Transeuropa organisations suchasReporters Without Borders as outlinedby theEuropean Commissionand freedom, pluralism anddiversity. Furthermore, international bestpractice andprotects media with line in is that manner a in priorities different the between balance the address modifications and organisations isneededto ensure that any latory Council for Local Press and media outlets Council for Self-Regulation and the Self-Regu ulatory authorities,councils suchastheMedia greater engagement between state entities, reg this situation outlined in the recent media law but proved. There have beenmovements to improve nalism that needsto beeither protected or im across divisionsandfoster ashared ideal of jour ception that there are noshared normsthat cut sary complexity, while alsoreinforcing theper nisms are builtfosters uncertainty andunneces and uniform standards upon which all mecha ently problematic, thelackof shared, transparent nisms isnot uniqueto Montenegro andnot inher mecha self-regulatory different of organisation of thepublic service broadcasters. While the ulatory environment andtherole andapproach shadow butisespecially pronounced inthereg The polarisation in Montenegro casts along is already established. tion for prosecutors to work with the commission but thisshouldnot delay progress; theexpecta tant step towards reinforcing thisresponsibility, are monitored andenforced would beanimpor ------while alsoattempting to move closer to Europe the rulesgoverning themediainMontenegro, dia law haspromised to moderniseandsimplify the media law in an election year, the new me reform to decision state’s the towards society civ il from criticism significant was there While disadvantaging private mediaoutlets. insulate thestate from scrutiny, while alsofurther continue to beusedto deepenpolarisation and ence in its functioning. Without reform, RTCG can conflicts of interest and guarantees of independ of council membersandimproved responses to pends onitisat stake. landscape inMontenegro andeveryone who de cast aside. The healthand viability of the media ness, thisisanopportunity that shouldnot be While optimism may becouched incautious protect every journalist,media worker andoutlet. to Montenegro’s commitment reaffirm and dom distance already covered atthe to protect mediafree look to opportunity a significant offers it does not signify meaningful change in itself, but A changeof administration following anelection not dolastingdamage. This needs immediate attention to ensure it does including judicial review andavenues for appeal. adherence to international standards is needed, es and whistleblowers to step forward. Closer the work of journalistsand will dissuadesourc through threats of punitive action undermines able to force journalists to reveal their sources Most notably, thefact that prosecutors will be threaten fundamental principlesfor journalism. owners andjournalists,anumber of reforms address power discrepancies between editors, with the patchwork regulatory environment and However, while thereform attempts to grapple an standards aspartof theaccession process. ------23 MONTENEGRO — VIRTUAL MFRR MISSION REPORT – 2020 24 MONTENEGRO — VIRTUAL MFRR MISSION REPORT – 2020 To the authorities of Montenegro: of authorities the To Recommendations • • • the state to, amongother things: safeenvironment. working This willrequire journalists andmedia workers andcreate a End impunity for attacks and threats against public andprivate; both outlets, all for field playing fair a age regulation of themediamarket that encour Establish shared standards and principles for relevant stakeholders; dia through meaningful engagement with all Address the polarisation of politicsandme • • ists to adequately carry out its oversight ing Investigations of Attacks on Journal Empower theCommissionfor Monitor ed or profited of them; terminds and those who may have fund sponsible, includingperpetrators, mas such crimesandprosecute all thosere effectivelythoroughly investigateand to forcement andprosecuting authorities Reform and build the capacity of law en ------• • • • its management andoversight; tice. This includesensuringindependence in with international standards andbest prac broadcaster to publicbroadcaster inline Continue thereform of RTCG from state ner. media outlets inafair andtransparent man tised, tendered and administered to private Ensure that government advertising isadver media freedom andpluralism; and, ards andbestpractice, includinginterms of are drafted inline with international stand Ensure that all new or amendedmedialaws interest; ers will feel safe to speakoutinthepublic with international standards, so whistleblow Reform journalisticsource protection inline other state institutions; powers to compel thecooperation of adequate resources andthenecessary mandate, includingendowing it with - - - - - To the journalistic community in Montenegro: in community journalistic the To To the international community: international the To • • • • • and, media freedom, transparency andpluralism; tion andshared commitments to protecting collabora greater encourage to differences media workers and outlets, irrespective of Encourage solidarity between journalists, contribute to divisiveness andpolarisation; the highestethical standards, that doesnot Practice responsible journalisminline with landscape. towards amore free andpluralist media Continue to supportreform inMontenegro sion process for theEuropean Union; and, pluralism isscrutinisedaspartof theacces Ensure mediafreedom, transparency and journalists; Condemn any attacks andthreats against - - • and pluralism. to international standards onmediafreedom on ashared understandingandcommitment lation, ensure that thepractice overall isbuilt While respecting the principle of self-regu - 25 MONTENEGRO — VIRTUAL MFRR MISSION REPORT – 2020 Media‌ ‌Freedom‌ ‌Rapid‌ ‌Response‌ ‌(‌MFRR‌) ‌tracks,‌ ‌monitors‌ ‌and‌ ‌responds‌ ‌to‌ ‌violations‌ ‌of‌ ‌press‌ ‌and‌ ‌media‌ ‌freedom‌ ‌in‌ ‌EU‌ ‌Member‌ ‌States‌ ‌and‌ ‌Candidate‌ ‌Countries.‌ ‌This‌ ‌project‌ ‌provides‌ ‌legal‌ ‌and‌ ‌practical‌ ‌support,‌ ‌public‌ ‌advocacy‌ ‌and‌ ‌information‌ ‌to‌ ‌protect‌ ‌journalists‌ ‌and‌ ‌media‌ ‌workers.‌ ‌The‌ ‌MFRR‌ ‌is‌ ‌organised‌ ‌by‌ ‌a‌ ‌consortium‌ ‌led‌ ‌by‌ ‌the‌ ‌European‌ ‌Centre‌ ‌for‌ ‌Press‌ ‌and‌ ‌Media‌ ‌Freedom‌ ‌(ECPMF)‌ ‌with‌ ‌ARTICLE‌ ‌19,‌ ‌the‌ ‌European‌ ‌Federation‌ ‌of‌ ‌Journalists‌ ‌(EFJ),‌ ‌Free‌ ‌Press‌ ‌Unlimited‌ ‌(FPU),‌ ‌the‌ ‌Institute‌ ‌for‌ ‌Applied‌ ‌Informatics‌ ‌at‌ ‌the‌ ‌University‌ ‌of‌ ‌Leipzig‌ ‌(InfAI),‌ ‌International‌ ‌Press‌ ‌Institute‌ ‌(IPI)‌ ‌and‌ ‌CCI/Osservatorio‌ ‌Balcani‌ ‌e‌ ‌Caucaso‌ ‌Transeuropa‌ ‌(OBCT).‌ ‌The‌ ‌project‌ ‌is‌ ‌co-funded‌ ‌by‌ ‌the‌ ‌European‌ ‌Commission.‌ ‌‌ www.mfrr.eu‌

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