Implementation of Transitional Laws in Serbia 2006

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Implementation of Transitional Laws in Serbia 2006rights of some of the groups mentioned in the previous article 433 . The legalcharges against the author of the information and against the responsibleeditor of the media outlet 434 that published the hate speech is submittedto the municipal or city department for misdemeanors, depending on thedefendant’s place of residence 435 , and the charges may seek an injunctionon repeated publication of the information and the publication of thecourt ruling at the expense of the defendants 436 . In a case where theinformation pertains exclusively to a specific person, organizations maypress charges only with the consent of the person the information refersto 437 . In these proceedings, provisions of the law regulating litigation areaccordingly applied 438 . There is no breach of the prohibition of hate speechif the information is part of a scientific or a journalistic text that has beenpublished without the intent to incite discrimination, hatred or violence,especially if such information is part of an objective journalistic report 439 .There is also no breach of the prohibition of hate speech in the cases whenthe information has been published with the intent to provide a critical viewof the discrimination, hatred or violence against abovementioned persons,or of phenomena that constitute or might constitute incitement of suchbehavior 440 .The law stipulates that at the proposal of public attorney, authorizedmunicipal courts in Serbia may ban distribution of the information whennecessary in a democratic society in order to prevent, inter alia, inducementto direct violation or advocacy of racial, national or religious hatred thatpresents opinions that incite discrimination, hostility or violence 441 . Thecondition is that publication of the information threatens to result in aserious, irreparable consequence whose realization cannot be preventedotherwise 442 .Among international standards sanctioning hate speech there isRecommendation of the Committee of Ministers of the Council of433 Ibid, Article 39, Paragraph 2434 Ibid, Article 39, Paragraph 1435 The Law on Litigation (Official Gazette of RS, number 125/2004) was adopted on November 22 nd , 2004 andwas enforced on February 23 rd , 2005, Article 40, Paragraph 1436 Ibid437 Ibid, Article 39, Paragraph 3438 Ibid, Article 39, Paragraph 4439 Ibid, Article 40, Paragraph 1440 Ibid, Article 40, Paragraph 2441 The Law on Public Information, Article 17, see above under 1442 Ibid94
Implementation of Transitional Laws in Serbia 2006Europe No. R (97) 20 443 , 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, migrantsand people of immigrant origin 444 . The same document recommendsthat national law and practice in the area of hate speech should take dueaccount of the role of the media in communicating information and ideaswhich expose, analyze and explain specific instances of hate speech andthe underlying phenomenon in general as well as the right of the public toreceive such information and ideas. To this end, national law and practiceshould distinguish clearly between the responsibility of the author ofexpressions of “hate speech on the one hand and any responsibility ofthe media and media professionals contributing to their dissemination aspart of their mission to communicate information and ideas on matters ofpublic interest on the other hand 445 .It should be pointed out that the International Convention on theElimination of All Forms of Racial Discrimination 446 defines the term“racial discrimination” as any distinction, exclusion, restriction or preferencebased on race, color, descent, or national or ethnic origin which has thepurpose or effect of nullifying or impairing the recognition, enjoyment orexercise, on an equal footing, of human rights and fundamental freedomsin the political, economic, social, cultural or any other field of publiclife 447 . The preamble of this convention states that all states signatories,including Serbia and Montenegro, agree that any doctrine of superioritybased on racial differentiation is scientifically false, morally condemnable,socially unjust and dangerous, and that there is no justification for racialdiscrimination, in theory or in practice,” and that the existence of racialbarriers is repugnant to the ideals of any human society 448 .443 Recommendation of the Committee of Ministers of the Council of Europe No. R (97) 20, adopted on October30 th , 1997, is available at: 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 , 2006444 Ibid, Appendix to Recommendation, part “Scope”445 Ibid, Principle 6446 The International Convention on the Elimination of All Forms of Racial Discrimination, adopted on December21 st , 1965 and entered into force on January 4 th , 1969, is available at: http://www.unmikonline.org/regulations/unmikgazette/05bosniak/BRacialdiscrimination.pdf,visited on November 25 th , 2006447 Ibid, Article 1448 Ibid, Preamble95
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Implementation of Transitional Laws in Serbia 2006

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