Implementation of Transitional Laws in Serbia 2006

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Implementation of Transitional Laws in Serbia 2006Hate Speech“It is forbidden to publish ideas, information and opinions that incite discrimination,hatred or violence against an individual or a group of individuals on grounds of theirrace, religion, nationality, ethnicity, gender or their sexual inclination” 961“Person who is as member of group personally regarded bythe information from Article 38 hereof has the right tobring charges against the author of the information andeditor-in-chief of the public media outlet where the information has beenpublished and person can demand a ban on its republishing and publishingof the ruling at defendants’ expenses.Charges can be pressed against author and editor-in-chief by any legal entitywhose aim is to protect freedoms and rights of man and citizen as well theorganization whose aim is protect interests of groups from Article 38 hereof. If theinformation from Article 38 hereof personally refers toa certain person, legal entity or organization from para. 2 hereofcan press charges only with consent of person information refers to.In the proceedings following charges specified in para. 1 to 3 hereof, legal provisions ofthe law regulating litigation are accordingly applied” 962Hate Speech in Glas JavnostiGlas Javnosti is a Serbian daily founded by Radisav Rodic 963 . The issue datedMarch 16 th , 2006 published an announcement under the title “boycott”saying:“Fellow Serbs!We invite you to rally on March 17, 2006 at 10.30 am in front of mallIMMO in New Belgrade in block 64 and express our discontent due to theopening of a Croatian store called IDEA. Whereas we are exiled from ourancestral homes all over Croatia and enabled to return, the Croatian foot iswalking down Serbian land freely, buying companies and opening stores allover Serbia.When will they stop?961 The Law on Public Information, Article 38, see above under 1962 Ibid, Article 39963 See the web site of Glas Javnosti: http://www.glas-javnosti.co.yu/redakcija/srpski/redakcija.shtml, visitedon November 21 st , 2006170
Implementation of Transitional Laws in Serbia 2006Fellow Serbs, we invite you to make a mass gathering and prevent theopening of the Croatian store in Belgrade and boycott shopping in theirstores. Every purchase in IDEA is a donation to those who killed us andevicted us from our homes. We will monitor those who purchase in thisstore and refuse to express solidarity with the hundreds of thousands ofrefugees and persecuted Serbs.STOP to Croatian occupation of Serbia!Persecuted Serbs” 964The Law on Public Information forbids proclamation of ideas, informationand opinions encouraging discrimination, hatred or violence against personor group of persons due to affiliation to certain race, religion, nationality,ethnic group 965 . Persons affected directly by the hate speech, as membersof certain group and legal persons in charge of protecting freedoms andhuman rights and above mentioned groups, have the right to be protectedin court in cases when hate speech appears in the media 966 . The charges dueto “hate speech” are pressed against author of the information and editorin the media outlet where the information was published. Determination ifthere is a hate speech, bans on republishing and publishing of the verdictat defendant’s expenses can be demanded by the charges 967 . The Lawenvisions the principles for potential release from any responsibility whichmay occur if the information is a part of scientific or newspaper article andwas published without intention to incite discrimination, hatred or violenceagainst person or group of persons mentioned above, especially if theinformation is part of unbiased journalist investigation 968 .Among international standards sanctioning hate speech there isRecommendation of the Committee of Ministers of the Council ofEurope No. R (97) 20 969 , which states that the term hate speech coversall forms of expression which spread, incite, promote or justify racialhatred, xenophobia, anti-Semitism or other forms of hatred based onintolerance, including intolerance expressed by aggressive nationalism andethnocentrism, discrimination and hostility against minorities, migrants964 Original page of the daily paper GLAS JAVNOSTI where announcement headlined Boycott was published onMarch 17 th , 2006, is the Initiative’s documentation965 Law on public information, Article 38, see above under 1966 Ibid967 Ibid968 Ibid, Article 40969 Recommendation of the Committee of Ministers of the Council of Europe No. R (97) 20 was adopted onOctober 30 th , 1997, it can be downloaded from the web site:http://www.mediacenter.org.yu/upload/pravo_doc/Preporuka%20R%20_97_%2020.pdf#search=%22Preporuka%20Komiteta%20ministara%20Saveta%20Evrope%20br.%20R(97)20%22, visited on November 25 th , 2006171
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Implementation of Transitional Laws in Serbia 2006

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