SERBIA Indicators on the level of media freedom and journalists’ safety 2018 SUMMARY OF THE FINDINGS
SERBIA Indicators on the level of media freedom and journalists’ safety 2018 SUMMARY OF THE FINDINGS
Author: Marija Vukasović September 2018 Original title Serbia - Indicators on the level of media freedom and journalists’ safety 2018 - Summary of the findings
Publisher Independent Journalists’ Association of Serbia
Author Marija Vukasović
Translator Maša Matijašević
Design Lavi studio
The electronic version of the publication is available at safejournalists.net.
This publication has been produced with the financial assistance of the European Union and the Kingdom of the Netherlands. The contents of this publication are the sole responsibility of the Independent Journalists’ Association of Serbia and its authors, and can in no cir- cumstances be regarded as reflecting the position of the European Union or the Kingdom of the Netherland.
SERBIA - INDICATORS ON THE LEVEL OF MEDIA FREEDOM AND JOURNALISTS’ SAFETY 2018 Contents
Summary of the findings 5
Project Goals and Research Methodology 4
A. Legal Protection of Media and Journalists’ Freedoms 5
B. Journalists’ Position in the Newsroom, Professional Ethics and Level of Censorship 7
C. Journalists’ Safety 7
Recommendations 8
Overview of Indicators on the Level of Media Freedom and Journalists’ Safety in the Western Balkans 10
A. Legal protection of Media and Journalists’ Freedom 11
B. Journalists’ position in the newsroom, professional ethics and levels of censorship 20
C. Journalists’ safety 26
[ 3 ] Contents This report presents the findings of the third research This third research study was conducted by Marija study conducted within the regional project “Western Vukasović, on the basis of the common methodology Balkan’s Regional Platform for Advocating Media Free- developed for all five countries. The following methods dom and Journalist’ Safety”1, which is implemented by have been employed for data collection and analysis: the national journalists’ associations in Bosnia and Her- zegovina, Kosovo*, Macedonia, Serbia, and the trade ■■ Qualitative Documents Analysis (QDA) of: resear- union in Montenegro. The report is a follow-up to the ch studies and analyses produced by other rese- baseline study which presented more broadly the legis- arch organisations, academia, NGOs, individual lation, socio-economic and political situation with media researchers etc.; official documents produced by freedom and journalists’ safety identified the key chal- public institutions (legal acts, by-laws, strategies, lenges and recommendations for journalists associa- annual reports, minutes from meetings, press re- tions and other stakeholders2. The main objective of this leases) and media coverage (texts, articles, news third research study is to detect new developments and reports and other published materials). to make comparisons with the level of media freedoms ■■ Qualitative interviews with 16 individuals (journa- and journalists’ safety identified in 2016 and 2017. lists, lawyers, media experts, representatives of public institutions or NGOs). ■■ Official statistical data requested from public in-
1 The project is funded by the European Commission, stitutions or collected from available websites or under the Civil Society Facility and Media Programme from other published sources. 2014-2015, Support to Regional Thematic Networks of Civil Society Organizations. 2 Independent Journalists’ Association of Serbia, “Indi- cators on the Level of Media Freedom and Journalists’ Safety – Serbia“, (Belgrade: IJAS, 2016). Accessed: http:// safejournalists.net/wp-content/uploads/2016/12/Full-WB- Media-Freedom-Indicators-2016-ENG.pdf. * This title is without prejudice as to the status and is in line with the UN Security Council Resolution 1244 and the opinion of the International Court of justice on the declaration of independence of Kosovo.
SERBIA - INDICATORS ON THE LEVEL OF MEDIA FREEDOM AND JOURNALISTS’ SAFETY 2018 Summary of the findings
A. Legal Protection of Media and Journalists’ Freedoms
Media freedom and freedom of expression in Serbia are guaranteed by media laws and the Constitution. Media experts think that the laws as such are not bad and that the problem primarily lies in the lack of will to enforce them. Even though laws are basically good and even though they correspond to European standards and practices, there is room for improvement. Certain amendments have been announced by relevant minis- tries. (Section A)
Work on development of the new “Draft Strategy for the Development of the Public Infor- mation System in the Republic of Serbia by 2023” has been initiated. Due to significant disagreement on the composition and work of the initial working group, representatives of journalists and media associations and one independent expert left. The Draft pro- duced by the Ministry was rejected and a new working group, that includes represen- tatives of associations, was established. They continue working on the document. To resolve current issues and problems in the media, a Team for dialogue and the Coordina- tion body were formed in agreement with the Government. (Section A.1.)
Following the exit from the first working group for the production of the Draft Strategy, Independent Journalists’ Association of Serbia and four other journalists’ and media as- sociations continued working on advancing existing media policies. Assisted by media professionals and legal experts, they produced a document “Contributions to the De- velopment of the Public Information System Strategy by 2023”, which comprises the
[ 5 ] analysis of the extent of implementation of the previous continued their work nevertheless, and this was the reason Strategy and proposals to overcome the existing issues why some associations did not accept funds allocated with- in the media sphere. This document presents the com- in the competition. Another problem is that the funds were, mon positions of the five associations and was accepted against the rules, awarded to media outlets which violate as one of the starting documents the new working group ethical and professional standards. (Section A.1.) will use for development of the Media strategy. (Section A.1.) Information in national minority languages is not at a sat- isfactory level in Serbia. Financial sustainability of media As in the previous years, journalists and media experts reporting in minority languages is also a major issue due agreed that media freedom is at a low level and it has to the lack of financing mechanisms. (Section A.1.) been declining for some years. This is primarily due to the fact that media is controlled in different manners, Institutional autonomy and editorial independence of while independent outlets and journalists working in public broadcasting services is guaranteed by law; how- accordance with professional standards are under con- ever, experts agreed that this is still not implemented in stant pressure. Local media is especially vulnerable. The practice. The way PSB is financed still remains a major fact that media freedom in Serbia is at a low level was issue as it cannot ensure its independence. The only also stressed by all relevant international organisations form of public control over the work of the public ser- in their reports. (Section A.1.) vice broadcaster is the Programme Council. However, it is primarily an advisory body and its opinion is not bind- One of the major reasons for the poor condition of me- ing. Another issue lies in the fact that the manner of ap- dia freedoms continues to lie in the politicised work and pointment of the Programme Council members does not lack of efficiency of the Regulatory Authority of Electronic ensure its independence. (Section A.1.) Media (REM), primarily its Council. Media experts believe that politicising of the regulator’s work continued, that it Even though libel is decriminalised in Serbia, this has has been thoroughly passivised and that there is no po- not contributed to a better position of journalists, only to litical will to allow it to operate independently. The signifi- an increase in the number of civil lawsuits against them. cant problem is that the regulator does not use its legally Claims are still filed to courts in large number; in the ob- prescribed authorities sufficiently - in 2017, REM issued served period, the number of filed claims was 650. As only three measures, two reprimands and one warning. of recently, there has been an increase in the number This body is not sufficiently transparent and does not op- of lawsuits by journalists against journalists and media erate in full composition, as the REM Council members outlets. This is a result of the mounting tabloid journal- lacking have not been appointed yet. (Section A.1.) ism primarily, as well as frequent smear campaigns led by pro-governmental tabloid media against certain jour- Pressures against media through advertisers are still nalists who are likely to be critical of authorities. Uneven quite intense, with local media especially exposed to court practices still present a significant issue, even them. A separate law that would regulate advertising of though judges have started quoting the European Court state companies was announced since it’s not regulated for Human Rights decisions. (Section A.2.) by the Law on Advertising; however, this has not been done yet. Meanwhile, this area remains inadequately Political pluralism in media is guaranteed by law and regulated, resulting in numerous problems including – there were no legal modifications to this effect. REM is as media experts believe - unlawful influence on edito- mandated to supervise broadcasters and ensure obser- rial policies of media outlets. This issue has also been vance of the prohibition of political advertising outside emphasised by the European Commission in its “Serbia election campaigns, as well as representation of regis- 2018 Report”. (Section A.1.) tered political parties, coalitions and candidates without discrimination during the election campaigns. REM regu- The process of project co-financing for the purpose of lated obligations of broadcasters in the “Rulebook on the achieving public interest goals in the area of public informa- Obligations of Providers of Media Services during the tion deteriorated in comparison to the previous year. There Election Campaign”. However, as in the previous year, it were no legal amendments in this area; however, it seems failed to perform the monitoring. This is why in 2017, IJAS that the real issue lies in the implementation of laws and filed criminal charges against REM Council members cit- seeking ways to surpass them. Problems with announcing ing criminal offence of negligence in exercising authority; the competitions, selection of projects, allocation of funds the proceedings are still pending. During the reporting and their evaluation still exist. This year candidates from period, candidates and parties did not have equal and non-representative media and journalists’ associations and fair access to media during the election campaign and in certain experts, both unknown to the professional and gen- the period outside of it. (Section A.3.) eral public, were appointed as members of the commis- sions. This happened at the Republic competition, which In Serbia, journalists are not licensed. The trend of not functioned quite well previously, and resulted in major inviting certain media outlets to events of public interest associations withdrawing their candidates. Commissions continued, while some journalists are even prohibited
[ 6 ] SERBIA - INDICATORS ON THE LEVEL OF MEDIA FREEDOM AND JOURNALISTS’ SAFETY 2018 from reporting from certain events. Pressures are exert- but it includes a large number of areas and data is not di- ed on journalists’ associations and are mostly aimed at versified, thus there is no information on the number of em- associations who are critical of representatives of the au- ployees in the media industry. Journalists are increasingly thorities when media freedoms are violated. The organ- engaged as part-time associates. Most of the researches isation of journalists into trade unions is still quite poor. on salaries indicate that average salaries in journalism are The Press Council is one of the few organisations which below the Republic average. (Section B.1.) had positive results in its work; however, this body is also subjected to pressures, exerted in subtler manners and Privately-owned media outlets in Serbia do not have through different channels. (Section A.4.) separate acts that ensure the independence of the newsroom from the management and the advertising Protection of journalists’ sources is regulated by law and department. Also, they mostly don’t have separate rules it is generally observed. In the previous year, there were on editorial independence from the owner and manage- no serious cases of journalists being requested to dis- ment bodies. One of the rare examples of media outlets close the identity of their sources or imposed sanctions who have such internal act is the internet portal Južne for this reason. The occurring problem relates to abuse vesti. Private media outlets do not have separate codes of this institute: an increasing number of media outlets, of ethics. They are exposed to different pressures ex- primarily tabloid ones, quote anonymous sources and erted by owners as well as external pressures. (Section abuse this journalistic right. The problem of the lack of B.2.) protection of sources in the case of electronic commu- nications interception is increasingly present as it ques- In the previous year, public broadcasting services have tions whether journalists can provide anonymity to their not adopted separate codes of ethics. Articles of asso- sources. (Section A.5.) ciation of public broadcasting services and law prescribe editorial independence, as well as the prohibition of any The right to access information of public importance is form of censorship and illicit influence on the work of regulated by the Law on Free Access to Information of public media services, newsrooms, and journalists. As Public Importance. Even though the Law is good, it still before, the problem is that the editors are formally in- needs to be improved in some parts. However, the draft dependent, but that is not reflected in practice. Public law on amendments and supplements to the Law on broadcasting services are subjected to pressures from Free Access to Information of Public Importance which different sources. (Section B.3.) appeared in March 2018 was criticised for the intention to exclude state-owned companies from its implementa- In recent years, non-profit media outlets working primari- tion. Journalists exercise the right to access information ly in the online sphere and pursuing investigative journal- increasingly, but still not enough. Institutions are not suf- ism have become quite prominent. The majority do not ficiently open, and there are numerous cases of their re- have a separate code of ethics. Non-profit media out- fusal to respond to the request (so-called “administrative lets are frequently attacked and under pressure, mostly silence”). The major issue still lies in public companies through smear campaigns in media i.e. tabloids close to which do not respond to requests and, subsequently, the government who label journalists critical of authori- pay the fines issued by the Commissioner for Information ties as mercenaries and traitors. (Section B.4.) of Public Importance. The number of appeals filed to the Commissioner is high. According to the Commissioner’s Journalists and experts believe that in Serbia there is no Report, the number of appeals filed in 2017 was by 5.5% censorship in its original meaning, but that self-censor- higher than the number of appeals in 2016, i.e. 3,680 ap- ship is significantly rising. Journalists resort to self-cen- peals. Journalists believe that institutions in Serbia are sorship primarily for fear for their existence and the fear not sufficiently transparent. (Section A.6.) of losing their job. Journalists working in the local media are particularly affected. (Section B.5.)
B. Journalists’ Position in the Newsroom, Professional C. Journalists’ Safety Ethics and Level of Censorship
The Regional Platform for Advocating Media Freedom The position of journalists and other media professionals and Journalists’ Safety keeps a database of attacks in Serbia has been quite poor over a longer period of time. against journalists and other media professionals in They work in very difficult conditions, with low salaries and six countries of the Western Balkans. In Serbia, during irregular payments. There is no accurate data on the num- the period from September 2017 to the end of August ber of journalists, their salaries and type of labour contracts 2018, it recorded 28 attacks: 21 verbal threats, six physi- they hold. The Statistical Office of the Republic of Serbia cal attacks, and one attack against property. In 2017 the holds data for the field of information and communication, number of recorded physical attacks decreased, while
[ 7 ] Summary of the findings the number of verbal threats to the journalist’s life and Recommendations limbs, and their family members increased; half of these threats were addressed through the internet and social networks. In the observed period, a dramatic increase Given the general opinion that, although there is room in pressures against journalists was recorded. The data- for improvement, the media laws are not bad, a political base of attacks and pressures against journalists main- atmosphere and conditions that would ensure that laws tained by IJAS recorded 62 cases of pressures in 2017, are implemented must be created in the society. Reali- twice as many as in 2016. In the first eight months of sation of the following recommendations can contribute 2018, as many as 34 cases of pressures were recorded. to higher level of media freedom in Serbia: Journalists’ associations are exposed to pressures as well as to threats and intimidation - associations critical ■■ Advancing the work of Regulatory Body for Electro- of the authorities are the primary target. (Section C.1.) nic Media (REM) and positioning of it as an indepen- dent “guardian” of media pluralism in the electronic In December 2016, the Agreement on cooperation and media market by: measures to increase the level of journalists’ safety was signed between the Ministry of Interior, Republic Public —— Ensuring its greater financial independence thro- Prosecutor’s Office, and seven journalists’ and media as- ugh reduction of political influence and increased sociations. Based on the Agreement, a Standing work- transparency in establishing of its Financial Plan; ing group was established, comprising representatives —— Ensuring greater independence of the REM Co- of all signatories. Since the very beginning, there was a uncil members through changes of the autho- lot of disagreement in the Group about the implemen- rised proposers for their selection that would, tation of the Agreement; in the end, in November 2017, primarily, exclude political and state bodies and five journalists’ and media associations suspended their determine clear criteria for the election; membership in it. The Group had several meetings with —— Separating the independent regulator by making the aim to activate its status; however, by the end of the it clear that it is a separate (fourth) branch of go- composition of this Report, the position of associations vernment, controlled by the judiciary; remained the same. As in the previous year, the Agree- —— Making the role of REM in the pre-election cam- ment contributed to better communication between as- paign more precise; sociations and the Public Prosecutor’s Office and the —— Increasing transparency and accountability of Ministry of the Interior; a system of contact points has REM towards citizens, expanding communication been established so it is easier to report attacks or threats channels and arrange the existing ones so its ac- while it is also easier to obtain information about cases. tivities are clear to an average citizen. However, although the purpose of the Agreement was to contribute to increased efficiency in solving the cases of attacks on journalists, a significant problem remains as a ■■ Adoption of changes to the laws and by-laws rela- high number of such cases are unsolved. State officials ted to project co-financing of media content of public very rarely publicly condemn attacks against journalists, interest by: and when they do it, they do it selectively. (Section C.2.) —— Introducing the obligatory opening of calls for When it comes to secret surveillance of communication, proposals (competitions) and impose sanctions there is still no evidence that it is conducted contrary to in case of non-compliance; law. In the previous year, there were no cases of journal- —— Introducing a mandatory needs analysis regar- ists reporting on this issue. (Section C.2.) ding media content; —— Setting clear criteria for the selection of members of expert commissions and improve the work of commissions; —— Precisely establishing that the public authority has no right to change the expert commission’s proposals regarding distribution of funds; —— Improving the control mechanism regarding im- plementation of provisions and establishing an effective legal remedy in this field; —— Evaluating of projects that have been implemen- ted.
[ 8 ] SERBIA - INDICATORS ON THE LEVEL OF MEDIA FREEDOM AND JOURNALISTS’ SAFETY 2018 ■■ Regulate the field of advertising of state authoriti- ■■ The independence of newsrooms and journalists es and other duty holders legally, thus establishing from the media owners must be ensured by intro- accountability, control of fund distribution and increa- ducing special rules on editorial independence. The sing transparency. The system of public procurement possibility of signing an employment contract annex of media services must be improved. that defines professional rights and obligations of journalists and editors should be considered as it ■■ Providing a greater editorial independence and in- would protect their professional status more effec- stitutional autonomy of the public media services by: tively.
—— Establishing a more stable way of financing pu- ■■ Increasing and encouraging compliance with pro- blic media services through subscription fees as fessional standards. Adoption of in-house, specific a dominant source of funding; code of ethics in line with the Journalist’s Code of —— Modifying the composition of the public media Ethics in each media should be considered. service Program Councils, the way their mem- bers are selected, their role and competencies, thus ensuring a more efficient supervision over ■■ Creating an atmosphere in a society where citizens public media services, greater independence of and, above all, public officials understand the role of Program Councils and reduced influence over journalists in society, and that attacks and pressures them. on journalists are attacks on democracy. Also, it is ne- —— Strengthening the transparency of the public ser- cessary that the highest public officials condemn all vices and their responsibility to the public whose types of violence against journalists publicly, indiscri- interests they should represent and, in particular, minately and unequivocally. establishing a permanent communication servi- ces for citizens. ■■ Improving cooperation between institutions and re- presentatives of journalists and media associations ■■ Harmonisation of case law in proceedings against through the existing mechanism established by si- journalists in relation to publication of information in gning the Agreement on co-operation measures the media, with the practice of the European Court to raise security levels related to journalists’ safety, of Human Rights; trainings and workshops for judges and re-establishing and improving the work of the should be organised. Standing Working Group established within the fra- mework of the Agreement. It should be done by ■■ Improving the legal framework related to the access adopting internal acts thus ensuring a full and effecti- to information of public importance by amending the ve implementation of the Agreement in all its points. existing law. This should be done by extension of the subjects to which the law applies, and not through narrowing it, as foreseen by the Draft Law on Amen- ■■ Ensuring that the competent institutions act in accor- dments and Supplements to the Law on Free Access dance with a binding instruction that provides for to Information of Public Importance. Additionally, the urgent action in cases of attacks on journalists and issue of liability and sanction in the case violations initiate swift and effective investigations. By doing of the Law should be regulated. The need for grea- so, they will send a message to the society that the ter transparency of institutions must be ensured; the perpetrators of violence against journalists and those institutions must make certain information available who ordered it will be effectively brought to justice. to the public, primarily by publishing them on their websites. ■■ Conducting training for prosecutors and police offi- ■■ Establishing a better legal employment status of jour- cers in order to ensure a better understanding of nalists in order to improve their economic and social the specific issues related to safety of journalists status. The role and position of the trade unions must and more effective treatment by the competent aut- be strengthened and conditions for establishment horities in cases of endangering journalists’ safety. of social dialogue created. Branch collective agree- Complementary to this, organisation of the training ment must be signed. The efficiency of the labour of journalists in terms of their right to criminal legal inspection in cases where the rights of journalists are protection and their obligations regarding criminal violated must be improving, not used exert pressure proceedings. on the media.
[ 9 ] Summary of the findings Overview of Indicators on the Level of Media Freedom and Journalists’ Safety in the Western Balkans
[ 10 ] SERBIA - INDICATORS ON THE LEVEL OF MEDIA FREEDOM AND JOURNALISTS’ SAFETY 2018 Legal Protection of Media A and Journalists’ Freedom
A.1 Does national legislation provide guarantees for media freedom and is it efficiently implemented in practice? (Reporting period: September 1, 2017 – August 31, 2018) Indicators Bosnia and Herzegovina Macedonia Montenegro Kosovo Serbia Is the right to freedom The right to freedom The right to freedom The right to freedom The right to freedom The right to freedom of expression and of expression is of expression is of expression is of expression is of expression is information guaranteed? guaranteed with the guaranteed by the guaranteed by the guaranteed by the guaranteed by the Does it also encompass constitutions and Constitution and with the Constitution and with a Constitution and media Constitution and media access to the internet? with the media laws, media laws, including corpus of media laws, laws, including access laws, including access Are the legal guarantees including access to access to the internet. including access to to the internet. There is to the internet. There is implemented in internet. There is no There is no specific law the internet. There is no specific law which no specific law which practice? specific law which which regulates the no specific law which regulates the online regulates the online regulates the online online sector. Some regulates the online sector. Legal guarantees sector. Legal guarantees sector. Some laws legal provisions should sector. Since some of are poorly implemented are not sufficiently should be improved be improved (Law on the media laws were in practice. implemented in practice. (defamation laws, Audio and Audiovisual outdated, currently In general, freedom of access to information Media Services). Legal there is a process of the media is at a low law, communication guarantees are not amending the Law level. law). Legal guarantees efficiently implemented on Media, the Law on are not efficiently in practice. RTCG. Legal guarantees implemented in practice. are not efficiently implemented in practice.
[ 11 ] A.1 Does national legislation provide guarantees for media freedom and is it efficiently implemented in practice? (Reporting period: September 1, 2017 – August 31, 2018) Indicators Bosnia and Herzegovina Macedonia Montenegro Kosovo Serbia Was the media General perception In the reporting period, The process of In 2017, several changes The process was legislation developed is that the process draft-amendments to amending the Law to the draft law on the transparent and in a transparent and was transparent, but the Law on Audio and on Media, the Law on RTK were debated inclusive to a certain inclusive process? very slow. Current Audiovisual Media RTCG was transparent in a closed session extent, because relevant laws are lagging Services were submitted and inclusive, but the of the Parliamentary journalists’ associations behind technological to the Parliament. The proposed provisions Commission on Media. were involved. New developments. process was transparent aimed at protecting The process was media strategy is and inclusive. journalists from owners’ neither transparent nor being drafted and influence were not inclusive. amendments to the accepted in the final media legislation were draft-texts. announced. Have the state Such cases haven’t Such cases haven’t Such cases haven’t The Parliamentary In the reporting period authorities attempted been registered. been registered. been registered. Commission on Media the Share Foundation to restrict the right to proposed the adoption registered seven cases internet access or seek of a new Media Law of blocking or restricting to block or filter internet aimed, among other, at content on internet. content? “disciplining portals”. The There is no evidence initiative was criticised that the state authorities by AJK and other actors attempted to violate as an attempt to control freedom of expression the online media sector. on the internet. Is the regulatory The regulator is not There has been an Formally, the The regulator is The regulator is not authority performing its perceived as an improvement in the independence of the not perceived sufficiently independent mission and functions independent and non- previous years in regulator is guaranteed, as independent. and transparent and in an independent and discriminatory body by terms of its efficiency, but it is also necessary Nomination of members does not use its legally non-discriminatory the journalists, because but the regulator is to increase its powers, is politically motivated. defined competencies. manner? the politicians in power still not perceived as including the power to The Council is politically directly influence independent from impose sanctions. influenced and still the appointment of political interests. The dismissal of a works with incomplete individuals in the member of its Council composition. highest positions in the was proof of direct regulatory body. political pressure on the regulatory body. Is there a practice of State advertising in the The new Government There is a general Public institutions State advertising is not state advertising in the media is not adequately stopped the practice perception that the allocate funds to online adequately regulated media and is it abused regulated by law. It has of state advertising in practice of state media in a selective and in the legislation. for political influence huge impact on the 2017. However, at local advertising opens up a non-transparent manner. Therefore, the allocation over editorial policy? editorial policy of media level, municipalities huge space for abuse Banners published on of funds is very often which receive money still allocate significant and it is used as a tool news portals do not selective and not from the State Budget. amounts of money for financial support to present any particular transparent. It is one of Around 30 million euro from the municipal the media affiliated with activity of the ministries. the main mechanisms is spent annually by budgets to the local the Government. for pressure over the various institutions for media. The Association media and on their advertising in the media. of Journalists of editorial policies. Macedonia warned that this practice undermined professional journalism and infringed the independence of local media. Are there any types There are no media At present, there is At present, there are no There are funds from There is a funding of media subsidies subsidies. no funding scheme to media subsidies. the Office of Community scheme aimed at for the production encourage production Affairs within the Prime encouraging production of media content of of content of public Minister’s Office, but of programs of public public interest and how interest. There is an this year’s call is not interest in the electronic, is it implemented in initiative to introduce aimed to media but only print and online media. practice? subsidies for print media to non-governmental There are many and media in minority organisations. inconsistencies in its languages. implementation: some funded programs are not of public interest, lack of evaluation procedures, abuse and misuse of law etc. Even the media that violate ethical rules of conduct are funded.
[ 12 ] SRBIJA INDIKATORI ZA NIVO SLOBODE MEDIJA I BEZBEDNOSTI NOVINARA 2018 What are the Such mechanisms do There are no National minority media There is no mechanism There is a funding mechanisms for not exist. mechanisms for financial are financially supported for funding private scheme provided by financing media in the National minorities and support of language only through the Fund media in the languages the state and municipal languages of national vulnerable groups are diversity in the private for the Protection of national minorities. budgets. minorities? dissatisfied with the media. The public and Implementation The public broadcaster However, media in programs produced by broadcaster (MRT), of Minority Rights. (RTK), broadcasts minority languages the public broadcasting broadcast radio and However, the last call programs in all minority are still financially services aimed TV, produces programs was published in the first languages (Serbian, unsustainable, because specifically for these in the languages of half of 2017. Bosnian, Turkish and there is no mechanism groups. six non-majority ethnic Roma). Since June 2013, to finance informative communities. the Serb minority has its programs in different own channel on RTK2. languages. Is the autonomy and Autonomy and Autonomy and Autonomy and The autonomy and Autonomy and independence of the independence is independence is independence is independence of PSB independence is PSB guaranteed and guaranteed by law. guaranteed, but not guaranteed, but it was is guaranteed but legally guaranteed. efficiently protected? There is still no implemented. The seriously undermined poorly implemented. However, the PSBs Does the funding appropriate funding funding framework with the dismissal of Direct funding from are not financially framework provide for framework for the public does not provide for two members of the the State Budget does independent because its independent and services in Bosnia and stable functioning. The RTCG Council and its not provide stable the funding framework stable functioning? Do Herzegovina. There MRT Council does not President Djurovic (who and independent does not provide for the supervisory bodies are indications that represent society at remains in the Council operation of RTK. The their stable functioning. represent the society at politicians influence large. as a member), the new draft law on the The Program Council large? to great extent the change of the entire RTK envisages a new is not controlled by nomination of editors management and the mixed funding model: the society, because and management of editorial team. Therefore, fee collected through the politicians in the public services. the supervisory body electricity bills and 0.4% power influence the The supervisory bodies is currently politically from the State Budget. appointment of its do not represent the influenced and does The supervisory body members. It only serves society at large. represent the society does represent society, an advisory function. at large. The funding but it is politicised. framework was improved – the Government will provide 40 million euro for the RTCG operations in the next three years.
A.2 Does defamation law cause a “chilling” effect among journalists? (Reporting period: September 1, 2017 – August 31, 2018) Indicators Bosnia and Herzegovina Macedonia Montenegro Kosovo Serbia Are the defamation laws’ Defamation was Defamation was Defamation is Defamation is Defamation is provisions overly severe decriminalised 20 decriminalised in 2012. decriminalised. There is decriminalised. The Civil decriminalised, but this or protective for the years ago. Current The Law on Civil Liability a general perception that Law against Defamation has not improved the benefit of state officials? legislation is in line with is in place. The Law is it is easier to sue then and Insult does not situation for journalists. European standards – being implemented to defend from a lawsuit have provisions that are The number of lawsuits the provisions are not and its provisions are for damaging one’s overly protective for the for non-pecuniary protective for the benefit not restrictive for the honour or reputation. benefit of state officials. damage is still very of officials. journalists. Public officials do not large, and in some demonstrate a greater instances the fines are level of tolerance to very large. criticism, and this practice is not even understood by the courts. How many lawsuits A large number of According to From 2011 to June 2017, No lawsuits have There is no official have been initiated lawsuits have been filed the Association there were 109 cases of been initiated against data on the number of against journalists by the by politicians against of Journalists of defamation or libel in the journalists in the period lawsuits filed by public state officials in the past journalists (more than Macedonia, during courts. In these cases, under review. According officials. The total three years? a 100 annually). This the reporting period, more than a million euro to the court registry, number of lawsuits filed creates a very strong approximately 35 new were demanded from there were 59 lawsuits in the reporting period feeling of fear and lawsuits were filed the media, while in 24 for defamation and against journalists is causes self- censorship, against journalists. This adopted cases, media insult dating back from 650. The number of especially among the figure is ten times lower had to pay 45.300 euro. 2009. Out of these 59 all unresolved lawsuits journalists in local media. than in 2012. cases, 10 were filed by (including those from the state officials, and most previous years) is 1,011. of them were senior figures.
[ 13 ] Legal Protection of Media and Journalists’ Freedom A.2 Does defamation law cause a “chilling” effect among journalists? (Reporting period: September 1, 2017 – August 31, 2018) Indicators Bosnia and Herzegovina Macedonia Montenegro Kosovo Serbia Are there examples 105 lawsuits were filed Such cases have not Such cases have Such cases have not Such cases have not when other legal against a journalist been registered. not been registered. been registered. been registered. provisions were used to working for the daily However, there is a “silence” journalists for Oslobođenje. The perception that the large legitimate criticism or for magazine Slobodna number of lawsuits, investigative journalism? Bosna ceased large fines and the publishing its print low tolerance levels edition in 2015, under of public officials to pressure from a large criticism contribute to number of defamation the chilling effect among lawsuits. journalists. Is justice administered The courts are under Large fines have been Such cases have not There were isolated There is a perception in a way that is politically strong political influence. imposed on journalists been registered. cases when judges that in some cases the motivated against some The Basic Court in or media in several were politically courts’ decisions were journalists? What kinds Banja Luka made lawsuits filed by high motivated. For example, politically influenced, of penalties have been several controversial officials of the ruling in the case of a journalist such as the Minister of imposed? rulings in favour of party Democratic Union who was physically the Interior against NIN certain politicians for Integration. There attacked, the court weekly and the Minister who sued media or is a perception that ruled a four month of the Interior against individual journalists for these decisions were conditional sentence to the portal Peščanik. defamation. politically influenced. the perpetrator. Do the courts recognize The courts recognise The court may take The courts are not The courts do not The courts are not the self-regulatory the validity of a into consideration obligated to take into always take into obliged to take into mechanism (if any)? Do published correction the decisions of the consideration the consideration the consideration the they accept the validity and apology when Council of Media Ethics, decisions made by the decisions of the self- decisions of the self- of a published reply, deciding on the non- however this is not self-regulatory body. regulatory body. regulatory body. The correction or apology? pecuniary damage. obligatory lawyers usually submit the decisions of the Press Council when the Code of Ethics is violated. What do the journalists Defamation lawsuits are Only a small number In the survey conducted Journalists are generally Journalists have different think about the perceived by journalists of journalists think that in 2018, around 49% of not discouraged to opinions when it comes defamation law? Are as an enormous means the threat of defamation the journalists answered investigate and to write to the negative influence they discouraged to of pressure, especially influences their work. that the threat of critically. of defamation lawsuits investigate and to write for journalists working defamation is very or on their work. In the critically? in local communities. extremely influential on previous survey 26% of Many media are not their work. the journalists said that even financially capable the threat of defamation to participate in court is very or extremely proceedings. influential on their work.
A.3 Is there sufficient legal protection of political pluralism in the media before and during election campaigns? (Reporting period: September 1, 2017 – August 31, 2018) Indicators Bosnia and Herzegovina Macedonia Montenegro Kosovo Serbia Is political pluralism in There is only a There are no specific For the non-election There is only the Political pluralism for the the media regulated by general principle for provisions for protecting period, there is only a general principle for non-election period is media legislation (for the broadcasters to reflect political pluralism general principle for broadcasters to reflect only guaranteed in the non-election period)? political views and in the non-election broadcasters to reflect diverse political views. Law on Public Media sources of information. period. There is only diverse political views. Services. a general principle The amendments to for broadcasters to the Law on Electronic reflect diverse political Media define rules on views and to report in a media coverage during balanced and objective election campaigns and manner. political advertising.
[ 14 ] SERBIA - INDICATORS ON THE LEVEL OF MEDIA FREEDOM AND JOURNALISTS’ SAFETY 2018 A.3 Is there sufficient legal protection of political pluralism in the media before and during election campaigns? (Reporting period: September 1, 2017 – August 31, 2018) Indicators Bosnia and Herzegovina Macedonia Montenegro Kosovo Serbia Is the regulatory According to the Law The regulator is only The newly adopted The regulator is obliged The Law on Electronic authority obliged to on Communications obliged to monitor the provisions of the Law by law to monitor and Media provides the monitor and protect of Bosnia and audiovisual media in on Electronic Media protect political pluralism obligation of the political pluralism? Herzegovina, the the election period. oblige the regulator only during the period of regulator to protect regulatory principles of It also has the power to prescribe the the election campaign. political pluralism in broadcasting include the to impose sanctions broadcasters with the media during the protection of freedom of on the non-compliant codes of conduct during election campaign. expression and diversity media and in the past electoral campaigns. However, the regulator of opinion. It follows that year it has increased its During the last elections, did not monitor the the Communications decisions to do so. the regulator conducted media during the Regulatory Agency is monitoring of media’s presidential elections in obliged to monitor the election coverage. 2017 and local Belgrade implementation of these elections in 2018. regulatory principles during both election and non-election periods. What are the legal The Electoral Law The Election Code and The Election Code Media are obliged The Law on Electronic obligations of the specifies the principles by-laws prescribe the prescribe obligations under the Election Law Media and the Law on media during election of pluralism for all media. rules for fair and equal for the media to provide and Independent Media Public Media Services campaigns? The Communications access to all political fair and equal access Commission Code for prescribe rules on Law stipulates the parties, objective, fair to all political parties Conduct to present fair and balanced general broadcasting and balanced reporting and candidates, and to fair and equal access presentation of political principles which etc. report in an objective, to all political parties, parties, coalitions also encompass the fair and balanced objective, fair and and candidates. The protection of freedom manner. balanced reporting. regulator adopts the of expressions and Rulebook on the diversity of opinions, obligations of the fairness, accuracy and providers of media impartiality. services during election campaigns. Do political parties and Political parties don’t According to the OSCE There is an ostensible Political parties generally Political parties do not candidates have fair have fair and equal report, during the practice of political bias receive fair and equal have fair and equal and equal access to access to media, municipal elections in and unequal access access to media during access to media during the media during the especially in election October 2017 there has to media for political non-election and the non-election and the non-election period period. been an improvement in actors. The consistent election campaigns. election period. and during the election the access to a variety of infringement of equal campaigns? political positions in the access to media media – in comparison principle was evident to previous elections. during the April 2018 presidential elections, as it was visible in previous electoral cycles.
A.4 Is journalistic freedom and association guaranteed and implemented? (Reporting period: September 1, 2017 – August 31, 2018) Indicators Bosnia and Herzegovina Macedonia Montenegro Kosovo Serbia Do journalists have to Journalists are not Journalists do not need Journalists do not Journalists do not need Journalists do not need be licensed by the state required by law to hold a license by any state need a license by any a license by any state a license by any state to work? a licence in order to authorities, but the Law state authorities. The authorities to work in authorities. perform their work. on Media contains a decision rests with media. There is no legal restrictive definition the newsrooms on definition of the notion of a “journalist”. There employing who they “journalist”. were initiatives to deem fit for the position. introduce “licences” for journalists, but they were not accepted by the Association of Journalists of Macedonia.
[ 15 ] Legal Protection of Media and Journalists’ Freedom A.4 Is journalistic freedom and association guaranteed and implemented? (Reporting period: September 1, 2017 – August 31, 2018) Indicators Bosnia and Herzegovina Macedonia Montenegro Kosovo Serbia Have journalists been In January 2017 Such cases have not Every fourth journalist A public institution The trend of not inviting refused the right to journalists from TV N1 been registered in the was not allowed to ceased communication or impeding some report from certain were prohibited from reporting period. report from an event with a journalist and journalists from reporting places or events? reporting from the because they did not carried out a smear certain events by the Palace of Republika have accreditation. campaign against her. political authorities Srpska. The “Friends There were some AJK reacted and the persisted in 2018. of Srebrenica” media serious cases: journalists public institution ended According to the IJAS’ crew was prohibited from the news portal Fos the campaign. database, there were 13 from reporting from Media were prohibited cases. the Memorial Centre from reporting from Potočari. the headquarters of the Coalition for 21st Century during the local elections in May 2018.
Are journalists organised Around 50% of the The Association There are three Journalists are free to Not many journalists in professional journalists are members of Journalists of journalists’ associations. join the professional are members of associations and if of one of the five Macedonia (AJM) is the Journalists have the associations. There is no journalists’ associations. yes, how? Are there registered associations; oldest (established in freedom to associate, evidence of pressure. Two main associations pressures on their BH Journalists 1946) and the largest but only 23% are In Kosovo there are two exist: Independent association or individual Association was subject association, a member prepared to join journalists’ associations, Journalists’ Association members? to political pressures of IFJ. The Macedonian because they feel the Association of of Serbia (IJAS) and and verbal attacks. In Association of that the associations Journalists of Kosovo Journalists’ Association March 2018 a member Journalists (MAJ), which cannot protect their (AJK) and the Journalists’ of Serbia (JAS). Others of one municipal has been active since rights. Pressures on the Association of Serbia, are regional, with council threatened the 2013, is considered associations or their with members primarily Independent Journalists’ Secretariat of the BH to be close to the leaders have not been from the Serbian Association of Vojvodina Journalists with law suits. opposition party VMRO- registered. community. (IJAV) being the most DPMNE. active. Associations are under constant pressures, especially when critical towards the politicians in power in cases of media freedoms violations Are journalists organised There are trade unions There is an Independent There are two There is no trade union Only a small number in trade unions and if within the PSBs. In the Union of Journalists organisations: Trade that represents the of journalists are yes, how? Are there public broadcaster and Media Workers, Union of Media of interests of all journalists members of the Trade pressures on the trade at state level (BHRT) established in 2010. Montenegro and Trade in Kosovo. Unions, which are weak union leaders and other two trade unions are Union of Informative, and under constant members? active. Others include Graphic and Publishing pressures. There is no the Union of Graphic sector. They have signed collective agreement Publishing and Media an Agreement for joint signed to protect Workers and the Union activities. Around 50% the labour rights of of Media and Graphic of the employees in the journalists. workers of Republika media are members Srpska. Some of them of the Trade Union of report pressures. A Media of Montenegro, trade union of journalists including 270 at state level does not employees in the public exist. service broadcaster. Direct pressures on the associations or their leaders have not been registered.
[ 16 ] SERBIA - INDICATORS ON THE LEVEL OF MEDIA FREEDOM AND JOURNALISTS’ SAFETY 2018 A.4 Is journalistic freedom and association guaranteed and implemented? (Reporting period: September 1, 2017 – August 31, 2018) Indicators Bosnia and Herzegovina Macedonia Montenegro Kosovo Serbia Are the journalists free There is no precise There is a union at According to the survey, The public broadcaster, Most of the journalists to become members data on trade unions the PSB. Almost no every fifth journalist is not Radio Television of feel free to become of trade unions? How membership. BH trade unions in the free to be a member of a Kosovo (RTK) has two members, but they are many journalists are Journalists reports on private media. There trade union, even though trade unions. There generally not interested members of trade restrictions for journalists are no reliable figures 38% of the respondents were pressures before because unions are unions? and media professionals regarding membership, stated that they are against the leaders of weak, although other to organise in trade because some members of a trade one of the trade unions. reasons exist. unions. It is estimated that members are ”in hiding” union. Some journalists only 16% of the private due to fear of pressures. claim that they would media have established receive threats if they TU branches. joined a trade union. Is there a press council The Press Council The Council of Media The self-regulatory body There is a Press Council There is a Press Council, and are there pressures has existed for 18 Ethics of Macedonia Media Council for Self- of Kosovo and there is a self-regulatory body, on its members? years and it is the was founded in 2013 as regulation was founded no evidence of pressure which shows very only self-regulatory a self-regulatory body. in 2012. It gathers 19 on its members. positive results in its body in Bosnia and Almost all national TV media, while some of work. The pressures Herzegovina. There stations, news portals the leading media such imposed on this body are no direct political and print media are as Dan, Vijesti, Monitor are indirect and subtle. pressures, but in the last members of this body. and TV Vijesti have their few years there were ombudsmen. There three organised hacker were no pressures, but attacks on its website. the Media Council is very weak and due to the lack of funding, the Complaints Commission temporary does not meet.
A.5 What is the level of legal protection for journalists’ sources? (Reporting period: September 1, 2017 – August 31, 2018) Indicators Bosnia and Herzegovina Macedonia Montenegro Kosovo Serbia How is the Confidentiality of It is guaranteed by the It is guaranteed by the The confidentiality of It is guaranteed by confidentiality of journalists’ sources is Constitution and in Constitution and in the journalist’s sources the Law on Public journalists’ sources guaranteed in several several legal acts. Law on Media. The is guaranteed by the Information and Media guaranteed by the legal acts, although draft-amendments to Law on protection of and Criminal Code. legislation? some issues should be the Law on Media are journalists’ sources defined more precisely. expected to strengthen which came to power these provisions further, in 2013. in accordance with CoE standards. Is confidentiality of It was generally It was generally It was generally The confidentiality of Generally, it is journalists’ sources respected in the respected in the respected in the journalists’ sources respected. No serious respected? Were there reporting period. New reporting period. New reporting period. Yet, has been generally cases of ordering the examples of ordering cases have not been cases have not been there has been an respected in the journalists to disclose the journalists to registered. registered. isolated incident. In 2018 reporting period. New their sources were disclose their sources the police authorities cases have not been registered. and was that justified demanded from a registered. to protect the public journalist of the daily interest? Vijesti, to disclose his source of information regarding an article from 2017.
[ 17 ] Legal Protection of Media and Journalists’ Freedom A.5 What is the level of legal protection for journalists’ sources? (Reporting period: September 1, 2017 – August 31, 2018) Indicators Bosnia and Herzegovina Macedonia Montenegro Kosovo Serbia Were there any Such cases have not New cases have not Such cases have not Such cases have not Such cases have not sanctions against been registered. been registered. been registered. been registered. been registered. journalists who refused to disclose the identity of a source? Do journalists feel free Interviewed journalists According to the Almost 57% of the Journalists claim to The opinions of to seek access to and are generally free interviewed journalists, journalists in the feel free to maintain journalists are divided. maintain contacts with to choose their own they feel free to maintain survey stated that they contacts with sources of The problem rests with sources of information? sources and tend contacts with their regularly or very often information. the question of how to maintain durable sources of information. have contacts with their can journalists protect communication with sources. anonymity of the source them. in case of interception of communications.
A.6 What is the level of legal protection of the right to access of information? (Reporting period: September 1, 2017 – August 31, 2018) Indicators Bosnia and Herzegovina Macedonia Montenegro Kosovo Serbia What are the legal Access is guaranteed Access is guaranteed Access is guaranteed Access is guaranteed. Access is guaranteed rules on access to by the laws at state and by law. No specific by the Law on Free The amendments to by law. There are no official documents and entity levels. There are provisions exist for Access to Information. the Law on Access to specific provisions information which are no specific provisions journalists only. The The amendments Official Documents relevant only for relevant for journalists? relevant only for implementation is to the Law on Free adopted in 2017 journalists. journalists. poor. In February 2018, Access to Information shortened the deadline the Ministry of Justice adopted in May 2017 for state institutions to announced that the made the access to respond to requests for amendments to the public information even public information from Law on Free Access more difficult. The list 15 to seven days. This to Information will be of information to which was assessed by the drafted, but such a access may be restricted journalists as a positive document has not been by public institutions (on step for their work. published as of the end the ground of protecting of September 2018. “confidential data”) was extended. Do the journalists use Many journalists do Journalists are not well Almost every third journalist Not many journalists use Investigative journalists these rules? Do the not use these legal informed about the rules in the survey stated that he/ these rules. Interviewed use this right more authorities follow the provisions, because and rarely use them. she had never submitted journalists claim that than those who work rules without delays? the deadline of 15 days Those who requested a request, while almost they have been refused in daily reporting. State How many refusals is very long. Centre for access were often the same number have when requesting access institutions often do have been reported by Investigative Reporting refused. submitted requests but to documents and not provide access to journalists? submits thousand had been refused. Of 67 information. information, the biggest requests to public requests submitted in 2017 problem are public institutions, but they 13 were refused, while out enterprises. often deny access to of 20 requests submitted public documents. in 2018 (end of August), eight were refused. Are the courts Journalists’ opinions There is a general Court hearings are Court hearings are The courts are not transparent? Is are divided in terms perception among the mainly open for the generally open to sufficiently transparent, media access to of openness and journalists that the courts media. the media. No cases but this mostly depends legal proceedings transparency of the are not sufficiently Some hearings, such as were reported where on the heads of provided on a non- courts. Some courts lack transparent. the case of “Coup d’état”, access to proceedings individual institution. discriminatory basis and resources to provide are broadcast directly. was not provided on a without unnecessary access in time and to Yet, around 37% of the discriminatory basis. restrictions? meet the demands of journalists stated that the transparency. courts had demonstrated low level of transparency, and every third journalist evaluates the courts as very or entirely transparent.
[ 18 ] SERBIA - INDICATORS ON THE LEVEL OF MEDIA FREEDOM AND JOURNALISTS’ SAFETY 2018 A.6 What is the level of legal protection of the right to access of information? (Reporting period: September 1, 2017 – August 31, 2018) Indicators Bosnia and Herzegovina Macedonia Montenegro Kosovo Serbia Is public access to Formally, there are The parliamentary The parliamentary In general, the Access to sessions parliamentary sessions no restrictions for sessions are open to sessions are directly sessions of the Kosovo of the assemblies provided? Are there journalists to report from journalists. There were transmitted by the public Assembly Presidency at national and restrictions for journalists parliamentary sessions. no cases of restrictions broadcaster. In the survey and the parliamentary local level is mostly to follow parliamentary However, in 2017 a registered in the with journalists, for the commissions have been provided through work? journalist of TV N1 was not reporting period. third year in a row, the open to the public and direct broadcasts. allowed to report from the Parliament was assessed journalists. However, there are RS Palace of Justice. Beta as the most transparent cases when journalists Agency correspondent institution. 25% of the were prevented from and BN television from respondents believe doing their job properly Bijeljina have been that the Parliament has (Valjevo Assembly). prevented from entering shown a high degree or the Palace of Justice. complete transparency. How open are the All interviewed Comparing to previous 50% of the journalists in The Prime Minister holds The Government Government and the journalists and years, there is a the survey perceive the a press conference and ministries are not respective ministries? experts agree that general perception Government as partly almost every week, sufficiently transparent: the Government and among journalists that transparent, while more compared to previous sessions of state bodies the ministries are not the Government has that 18% stated that the PMs that did not engage on national and local sufficiently transparent. increased its level of Government was greatly in such practice. The level are still mostly transparency. or entirely transparent. ministries tend to refuse closed to the public. The to provide answers to communication with journalists when they the journalists is mostly seek information related reduced to press releases to their reporting. and press conferences.
[ 19 ] Legal Protection of Media and Journalists’ Freedom Journalists’ position in the newsroom, professional ethics B and level of censorship
B.1 Is the journalists’ economic position abused to restrict their freedom? (Reporting period: September 1, 2017 – August 31, 2018) Indicators Bosnia and Herzegovina Macedonia Montenegro Kosovo Serbia How many journalists Many journalists are not Half of the journalists There is no information Economic insecurity, No precise data exists, have signed work formally employed or in earn salaries lower on the number of fear of losing one’s job, but it is well known contracts? Do they have inadequate work than the national journalists who have undervalued work and that many journalists have adequate social contracts. Those with average. Very often contract. The Statistical unpaid overtime work work without working protection? How high signed contracts are still salaries are not paid Office of Montenegro remain a problem for contracts. Very few are the journalists’ not sufficiently protected regularly. The average registered a decline in journalists in 2018. Many media offer social salaries? Are they paid and do not enjoy all salary of journalists is the number of workers of the journalists work protection for journalists. regularly? legally guaranteed 18.800 MKD net (app. in the media sector, without ever signing Salaries are low and labour rights. According 310 euro) per month, where currently 1,350 a work contract and there are complains of to a survey, more than which is about 30% people are employed. they have no social salaries not being paid 61% have permanent less than the average The journalists’ salaries protection regularly. The survey working positions. salary in 2018. More are below state conducted within this Salaries range from 500 than a half of the total averages and more project two years ago, to 1,000 BAM (from 250 number of journalists than one third of the showed that 22.5% to 500 euro), but in the does not have signed respondents receives of the interviewed local media salaries are employment contracts. from 400 to 500 euro. journalists said that much lower. Wages are higher in their monthly salary is private media, while between 300 and 400 the earnings of those euro, 13.5% between journalists working 200 and 300 euro and in local media are 16.2% between 400 and frequently late and in 500 euro. some cases up to eight months.
[ 20 ] SERBIA - INDICATORS ON THE LEVEL OF MEDIA FREEDOM AND JOURNALISTS’ SAFETY 2018 B.1 Is the journalists’ economic position abused to restrict their freedom? (Reporting period: September 1, 2017 – August 31, 2018) Indicators Bosnia and Herzegovina Macedonia Montenegro Kosovo Serbia What are the journalists’ Precarious work, Collective labour Work overload, work Precarious work is Journalists in Serbia work conditions? irregular payments, agreements have without contracted still a problem for have been working in What are the biggest work overload, unpaid not been signed with and working unpaid Kosovo journalists. difficult conditions for problems they face overtime work and fear the management overtime are the most They work overtime a very long time. They in the workplace? Do that they could lose their of private media common problems. or during holidays are under continuous they perceive their jobs. which consequently 63% of the journalists without compensations. pressures, both position better or worse According to the Free jeopardises the social included in the survey Journalists claim that outside and within the compared with the Media Help Line in 2018 security of these conducted for the their position is worse newsroom. Their social previous period? there is an increase in professionals. The threat purpose of this project compared to previous security is at risk, due to the cases of journalists’ of losing one’s job is have stated that in the year. weak trade unions. labour rights being constant and this has past few years their infringed. not changed in the past time spent at work has two years. increased. Around 60% claim that the economic situation of journalists has worsened. Almost 15% of the surveyed has to work an additional job. Sensationalist reporting and profit making have added additional pressure on the professionals.
B.2 What is the level of editorial independence from media owners and managing bodies? (Reporting period: September 1, 2017 – August 31, 2018) Indicators Bosnia and Herzegovina Macedonia Montenegro Kosovo Serbia How many media Newsrooms in the Only the largest media There is no information The larger media Most of the private outlets have internal private media continue outlets maintain their whether some of the keep the newsrooms media do not have organisational to be dependent on newsrooms separate media have adopted separate, but they internal structures of the structures that keep the the managers and from the management such rules. In the past are still influenced by working positions, but newsrooms separate marketing sectors. sectors. However, there have been cases managers and owners. other legal acts are also and independent Most private media newsrooms are where media do not missing which would from managers and do not have such generally under a allow for the publishing secure independence marketing departments? internal organisational strong influence from of articles critical of of the newsrooms from structures. the management and advertisers. other departments. marketing sectors as well as from political interests. Do private media outlets Internal rules have been The situation in this The proposition of the Very few media have Almost none of have rules set up for adopted only by the respect remains Trade Union of Media of such rules. Still, editorial the private media editorial independence major regional media, unchanged in Montenegro to secure independence of outlets in Serbia have from media owners and such as TV N1 and Al comparison to 2016 editorial independence media in Kosovo from adopted internal rules managing bodies? Are Jazeera. There is no assessment. Very few in media by guarding economic and political on safeguarding the those rules respected? professional autonomy media have written the newsrooms from pressures continues to independence of their in the private media. internal editorial business interests has be jeopardised. editorial policy from The key problem is that independence rules. not been incorporated owners and managing journalists themselves Editorial independence in the draft- Law on the bodies. The only known are usually reluctant from media owners and media. The proposition example is the news to write critical articles managing bodies is was based on the portal Južne Vesti. Only about the companies generally compromised recommendations of the 12 media outlets agreed which advertise in in most of the media in Council of Europe. to sign annexes to work the media they work Macedonia. contracts (written by in, because thus the IJAS lawyers) aimed at media would lose enhancing the legal and funding sources, and professional status of consequently journalists journalists. would lose their salaries.
[ 21 ] B.2 What is the level of editorial independence from media owners and managing bodies? (Reporting period: September 1, 2017 – August 31, 2018) Indicators Bosnia and Herzegovina Macedonia Montenegro Kosovo Serbia Do private media Most of the private Private media do not Private media have not Very few media have Most of the private outlets’ newsrooms media do not have have internal codes of adopted internal codes internal codes of ethics. media do not have have adopted internal internal codes but ethics. They adhere of ethics. They adhere Most of the private internal codes codes of ethics or do adhere to the general to the general code of to the general code of media adhere to the but adhere to the they comply with a code of ethics. ethics – the AJM code. ethics. This document Code of ethics of the Journalist’s Code of general code of ethics? will be amended in Press Council. Ethics adopted by the the near future to two biggest journalists’ incorporate provisions associations: IJAS and on new media and the JAS. The Association of internet. Online Media also has a Code of Ethics. What are the most The most frequent Direct forms of pressure: Due to the fear of The most common The pressures on common forms of forms of pressures threats of losing job, potential consequences, pressures are threats journalists by media pressure that media used by media owners temporary working journalists do not speak of losing jobs, lack of owners are no longer owners and managers and managers are of contracts. Some openly about pressures, working contracts and directly exerted. They exert over the economic nature. These journalists (from bigger but off the record testify late salaries. depend on the specific newsrooms or individual pressures create high TV stations) are subject about them and adjust media outlet and on journalists? levels self-censorship to mobbing. their work according to the individual owner – among journalists. the will of editors and journalists usually know owners. in advance what they are allowed to write and what is out of bounds.
B.3 What is the level of journalists’ editorial independence in the PBS? (Reporting period: September 1, 2017 – August 31, 2018) Indicators Bosnia and Herzegovina Macedonia Montenegro Kosovo Serbia Does the PSB have All PSBs have adopted In 2017 the MRT has The RTCG has its own RTK has its own code RTS and RTV do an adopted code of internal editorial adopted its own Code ethical code for all of conduct and it is not have their own journalists’ conduct and codes, but they are of Ethics, though it has employees. An integral perceived as advanced specific codes of editorial independence? not available on their been criticised by some part of the working but the editorial ethical principles for Do the journalists websites. In practice, media organizations contracts signed with independence is poorly reporting. The editorial comply with this code? these codes are often including the AJM – the the journalists are the implemented in practice independence is not respected. code envisages an provisions of that ethical prescribed by the Law existence of an ethics code. However, there and the statutes, but body within the PSB, is no separate code of it is not sufficiently but it does not ensure ethics for journalists. implemented in practice. transparency in the Editorial independence election of its members. is a concern for RTCG. The work of this body has not been assessed so far. Do the PSB bodies PSBs have adopted MRT has internal The RTCG code of PSB has its formal Both PSBs have formal have a setup of internal internal organisational organisational rules but ethics contains rules organisational rules rules to keep the organizational rules to rules but newsrooms that is not a guarantee of conduct for the but newsrooms are newsrooms separate keep the newsrooms do not demonstrate of newsrooms members of the Council not independent from and independent from independent from independence from the independence from of the PSB as well as managing bodies. management, but in the PBS managing managing bodies. There managing bodies. for PSBs managerial practice editors and bodies? Are those rules are frequent political Even after the fall sector and the rest of journalists are not respected? pressures on the PSB of the nationalist- the employees. It also independent. employees. populist government contains principles the perception to the relating to advertising contrary still persists. practice.
[ 22 ] SERBIA - INDICATORS ON THE LEVEL OF MEDIA FREEDOM AND JOURNALISTS’ SAFETY 2018 B.3 What is the level of journalists’ editorial independence in the PBS? (Reporting period: September 1, 2017 – August 31, 2018) Indicators Bosnia and Herzegovina Macedonia Montenegro Kosovo Serbia What are the most Local public media Disciplinary measures The most obvious Government officials Pressures are frequent common forms of are funded from the are a common practice example of open have influence through and come from different pressure that the municipal budgets, in the PSB – salary pressures on the RTCG the PSB management sources. State officials government exerts which affects their deductions, moving by political power is and dictate the editorial publicly criticise the over the newsrooms or editorial independence. employees to other the dismissal of the policy. work of public media individual journalists in When appointing (lower) positions in entire management and services and thus put the PBS? management structures the organisation two members of the pressure on them. in public services, the and professional Council of the RTCG On the other hand, ruling parties have marginalisation. It has from their positions. journalists themselves strong influence. not been established Also the state funding of know what topics they whether this has the local broadcasters can publish. been the case since is perceived to be a the political change possible threat to these in Skopje. This has media. however been the case in the MRT since independence. What was the most In June 2018 the director In the past two years The General director of The government’s The programme director illustrative example of of the local public TV the overall situation is the public broadcaster pressure is exerted of Radio Television the pressure exerted station RTV of Una-Sana visibly relaxed. There is Andrijana Kadija has from management and of Vojvodina was by the government canton was dismissed no evidence to suggest been removed from editors to individual dismissed from his over the work of entire by the canton assembly. present government’s office. The justification journalists working on position in May 2016 newsrooms or individual Other local media are pressure on newsrooms was that she signed a related news stories. by the RTV Board journalists? also subject to similar the way we saw until contract with one NGO There is almost no members, under political pressures. 2017. Previously, leaked that contains provisions critical reporting aimed influence. In 2017, recordings from an which influence the at the work of the the courts have ruled illegal phone tapping editorial policy of RTCG. government or the that the dismissal was practice, revealed In effect, this is a clear public institutions. unlawful and obliged that between 2009 example of political RTV to bring the editor and 2016 government manoeuvring. back to his position. In officials had threatened January 2018 he was PSB journalists’ job dismissed again and security if they did the court once again not report along the decided in his favour. “desired” lines. The case is still pending.
B.4 What is the level of journalistic editorial independence in the non-profit sector? (Reporting period: September 1, 2017 – August 31, 2018) Indicators Bosnia and Herzegovina Macedonia Montenegro Kosovo Serbia Have the non-profit There are only few There are only few Non-profit media Very few non-profit Non-profit media in media adopted a non-profit media (radio student non-profit radio are not developed media exist in Kosovo. Serbia generally do not code of journalists’ stations) in the traditional stations in Macedonia. in Montenegro. The They comply with have their own ethical conduct and editorial media sector. However, There are also few unstable and insufficient general code of ethics codes. They accept independence? Do the online not-for-profit online news portals financing makes them of the Independent the jurisdiction of the journalists comply with media are mushrooming which are established irrelevant. Media Commission (for Journalist’s Code of this code? in the form of CSOs, as non-profit media broadcasting) and of Ethics. While a Code funded from foreign and which conduct Press Council (for print of the Association of donations (CIN, Žurnal, most of the serious and online). Online Media also BIRN, Analiziraj.ba). The investigations in the exists. Guidelines for level of their editorial country. These have Implementation of independence is far professional newsrooms the Journalist’s Code greater than in the and adhere more strictly of Ethics in Online private media and the to ethical standards. Environment were PSMs. produced by the Press Council.
[ 23 ] Journalists’ position in the newsroom, professional ethics and level of censorship B.4 What is the level of journalistic editorial independence in the non-profit sector? (Reporting period: September 1, 2017 – August 31, 2018) Indicators Bosnia and Herzegovina Macedonia Montenegro Kosovo Serbia What are the most Institutions tend to be There is no evidence The biggest problem of They are sometimes Pressures are common forms of closed when it comes to suggest that the the non-profit media is referred to as “foreign most often exerted pressure over the non- to providing access journalists from the non- the lack of donations to mercenaries” or “spies” through campaigns profit media outlets? to information and profit newsrooms have finance their operations. because they receive in media close to the transparency. in the past two years funds from foreign government, in which been subject to serious donors. the journalists working pressures. In the past for the non-profit media there have been law are called “foreign suits and verbal threats mercenaries” and towards these journalists “traitors”. In the past made by high officials. year the attacks on these journalists by government officials have intensified. What was the most Verbal threats are There were no such There were no such There were no such Minister Nenad illustrative example of not uncommon. The cases. cases. cases. Popović filed four the pressure exerted Free Media Help Line lawsuits against the over the non-profit registered an incident investigative research media? in which a political actor portal KRIK, in each threatened journalists requesting one million from the Centre for Dinars (almost 8,500 Investigative Journalism. euro) of compensation for damages to honour, reputation and dignity. The lawsuits are related to four texts published in November 2017, each listing mostly the same information, based on files leaked within the international project “Paradise Papers”.
B.5 How much freedom do journalists have in the news production process? (Reporting period: September 1, 2017 – August 31, 2018) Indicators Bosnia and Herzegovina Macedonia Montenegro Kosovo Serbia How much freedom do According to the results In a financially Journalists in general Journalists from Kosovo Journalists in very the journalists have in of the survey, 19% of precarious position, claim that they are claim that editors few media enjoy that selecting news stories the journalists reported journalists in the public mostly free in their and owners tend to freedom. A recent study they work on and in that their news stories and private media rarely work. However some influence their work has shown that 47% of deciding which aspects are frequently changed work on sensitive topics, problems persist: a in cases when the the respondents have of a story should be by editors, while about and mostly cover daily third of the surveyed story might open up personally witnessed emphasised? 13% said that their political events. Debates journalists claim that problems in terms of editors refusing a stories are often not on private television are they have a small interfering with certain proposition to cover published. Journalistic now more common, degree of freedom in groups’ financial or other certain topics. In work is often not but less so on public the selection of topics interests. addition, 39% of the sufficiently recognized channels. to cover. Journalists respondents have said and evaluated. Between have more freedom that editors asked them the quality of the report deciding on the angle of to cover topics for which and loyalty to certain the chosen topic. 66% there is no professional politicians the editors has stated that they are justification. would often choose the free to choose their own latter. angle. How often do the Most of the journalists Interviews conducted 60% of journalists often Most of the journalists 62% of surveyed journalists participate in regularly attend editorial by AJM suggest that or regularly participate in regularly attend editorial journalists always editorial and newsroom meetings. it is common that editorial meetings. meetings. or very often attend coordination (attending journalists in big media editorial meetings. editorial meetings or do not attend editorial However, this practice assigning reporters)? meetings. heavily depends on the media in which the journalist works.
[ 24 ] SERBIA - INDICATORS ON THE LEVEL OF MEDIA FREEDOM AND JOURNALISTS’ SAFETY 2018 B.5 How much freedom do journalists have in the news production process? (Reporting period: September 1, 2017 – August 31, 2018) Indicators Bosnia and Herzegovina Macedonia Montenegro Kosovo Serbia What are the journalists’ According to the survey, Interviews conducted The study conducted Journalists claim that The survey conducted self-perceptions on the journalists said that by AJM suggest within this project shows editors are the most in 2016 for the purpose extent to which they they were faced with that editors are that a hierarchy of influential individuals in of this research has have been influenced pressures (daily or very very influential on influences exists. 80% their work. shown that most of the by different sources often) from the following the selection of of the journalists have influence comes from of influence: editors, sources: politicians in topics. There is still a said that their content is editors, nearly 77% of managers, owners, power (38%), media perception that political influenced by editors. the respondents have political actors, state? owners (28.5%), editors actors influence media Furthermore, managing said so. However, (28.5%) and advertisers content. bodies in the media other research studies (23.2%). influence content with indicate that the ultimate 53% of the respondents source of influence are claiming as much. The political actors. owners of the media are in the third place. The last are political actors and authorities. In all probability, the political influence on journalists is done through their editors. How many journalists Between 23% and In 2018 the AJM has Journalists are divided Journalists state that There is a wide report censorship? How 26% of the surveyed recorded only one in their assessment their fellow colleagues spread perception many journalists report journalists responded case of censorship. concerning the impact know in advance what amongst journalists they succumbed to that censorship or self- Journalists rarely censorship has on their and how to report, that censorship no self-censorship due to censorship is present in decide to react in work. 46% claim that having in mind their longer exists and fear of losing their job or their media. cases of censorship in censorship has some previous experience that self-censorship other risks? Macedonia, and when influence on their work with the influence prevails. Self-censorship they do react they insist while 47% claim that the coming from owners or is induced by fear of on staying anonymous. impact of censorship on editors. financial insecurity. Local their work is minimal. media are particularly vulnerable.
[ 25 ] Journalists’ position in the newsroom, professional ethics and level of censorship Journalists’ Safety C
C.1 Safety and Impunity Statistics (Reporting period: September 1, 2017 – August 31, 2018; for murders 15-20 years back) Indicators Bosnia and Herzegovina Macedonia Montenegro Kosovo Serbia Number and types of According to the Free 1 (one) verbal death 1 (one) verbal death 24 cases of verbal and 21 cases of verbal threats against the lives Media Help Line, there threat registered in the threat registered in the other threats were and other threats of journalists and other were 16 verbal and other reporting period. reporting period. registered. Out of these, were registered in the types of threats. threats in total, including 7 were threats against reporting period. one death threat. the lives of journalists.
Number of actual 5 actual attacks were 5 actual attacks were 3 actual attacks were 4 actual attacks were 7 actual attacks were attacks. How many registered registered registered registered registered journalists have been (1 was a murder (1 physical assault, 2 (1 was a murder attempt, (3 journalists have been (6 physical attacks on actually attacked? attempt, 1 was attack arbitrary detentions of 1 was throwing of an attacked physically and 1 journalists and 1 attack on journalists’ vehicle journalists, 1 damage explosive device in front was arbitrary detention). on a journalist’ property). whereby a part of the of journalist’ property of a journalist’ house media property was and 1 prevention from and 1 was burning a also destroyed and 3 reporting). journalist’ car). were physical attacks on journalists). In 2 of these cases journalists were prevented from reporting from certain events with physical violence.
[ 26 ] SERBIA - INDICATORS ON THE LEVEL OF MEDIA FREEDOM AND JOURNALISTS’ SAFETY 2018 C.1 Safety and Impunity Statistics (Reporting period: September 1, 2017 – August 31, 2018; for murders 15-20 years back) Indicators Bosnia and Herzegovina Macedonia Montenegro Kosovo Serbia Number and types There are no such Officially, there are no 1 murder: 2004. There are no such cases 3 murders: 1994, 1999 of murders. How cases. such cases. in the last decade. and 2001. many journalists were In 2004, Duško murdered in the past Jovanović, the editor in From 1998 until 2005, In 1994, Radislava Dada 15-20 years? chief of the daily Dan, there were 14 journalists Vujasinović, journalist of was murdered. murdered and the magazine Duga; in disappeared. 8 of them 1999, Slavko Ćuruvija, were assassinated, journalist, editor in chief while 6 of them are still and owner of Daily considered as missing. Telegraph; in 2001, Milan Pantić, correspondent of Večernje Novosti, from Jagodina. Number and types of 30 of which most There are no such 1 case was registered. 2 cases were registered. 9 cases were registered. threats and attacks were addressed to BH cases. The premises of the A news portal was The journalists’ on media institutions, Journalists. newspaper Sloboda attacked three times in associations organisations, media were damaged in a short period of time; that are critically and journalists’ October 2017. A media outlet was oriented towards the associations. threatened by a person Government were via telephone. subject to continuous pressures, attacks and intimidation.
C.2 Do state institutions and political actors take responsibility for the protection of journalists? (Reporting period: September 1, 2017 – August 31, 2018) Indicators Bosnia and Herzegovina Macedonia Montenegro Kosovo Serbia Have the state Some positive State institutions haven’t State institutions haven’t Comprehensive policies Comprehensive institutions developed developments in 2017: yet developed specific yet developed specific to support protection of policies haven’t been specific policies to the Ombudsman policies or measures policies or measures journalists haven’t been developed yet, but support the protection on Human Rights for protection of for the protection of developed yet. State the following steps of journalists, offline published the Special journalists. Impunity journalists. There is a Prosecution Office has have been undertaken and online? If yes, is the Report on the Status from prosecution still general perception appointed prosecutors so far: Agreement implementation of such and Cases of Threats presents a problem. that limited progress in five centres to deal on cooperation and policies assured with against Journalists in has been achieved in with this issue. The Basic measures to raise sufficient resources and Bosnia and resolving the past cases Court in Pristina has security levels related expertise? Herzegovina; the of violence against appointed a coordinator to journalists’ safety Ministry of Justice journalists. to deal with cases of signed in 2016; Standing initiated meetings aimed threats and attacks Working Group was at improving the level of against journalists. composed to improve journalists‘ safety. the protection of journalists, but in November 2017 the five journalists and media associations suspended their participation, because they were not satisfied with the work of the group.
[ 27 ] C.2 Do state institutions and political actors take responsibility for the protection of journalists? (Reporting period: September 1, 2017 – August 31, 2018) Indicators Bosnia and Herzegovina Macedonia Montenegro Kosovo Serbia Are there any There are no specific There are no specific There are no specific There are no such There are no such mechanisms (institutions, mechanisms. Free mechanisms. The AJM mechanisms. Currently, mechanisms, but some mechanisms, but some programmes and Media Help Line is still register is the only there is no separate measures have been measures have been budgets) for monitoring the only mechanism existing database. evidence kept on the undertaken: the Basic undertaken: the Public and reporting on which distributes data The Report of the threats, harassment Court in Pristina intends Prosecution Office threats, harassment to all state institutions, Ministry of Internal and violence towards to develop a database adopted Instruction for and violence towards media organisations Affairs confirmed the journalists. The statistical of cases of threats gathering evidence journalists? Who and international problem of impunity. data recorded by the and attacks against of crimes against monitors and keeps organisations. Of 59 attacks in the Police is very general. journalists. The Kosovo journalists and attacks records of attacks and last five years, only The officials from police already has a on internet sites. Urgent threats? Do the state two perpetrators were the Police declared database but agreed to measures are envisaged institutions publish sanctioned. that a new working oblige the Department in case of attacks updated data regarding position will be opened of Serious Crimes to on journalists. The attacks on journalists specifically for dealing deal with cases of information regarding and impunity? What with this issue. threats and attacks the cases gathered by measures are taken against journalists. the public prosecution upon the incidents and has been submitted to by whom? journalists’ associations until the end of 2017, but this practice stopped in 2018. The Ministry of Interior has not adopted any instructions and has not started keeping records. Are the attacks on the Some politicians and Public officials often Almost all the attacks Public officials condemn Although the state safety of journalists state institutions started condemn the attacks on are condemned by attacks, but only in institutions have recognised by the paying more attention journalists, but the state the public officials. serious cases. undertaken some government institutions to this issue and more institutions still do not However, the number measures, this is still not as a breach of freedom often condemn attacks sufficiently recognize of unresolved cases of sufficient. State officials of expression, human on journalists in their these attacks as a violence or threats is still do not understand the rights law and criminal public statements. For breach of freedom of very high, while some role of the journalists in law? Do public officials example, such attacks expression. cases have already the society. They rarely make clear statements are recognised as a expired. condemn the attacks recognising the safety breach of freedom on journalist and if they of journalists and of expression in the do, then mostly on a condemning attacks public reactions of the selective basis. upon them? Ombudsman on Human Rights. Are there any Specific documents Specific documents Specific documents Specific documents Specific documents documents adopted adopted by state adopted by state adopted by state adopted by state adopted by state by the state institutions institutions do not institutions do not exist. institutions do not exist. institutions do not exist. institutions do not exist. which provide exist. Police guidelines The only existing guidelines to military in dealing with the document is the and police and prohibit media exist and Instruction for gathering harassment, intimidation Media Guidelines in evidence of crimes or physical attacks on dealing with the police, against journalists and journalists? have been adopted attacks on internet sites. with OSCE support. However, these guidelines should be updated.
[ 28 ] SERBIA - INDICATORS ON THE LEVEL OF MEDIA FREEDOM AND JOURNALISTS’ SAFETY 2018 C.2 Do state institutions and political actors take responsibility for the protection of journalists? (Reporting period: September 1, 2017 – August 31, 2018) Indicators Bosnia and Herzegovina Macedonia Montenegro Kosovo Serbia Do the state institutions Some state institutions, In general, the Good cooperation Initial good cooperation The 2016 Agreement cooperate with the namely the Ministry cooperation between has been established has been established signed with the journalists’ organisations of Justice and the the AJM and state between the Trade between the AJK and Ministry of Interior, on journalists’ safety Ombudsman on institutions is good, Union of Media of the State Prosecution, Public Prosecution issues? Do the state Human Rights, showed but the effects of this Montenegro and the Basic Court of Pristina and journalists’ and institutions refrain from willingness to closely cooperation are still Ombudsman, while and Kosovo Police. media associations has endorsing or promoting cooperate with BH lacking. the cooperation with contributed towards threats to journalists? Journalists. the Ministry of Internal better communication, Affairs and the Supreme easier reporting State Prosecutor’s and more detailed Office, is only at an initial information on cases stage. of attacks and threats. However, the number of unresolved cases is still very high, although this is one of the main objectives of the signed Agreement. Of 28 cases in 2017, only one case has been resolved. In cases of electronic There is no evidence on There is no evidence on There is no evidence on There is no evidence on There is no reliable surveillance, do the such cases. such cases. such cases. such cases. evidence on such cases. state institutions respect There is no efficient freedom of expression control over the state and privacy? Which was bodies in charge for the most recent case of electronic surveillance. electronic surveillance of journalists?
C.3 Does the criminal and civil justice system deal effectively with threats and acts of violence against journalists? (Reporting period: September 1, 2017 – August 31, 2018) Indicators Bosnia and Herzegovina Macedonia Montenegro Kosovo Serbia Are there specific There are no such units/ There are no such There are no such Some measures have There are no such institutions/units departments. departments/units. departments/units. been undertaken: departments/ dedicated to The cases of violence There is only a the State Prosecution units. There is only investigations, against journalists Commission for has a position which a Commission prosecutions, protection are not specifically monitoring the coordinates the work on reviewing the and compensation in recorded in the courts’ investigations of attacks of the appointed local facts related to regard to ensuring the databases and cannot on journalists and media prosecutors related to investigation of the safety of journalists and be separately retrieved, whose mandate was the investigation and the murders of journalists. the issue of impunity? tracked or reported. extended to additional prosecution for attacks In August 2018, the two years. The on journalists. Kosovo Government extended Commission has in the police recently decided the competences past years identified a that its department on of the Commission number of shortcomings serious crimes should to reviewing the in the investigations of deal with cases of investigation of murders 15 monitored cases. threats and attacks and disappearances of against journalists. journalists in Kosovo in the period from 1998 to 2001, as well as on the murders of journalists during the conflicts in former Yugoslavia, from 1991 to 1995.
[ 29 ] Journalists’ Safety C.3 Does the criminal and civil justice system deal effectively with threats and acts of violence against journalists? (Reporting period: September 1, 2017 – August 31, 2018) Indicators Bosnia and Herzegovina Macedonia Montenegro Kosovo Serbia Are there special There are no such There are no such There are no such There are no such There are no such procedures put in procedures. Women procedures. procedures. procedures. procedures. place that can deal in different positions appropriately with in the media, including attacks on women, journalists, are subject including women to greater political and journalists? other pressures. The institutions do not have specific mechanisms to address this problem. Do the state agencies The state agencies Adequate resources Adequate resources Adequate resources Adequate resources provide adequate often do not provide haven’t yet been haven’t yet been haven’t been provided haven’t yet been resources to cover adequate resources provided by the state provided by the state. by the state. It is yet to provided by the state investigations into when needed, but institutions. Investigations are very be seen whether the institutions. threats and acts of practice showed that slow and with weak announced measure violence against when there is interest results. of the Kosovo Police to journalists? for a specific case, the oblige its Department of reactions can be fast Serious Crimes to deal and efficient. with this issue will be implemented. Are measures of There were no such There were no such There is no evidence of There is no evidence of Some journalists were protection provided cases. cases. such measures. such measures. under police protection, to journalists when but the problem with required in response to these cases is that such credible threats to their measures last too long. physical safety? For example, a journalist from Serbia has been under police protection for more than 12 years. Are the investigations Investigating authorities, Based on the Investigations are slow Cases are investigated The investigations are of crimes against police and prosecutors evidence of AJM, the and often inefficient. promptly and not conducted promptly journalists, including do their jobs slowly, investigations of attacks Only two cases from independently, but the and efficiently. A large intimidation and threats, especially in conducting and threats against 2018 were resolved court procedures are number of unresolved investigated promptly, effective and thorough journalists are not immediately after they very slow. cases persists. The independently and investigations of attacks carried out promptly and occurred. The most court procedures last efficiently? and other criminal efficiently. serious case of a murder too long, often without offenses against attempt has not been final decisions. The journalists. resolved yet. three cases of murders haven’t been resolved yet. Are effective When the actors are Not even the The biggest problem No. The real instigators Only the perpetrators prosecutions politicians, public perpetrators of the is still the fact that the or masterminds are are identified and for violence and officials or other attacks on journalists instigators are never never discovered. convicted, while the intimidation carried out powerful individuals are punished, nor discovered. This is masterminds remain against the full chain effective prosecutions investigations of the exemplified by the unidentified. of actors in attacks, are often not carried out. instigators initiated. murder case of Dusko including the instigators/ Jovanovic, and even masterminds and after 14 years only perpetrators? one accomplice was convicted. Does the State ensure Some forms of training Some forms of trainings Several forms of training There is an on-going Several rounds of that appropriate training for building the capacity have been organised were organised with project in Kosovo training is envisaged and capacity is provided of police officers, for the police officers the support of the that provides training with the Agreement to police, prosecutors, prosecutors and judges and prosecutors, with Council of Europe to prosecutors and on cooperation and lawyers and judges in have been organised the support of OSCE in project JUFREX in the judges in respect to measures to raise respect to protection of so far, but they are still Macedonia. first half of 2018 for: nine protection of freedom security levels related to freedom of expression insufficient. state prosecutors, 34 of expression and journalists’ safety signed and journalists? judges, seven advisors journalists. in 2016, but they haven’t in the courts and one in been implemented yet. the State Prosecution Office. There are plans to continue with similar training.
[ 30 ] SERBIA - INDICATORS ON THE LEVEL OF MEDIA FREEDOM AND JOURNALISTS’ SAFETY 2018