Implementation of Transitional Laws in Serbia 2006

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Implementation of Transitional Laws in Serbia 2006before authorized courts. 566 Since incitement of racial, religious and nationalhatred has been prohibited by the Criminal Code of Serbia, 567 this provisioncould be applied in practice as a powerful means against hate-speech.The first legal hate-speech proceeding the Agency has initiated was theone based on the official complaint previously filed by Belgrade basedorganizations for the protection of lesbian rights – Labris and Gayten-LGBT, the Center for the promotion of the rights of sexual minorities. 568On November 16 th , 2005 these organizations filed official complaint to theAgency, against hate-speech incidents in the TV Pink program “Pyramid”,broadcast one month earlier, on October 16 th , 2005. 569 In this program,the lawyer Toma Fila said the same-sex couples should be treated the wayPrince Milos had treated them when he “placed them in a barrel full ofsomething . . . and said this was their place . . . “ 570 The program’s host,Branka Nevistic then asked her guest: “Mr. Fila, when was it exactly that youthought to yourself – Why, these fags have really gone too far this time?” 571The Agency then submitted an official response to the complainants, inwhich it informed them that the Agency had established the existence ofhate-speech in Toma Fila’s and Branka Nevistic’s comments. 572 This was thefirst hate-speech case against electronic media which was legally establishedby a domestic state institution. Apart from Fila’s offensive comments andapart from the fact that the program’s host did not distance herself fromher guest’s comments, the Agency labeled as hate-speech the use of word“fag” when used as a term to designate male gay population. 573 The decisionis a precedent and may serve as the basis for all future Agency’s decisionsin similar cases, but can also help create clear criteria in the future for allbroadcasters to refrain from the use of hate-speech in their programs.However, despite the established hate-speech case, the Agency did notapply any disciplinary measure against the TV Pink, because according tothe law, this television is not formal broadcaster – their license had not beenissued by the Agency. 574566 Ibid, Article 17, Paragraph 3567 Criminal Code of the Republic of Serbia, Official Gazetta of RS, number 85/05, Article 317568 Complaint submitted to the Agency Council against hate-speech, November 16 th , 2005, see Labris’ website:http://www.labris.org.yu/index.php?option=com_content&task=view&id=465&Itemid=43, visited on November25 th , 2006569 Ibid570 Ibid571 Ibid572 Council’s reply to the hate-speech complaint, press release by Labris, January 18, 2006573 Ibid574 Ibid; It should be noted, however, that the Council did punish the TV BK despite the fact that it had notissued its broadcasting license either112
Implementation of Transitional Laws in Serbia 2006Organization for lesbian human rights – Labris, filed another complaintagainst the same broadcaster on March 1 st , 2006. 575 Despite the fact thathate-speech against gay persons and same-sex couples had already beenestablished as having occurred on this television, the same broadcaster, in thesame program, on February 26 th , 2006 again stirred discrimination againstgay persons. 576 This time the program’s guest was Uros Suvakovic whoqualified homosexuality as “social pathology” and “something essentiallydecadent”. 577 The Agency’s decision about Labris’ complaint is still pending.However, repeated discriminatory behavior of the TV Pink shows that themedia are not yet ready to accept the authority of the Broadcasting Agencyand to respect its decisions. The fact that TV Pink refuses to show anyrespect for this institution and the Law on broadcasting has been alreadydetermined by the Agency’s previous decision, 578 which claims TV Pink tohave breached Article 14 of the Law on broadcasting, “for it failed to declareitself about the complaint within the legally determined deadline.” 579575 Complaint to the Agency Council against hate-speech, March 1 st , 2006, Labris’ website: http://www.labris.org.yu/index.php?option=com_content&task=view&id=603&Itemid=43, visited on November 25 th , 2006576 Ibid577 Ibid578 See above under 572579 Ibid113
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Implementation of Transitional Laws in Serbia 2006

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