Implementation of Transitional Laws in Serbia 2006

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Implementation of Transitional Laws in Serbia 2006Conclusions on the Implementation of the Law onPublic InformationOn the basis of the research of the implementation of the Law on PublicInformation, the YIHR arrived at the following conclusions:• Hate-speech is still present in the Serbian media.• State Attorney’s office does not act on the law and does not initiatelegal proceedings against the perpetrators of the criminal act ofinciting racial, religious and national hatred.• Journalists’ associations in Serbia have not adequately responded tohate-speech in print media. There is not a single litigation againstjournalists and/or editors-n-chief responsible for hate-speech; eachhate-speech case ends in verbal condemnation.• YIHR filed lawsuits against the responsible persons in GLASJAVNOSTI and KURIR for their having incited hate-speech againstone national community.• A Judge of the First Municipal court in Belgrade has rejected thesuit against KURIR with the excuse that there is not hate speech inthat case.Recommendations for the Implementation of theLaw on Public InformationHaving monitored the implementation of the Law on Public Information,the YIHR came up with the following recommendations:• Authorities in Serbia are due to do everything in their power in orderto prevent the spreading of hate-speech in Serbian print media.• The Serbian Ministry of Culture, a body responsible for the areaof public information, must assume a more active role in order toprevent the spreading of hate-speech in the media.• State Attorney is due to prosecute the perpetrators responsible forthe commission of a criminal act of inciting religious, racial andnational hatred. The State Attorney's failure to act in the line of hisduty is a violation of the law and as such must be punished.• Journalists’ associations in Serbia should urgently initiate the102
Implementation of Transitional Laws in Serbia 2006proceedings before the court of honor to condemn all journalistswho use hate-speech.• Non-governmental organizations should more often reach for thelegal mechanisms provided by the Law on Public Information, andinitiate legal proceedings against all those who use hate-speech,in order to include the judicial bodies in the struggle against thisphenomenon and create adequate court practice which will prohibithate-speech and ban it from the media.• The Courts in Serbia are obliged to judge according to law andinternational documents. That excludes the possibility that theirruling could be based on their political and ideological attitudes.Law on BroadcastingThe Law on Broadcasting was adopted in July 2002. 491 The law regulatesthe broadcasting area, i.e. the conditions for program broadcasting,the establishment of the Broadcasting Agency, the founding of publicbroadcasting services and other related issues. Among the principlesof regulating the broadcasting area, the law prohibits discriminationand stipulates full respect of civic rights and freedoms. 492 According tothe law, the Agency’s Council conducts a tender for the allocation offrequencies to electronic media, 493 controls the work of these media, 494and is responsible to punish and withdraw the licenses. 495Youth Initiative for Human Rights monitored the implementation of theLaw on broadcasting, which is perceived as extremely important, particularlynow, when the tender for the allocation of broadcasting frequencies andthe appointment of the members of the Stirring Committee of the Radio-Television of Serbia (RTS) are in full sway. Furthermore, at the end of 2005the first Agency Council’s formal decision was brought, induced by hatespeechcomplaint in electronic media.491 Law on Broadcasting, see above under 2492 Ibid, Article 3493 Ibid, Article 11494 Ibid, Article 13495 Ibid, Article 17103
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Implementation of Transitional Laws in Serbia 2006

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