SHARE@SHARE@ WORKWORK 20162016 MONITORING DIGITAL RIGHTS AND Freedoms IN SERBIA 3 SHARE@SHARE@ WORKWORK 20162016 MONITORING DIGITAL RIGHTS AND Freedoms IN SERBIA IMPREssUM: SHARE@WORK 2016: MONITORING DIGITAL RIGHTS AND FREEDOMS IN SERBIA SHARE FOUNDATION APRIL 2017 EDITORS IN CHIEF: DJORDJE KRIVIKAPIC, VLADAN JOLER AUTHORS: DJODJE KRIVOKAPIC, JELENA ADAMOVIC, PETAR KaLEZIC, DaNILO KRIVOKAPIC, NEVENA KRIVOKAPIC, 1. INTrodUCTION 9 SONJA MaLINOVIC, BOJAN PERKOV, ANDREJ PETROVSKI OUTPUT EDITOR: MILIca JOVANOVIC 1.1. ABOUT SHARE FOUNDATION 10 ENGLISH TRANSLATION: MILIca JOVANOVIC PROOFREADING: ANDREJ PETROVSKI DESIGN AND LayOUT: OLIVIA SOLIS VILLAVERDE 1.2. ICT UsE IN SERBIa 11 1.3. MONITORING: A GENERAL OVERVIEW 17 PROJECT SUPPORT: 1.4. EU INTEGRATION 28 2.Freedom of SPeeCh 33 2.1. ONLINE MEDIA IN SERBIA 34 Министарство трговине, туризма и телекомуникација 2.2. MEDIA STRATEGY 2011-2016 40 2.3. IMPLEMENTATION OF MEDIA Laws: PROJECT FINANCING 42 2.4. ONLINE MEDIA AND SELF-REGULATION 50 2.5. AGREEMENT ON MEDIA, POLICE AND PROSECUTION COOPERATION 54 2.6. LEGAL PROCEEDINGS AND THIS PROJECT IS FUNDED BY THE EUROPEAN UNION COURT DECISIONs 58 This document has been produced with the financial as- sistance of the European Union. The contents of this docu- ment are the sole responsibility of the SHARE Foundation and can under no circumstances be regarded as reflect- ing the position of the European Union. 3. INformaTION PrIVACY 63 3.1. ELECTRONIC SURVEILLANCE: STATISTIcs 67 3.2. TELECOMMUNIcaTION REFORM 68 3.3. PERSONAL DaTA PROTECTION 70 3.4. ELECTRONIC BUSINEss REGULATION 77 ATTRIBUTION-SHAREALIKE CC BY-SA This license lets others remix, tweak, and build upon your work even for commercial purposes, as long as they credit you and license their new creations under the identical terms. This license is often compared to “copyleft” free and open source software licenses. All new works based on yours will carry the same license, so any derivatives will also allow commercial use. This is the license used by Wikipedia, and is recommended for materials that would benefit from incorporating content from Wikipedia and similarly licensed projects. 4.DIGITAL SECURITY 79 7. SOCIETY IN A 4.1. IMPLEMENTING THE Law ON New ENVIroNMENT 123 INFORMATION SECURITy 81 7.1. LaBOR RIGHTS AND THE INTERNET 124 4.2. SHARE CERT FOR ONLINE AND CITIZEN MEDIa 84 7.2. COLLABORATIVE EcONOMY 128 4.3. CYBER CRIME: INVESTIGATIONS, 7.3. CHILDREN ON THE INTERNET IN SERBIA 129 CHARGES, PROCEEDINGs 88 7.4. PROTECTING CHILDREN ONLINE 131 4.4. PERSONAL AND ORGANIZATIONAL 7.5. SHARE FOUNDATION’S RESEARCH SECURITy 89 AND PUBLIcaTIONs 136 4.5. TECHNIcaL MONITORING: 7.6. CONFERENCES, INITIATIVES, MEETINGS 138 SELECTED CasEs 96 7.7. TV DOCUMENTARY “IN THE WEB” 143 5.OPEN ACCess TO KNOWLedGE 103 8.SHARE FOUNdaTION’S 5.1. INTRODUCING OPEN DaTA IN SERBIA 104 CoNSULTING AND 5.2. INTELLECTUAL PROPERTY RIGHTs 109 TraINING 147 6. LaBS.rs 117 6.1. OUR LaBORATORY 118 6.2. INTERNET PRIVacy ATLas 118 6.3. ELECTIONs 119 6.4. FacEBOOK ALGORITHMIC FacTORy 122 1.1. IINTRONTRO-- DDUCTUCTIIOONN 10 1.1. ABOUT SHARE 1.2. ICT Use IN SerBIA 11 FOUNdaTION After a series of successful SHARE Conferences on internet culture RECommeNdaTIONS and activism, with over a thousand participants in Belgrade, Serbia (2011, 2012) and Beirut, Lebanon (2012), participants who cooperated To draft and adopt strategic documents for and exchanged experience in these events, interested in running contin- broadband access development and digital ual research and advocating for human rights in the digital environment, inclusion. To conduct continuous, compre- formed a community. As a nonprofit organization, the SHARE Foundation hensive research on the use and implemen- was established in 2012 to advance human rights and freedoms online and tation of ICT within general and segmented promote positive values of an open and decentralized Web, as well as free population. To establish a “digital dialogue” access to information, knowledge, and technologies. The SHARE Founda- of public administration, academia, industry, tion’s primary areas of activities are freedom of speech online, data priva- and the civil sector, in terms of identifying cy, digital security, and open access to knowledge and information. problems and development priorities, as well as models of enforcing domestic law on the Our multidisciplinary team consists of legal and IT experts, artists and internet. journalists. The Foundation has so far organized dozens of conferences, gatherings and workshops in Serbia and abroad, attended by leading ac- tivists and experts in digital rights and freedoms. As a contributing mem- ber of civil society, the SHARE Foundation participates in public debates on 1.2.1. GeNeraL POPULATION: DIGITAL GAP relevant laws that might affect citizens’ online rights in Serbia. The Foun- AND deLAYED GrowTH dation has also produced a dozen of info-guides and other free publica- tions. In the last two years, the Foundation’s research branch, the SHARE Lab, published several studies on the internet’s invisible infrastructures According to the latest data of the Statistical Office of the Republic of in Serbia, information warfare, email communication metadata, online Serbia, out of some seven million citizens1 a little over 64% have internet election campaigns, Facebook’s algorithm factories, and so on. In order to access, while some 86% of citizens with online access use the internet ev- draw more public attention to the importance of human rights online, the ery or almost every day.2 The behavior, habits and trends of internet use, SHARE Foundation embarked on producing a 10 episode documentary TV however, are rarely a subject of research. There are some periodical sta- series on some of its core subjects, such as freedom of expression, privacy, tistics of global internet traffic, or occasional polls by local private actors, new media and digital security, with over 50 local and international experts of unknown methodologies. But scientific research focused on particular sharing their insights. strata of the community, beyond mere opinion polls, is among the rarest source of data. Since March 2017 the SHARE Foundation is a member of European Dig- ital Rights (EDRi), an association of over 30 civil and human rights organi- The official statistics undoubtedly reveal a deepening digital gap ‒ a so- zations from across Europe. The Foundation is also a member of the #new- cioeconomic risk endangering free and balanced access to digital technol- mednet, an informal network of lawyers, journalists, activists, and scholars ogies. These disparities within the society are most obvious among mar- from 14 countries of Central and Southeast Europe, established in 2013, ginalized and vulnerable groups, such as persons with disabilities, ethnic and a member of the Global Net Neutrality Coalition. After three years of Roma population, and citizens in rural areas. At the same time, slow growth providing free legal and technical assistance to online media and civil soci- and delayed ICT development keep Serbia on the struggling side of the ety organizations, in April 2017 the SHARE Foundation formally registered global digital divide. the first Special Computer Emergency Response Team (CERT) in Serbia. The new World Bank regional report for Europe and Central Asia, pub- The SHARE Foundation’s activities in promoting online rights were rec- lished in March 2017, puts Serbia among European countries with the ognized by the Commissioner for Information of Public Importance and Personal Data Protection who in January 2017 presented the Foundation 01 Estimated population in January 2016: 7,076,372 http://www.stat.gov.rs/WebSite/ with a letter of gratitude for outstanding contribution to affirming the right Public/PageView.aspx?pKey=2 to personal data protection. 02 Usage of Information and Communication Technologies in the Republic of Serbia, 2016 http://pod2.stat.gov.rs/ObjavljenePublikacije/G2016/pdfE/G20166004.pdf highest prices for fixed internet (more than US$25 per Mbit per month, in observed in Belgrade (73.1%), followed by the region of Vojvodina (68.7%), purchasing power parity [PPP]).3 while Central Serbia has the lowest percentage (57.9%). 12 13 In 2009 the Serbian government adopted a national strategy of broad- For comparison, the majority (55%) of households in the EU-28 had in- band internet access development, along with an action plan to meet its ternet access in 2007, while the share of EU-28 households with internet objectives by 2012. These documents provided measures for improving access reached 85% in 2016. The highest proportion (97%) of households social inclusion: forming a telecom ducts cadastre and drawing up a plan with internet access in 2016 was recorded in Luxembourg and in the Neth- for efficient use of telecommunications infrastructure; creating models for erlands, and the lowest rate of internet access among the EU Member faster development of the broadband access market; unifying the network States was observed in Bulgaria (64%). of elementary and secondary schools and integrating cultural institutions in the academic network; enabling public broadband access at government Income discrepancy is a significant factor in accessing internet in Serbia. and public premises, etc. The measures were not implemented. The min- The internet connection is mostly used by households with over 600 EUR of istry in charge drafted a new broadband internet strategy by the end of monthly income (94.7%), whereas only 46.1% of households with under 300 2013, but it was never brought to a conclusion. At a panel discussion held EUR income are connected to the internet. at the Belgrade Chamber of Commerce in early 2017, it was said that the In regard to the devices used, households in Serbia most often use mobile state has no funds available but that incentives are to be made for service phones (76.5%), 72% use personal computers, and 49.3% use laptops. The providers to invest their own resources in broadband development, with an number of households that access the internet via mobile phone increased immediate goal of 70 of territory coverage.4 % by 8.6% compared to 2015.