Media freedom in Serbia

2014 Press Freedom Index

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Censorship in Serbia is prohibited by the Constitution. Freedom of expression and of information are protected by international and national law, even if the guarantees enshrined in the laws are not coherently implemented. Indeed, instances of censorship and self-censorship are still reported in the country. Serbia is deemed "partly free" by Freedom House and ranks 59th out of 180 countries in the 2016 Press Freedom Index report compiled by Reporters without borders, improving its ranking by eight places if compared to 2015. However, according to some experts, this improvement has been of purely statistical nature as it is due more to the worsening trend in the other countries comprised in the Index than on concrete improvements of the situation in Serbia. According to the 2015 Freedom House report, media outlets and journalists in Serbia are subject to pressure from politicians and owners over editorial contents. Also, Serbian media are heavily dependent on advertising contracts and government subsidies which make journalists and media outlets exposed to economic pressures, such as payment defaults, termination of contracts and the like.

Within the framework of negotiations with the European Union, the EU has requested that Serbia improves and guarantees freedom of expression and of the press. According to Christian Mihr of Reporters Without Borders, "as a candidate country [Serbia] must seriously understand the importance of the independence of journalists and the need for freedom of the media."

Legislative framework

Serbia is part of the European Convention on Human Rights and of the UN International Covenant on Civil and Political Rights, both imposing obligations to protect freedom of expression and information.

The Constitution of Serbia guarantees freedom of expression (including freedom of speech and press) and allows for its restriction only "to protect the rights and reputation of others, to uphold the authority and objectivity of the courts and to protect public health, morals of a democratic society and national security of the Republic of Serbia" - as in compliance with the standards set by the European Convention on Human Rights.

While the law does not include a specific provision on hate speech, it is a criminal offense in Serbia to "incite" national, racial, or religious intolerance. In June 2011 the Constitutional Court banned the extreme right-wing organization Nacionalni Stroj (National Front) for promoting racist hate speech.

It is a Constitutional right, in Serbia, to freely establish media without prior authorization. Licenses, required for TV and radio stations, are granted by an independent body, the Republic Broadcasting Agency (RBA). Censorship is prohibited by the Constitution.

The legislative framework on the media in Serbia includes a Law on Public Information, a Law on Broadcasting, a Law on Free Access to Information of Public Importance and a Law on Elections of the Members of the Parliament (regulating electoral coverage). The Criminal Code still stipulates fines for insult, even after the abolishment of criminal defamation provisions. In 2013 the Criminal Code was amended to include a specific reference, in art.138(3), to the endangerment of "persons discharging duties of public importance in the area of public information related to his/her duties", which official sources confirmed was meant to include journalists. Statistics about prosecutions in 2014 show that 10 cases, out of 4,080 criminal offenses recorded in the year, pertained to art.138(3); of these, 2 led to indictment and one to a conviction.

New laws on electronic media, public services, and access to public information, are in the pipeline, according to the 2011 Media Strategy, but have not yet been adopted.

Attacks and threats against journalists

Serbia's Independent Association of Journalists (NUNS) reported at least 34 physical and verbal attacks against journalists in Serbia in 2015; its General Secretary Svetozar Rakovic said that "the humiliation of journalists by government officials has reached its peak this year". OSCE media advisor Miroslav Jankovic reported in December 2015 that "At least three journalists are under permanent police protection in Serbia, which speaks for itself that the institutions had yet to face their past."

Between January and August 2014, Serbia had witnessed 28 cases of threats and intimidations against journalists - of which 5 physical assalts and 3 death threats - on a par with 2013 (23) and in decline from 2012 (33). The response of the authorities, according to Human Rights Watch, "was weak at best, negligent at worst".

Journalists have denounced reiterated violence and menaces, coupled with impunity for the perpetrators. Investigative journalists working on war crimes and radical religious groups have denounced how authorities downplayed the seriousness of the threats they received online. Cases of arbitrary financial and administrative inspections by official authorities, deemed of a harassing or intimidating character against critical reporting, have also been mentioned, with one specific case in Niš. High-ranking public officials have been participating in smear campaigns, including - as reported by HRW - Serbia's prime minister Aleksandar Vucic, publicly accusing journalists of acting on behalf of foreign interests.

The cases reported include:

• Slavko Ćuruvija, murdered in 1999 together with two other journalists, Milan Pantić, and Dada Vujasinovic. The Serbian government began a review on 24 January 2013 of several suspicious cases involving the alleged murders of journalists, including the three of them. Four former members of the Security Services were indicted for the murder of Ćuruvija, including the former security service chief Radomir Markovic. Three of them are in pre-trial custody.
• Vladimir Mitric, investigative journalist, who suffered an attempted murder by a former police officer in 2005, when he was investigating about drug trafficking in the Drina valley and has lived under police protection since, without being able to ccontinue his work. The perpetrator, after six years in court, received a one-year sentence and was then amnistiated.
• Dejan Anastasijevic, journalist for Vreme, suffered an attempted murder on 13 April 2007. Investigations were unable to apprehend the culprits.
• Brankica Stankovic, journalist at radio and TV broadcaster B92, complained about death threats she received after broadcasting documentaries on corruption in Serbian football, but the courts merely treated them as insults or defamation and rejected further complaints.
• Teofil Pančić, columnist for the weekly Vreme, was attacked with a metal bar in Belgrade on 24 July 2010. He was a usual critic of nationalism, corruption and hooliganism in sport.
• Predrag Blagojevic, editor-in-chief of Južne Vesti, who received death threats in March 2013 after having exposed alleged corruption in Niš' city heating company, and again in March 2014 by a football club owner (both trials still pending).
• Dragan Marinkovic, journalist at Televizija Leškovac, was threatened on social media after exposing failures in the readiness of ambulance services
• Davor Pasalic, beaten twice by three assailants in a single night in July 2014. The attack was publicly condemned by OSCE's media freedom representative. The police has set up a special investigative team on the case.

Political interference

The European Commission has stated in its 2012, 2013 and 2014 Progress Reports that political and financial interference has a detrimental effect on the independence of the media in Serbia.

The conditions of the market are deemed conducive to self-censorship by journalists and media outlets. Serbian media remain dependent on advertisement, of which market from 23 to 40% is constituted by state funding, whose process of allocation is deemed opaque and politicised, in the lack of an independent body tasked with the supervision of public spending on advertising. Free media reliance on state-funded advertisements thus makes them prone to a lack of critical scrutiny of governmental actions, for fear of losing precious sources of revenues. Political interference also takes more direct forms, with high-ranking politicians influencing editorial choices.

According to Christian Mihr, executive director of Reporters Without Borders, "censorship in Serbia is neither direct nor transparent, but is easy to prove." According to Mihr, "it can be seen that the authorities have very negative attitudes toward media freedom. Also, there are numerous examples of censorship and self-censorship," According to Mihr, "articles that were critical of the government were deleted from the Internet, while independent journalists were either threatened or pressured." He recalled how during the May 2014 floods some articles were taken off websites, while the government "attacked several critical reports" of the official response to the natural events. According to Mihr, Serbian prime minister Aleksandar Vucic has proved "very sensitive to criticism, even on critical questions," as was the case with Natalija Miletic, correspondent for Deutsche Welle Radio, who questioned him in Berlin about the media situation in Serbia and about allegations that some ministers in the Serbian government had plagiarized their diplomas, and who later received threats and offensive articles on the Serbian press.

Serbia's Independent Association of Journalists (NUNS) endorsed RWB's report. According to a survey by NUNS in December 2014, 40% of 585 Serbian journalists reported being occasionally subjected to censorship, while 48% believed their colleagues occasionally self-censor their work. Another survey, by Germany’s Konrad Adenauer Stiftung, from September 2014, remarked that more than 90% of journalists polled said both censorship and self-censorship are present in the Serbian media; 73% agreed that Serbian media lack objectivity, and 95% that reporting is rarely critical.

• Predrag Blagojevic, a journalist from Niš' Južne Vesti, was accused by the deputy mayor of being a foreign agent. Blagojevic was then subject to threats on social media. The police is investigating on the case.
• In late 2012, Niš' Južne Vesti newspaper was subject to surprise administrative inspections after reporting a series of critical stories on political leaders.
• Media close to the governments have dismissed critical journalists. Srđan Škoro, chief editor of the Belgrade daily Večernje Novosti (owned for one third by the state), was removed in Spring 2014. Professional associations have denounced this as politically motivated and due to Škoro's criticism of Vučić's party on the public radio.
• After the May 2014 floodings, the government established a state of emergency allowing it to detain citizens for "inciting panic". Police detained 3 journalists and questioned 20 more.
• In August 2014 BIRN's investigation on governmental overpayment for Air Serbia shares (published in Vreme) was publicly dismissed by PM Vučić as based on inaccurate documents and backed by corrupteed tycoons.
• Four popular political talk TV programmes were cancelled in 2014. In October 2014, B92 cancelled the renowned political talk show by Olja Bećković, running since 24 years and well known for its critical scrutiny of all governments since. This came after Bečković had thoroughly interviewed the prime minister Aleksandar Vučić in October 2013. The anchorwoman recalls having received an angry call from Vucic afterwards, and having been boycotted by SNS politicians since. B92 later decided to shift to entertainment, and announced it would start broadcasting from the same studio as the public broadcaster.
• In January 2015, BIRN was publicly criticised and smeared by PM Vucic after their exposure of alleged corruption in the state energy company Elektroprivreda Srbije. Vucic called BIRN "liars" and accused them of being paid by the EU ambassador to criticise him. He later repeated the accusation of "telling lies", justifying his attack in order to "protect Serbia from falsehood".
• Danica Vučenić, anchorwoman of RTV Vojvodina's talk show Jedan na jedan left her job in March 2015 after what she described as political pressures, due to having invited Olja Bečković as a guest in her show in October 2014. Vučenić claimed to having been boycotted by SNS politicians, thus being "forced to be one-sided in my reporting", and having then decided to leave journalism "because there is no space for independent journalists".
• In early 2015, Serbia's prime minister Vucic was criticized in two occasions by the EU Commission's spokesperson Maja Kocijancic, in relation to the government's criticisms of BIRN, and to its treatment of Ombudsman Sasa Jankovic. On 10 January 2015 Vucic claimed that a report by BIRN on the dewatering of the Tamnava mine was the work of “liars” paid by Brussels to undermine his government. Kocijancic stated being "very much surprised" by Vucic's claim "that the EU is paying individual organisations to wage a campaign against the Serbian government". Instead, she remarked that "media criticism (such as that of BIRN) is essential to ensure the proper accountability of elected governments," and that "governments should in turn be ready to act on such criticism in a constructive and transparent fashion, rather than trying to stifle it,” recalling how "the EU expects the Serbian authorities to ensure an environment supporting freedom of expression and of media". On 9 February 2015, Vucic and Eu Commissioner Johannes Hahn met in Brussels and stated that they had overcome any disagreements. Hahn dismissed the concerns about media freedom in Serbia raised by the RWB report, asking about "proof and evidence" to follow it up. Hahn's attitude was rebuked by RWB and NUNS; NUNS' Dragan Janjic stated that “Our conclusions are different from those of Mr Hahn. We make our assessments on media freedom based on the insight we receive from journalists,”
• In December 2015 and January 2016 journalists in Serbia organised strikes and demonstrations to protest against the perceived intensification of political pressures coming from the Serbian Progressive Party (SNS). In December, the defence minister Bratislav Gašić had insulted a woman journalist with B92 TV by saying “I like these female journalists who kneel down so easily”. NUNS called for his resignation after the sexist remark, but Vučić denied. Journalists organised a protest movement, under the slogan “Journalists don’t kneel” (Novinarke ne klece), also calling for investigation into illegal surveillance of journalists ordered by interior minister Nebojsa Stefanovic. Press photographers also protested against a draft law - then rejected - that would have removed copyright protection from their works. The Independent Journalists Association of Serbia (NUNS) also denounced that journalists in the town of Pancevo are “obliged” to join the ruling party not to lose their job. Independent journalists reported being smeared and portrayed as "foreign mercenaries". Journalists complained about being “insulted, badly paid and fired”. PM Vučić described the protsts as an “attempt to destabilize” Serbia, ahead of the snap election he called for April 2016.

Smear campaigns

A share of the Serbian media marked is occupied by government-aligned tabloids and TV (Informer, Kurir, e-Novine, Pink TV), which frequently engage in smear campaigns against targets, both domestically and abroad. These often also feature journalists, discrediting them as traitors, informers, thieves, and prostitutes.

The strategic use of pro-governmental tabloids as a means of political confrontation was introduced during the governments of the Democratic Party. Governments orient tabloids' editorial line through advertising grants. Their use has been made more aggressive under SNS governments.

• Olja Bećković, after her dismissal from B92, was a frequent target for tabloids.
• BIRN was subject to a smear campaign after Vucic's accusations. Tabloids (Informer, e-Novine, Pink TV) went along in accusing BIRN journalists of being paid foreign agents, attempting at the prime minister's life. As a results, as declared by BIRN's director Gordana Igric, "state institutions are hesitant to give statement ot BIRN". Igric herself was personally smeared by e-Novine. BIRN responded by keeping a live-blog "BIRN under fire" to analyse each incident
• Niš' Južne Vesti was also smeared by e-Novine, who personally attacked his director Blagojevic with homophobic insults, as well as BIRN's Igric and OSCE Media Freedom representative Dunja Mijatovic.
• Pro-governmental media mounted a smear campaign against the former Minister for the Economy, Saša Radulović, after he had resigned in disagreement with the government, up to painting him as violent with his own family.
• In February 2014 the leader of the Nova Stranka party, Zoran Živković, publicly tore apart a copy of Kurir to express his dissatisfaction with the tabloid press ignoring the oppositions' stances. The tabloids then mounted a campaign against him, accusing him of putting pressure on the media, thus trying to gather support and hide their bullying of dissenting voices. NUNS and NUNV did not express themselves on Živković's gesture. UNS condemned Živković, thus siding with the tabloids and the government during an electoral campaign.
• In Spring 2015 Serbia's Ombudsman Saša Janković was subject to a months-long smear campaign from pro-governmental media, to dimish his authority without actually removing it, as such a move might have displeased Serbia's international supporters.

Lawsuits and defamation

Defamation is decriminalised since 2012. Insult is still a criminal offense, but not punishable by prison - although journalists can be imprisoned if unable to pay the associated harsh fines.

• In August 2012 the President of Serbia Tomislav Nikolic officially pardoned the 69-years-old freelance journalist Laszlo Saš, who had been imprisoned for two weeks for being unable to pay a 150,000 RSD (1,200 EUR) fine for insulting a far-right Hungarian politician.

Lawsuits for defamation - keeping journalists from working and threatening them with huge amounts for compensation - are deemed a common way to push journalists to practice self-censorship, as recognised by NUNS. Statistics from 2011 show how 40% of the 242 civil defamation lawsuits against journalists and media outlets were filed by public officials, celebrities, powerful business leaders, city mayors, members of parliament, and ministers.

Fines handed down by courts to journalists upon claims of slander by politicians significantly decreased in 2014, thanks to a better understanding of the law by the courts. Yet, inconsistencies remain, as judges often ignore the norm saying that journalists cannot be punished for publishing or paraphrasing official government statements.

• The B92 broadcaster was sentenced in October 2013 (upheld in appeal in July 2014) to pay 200,000 RSD (2,280 $) for defamation to a former assistant minister of health, who had been implicated in an article in mismanagement of public funds.

Cyber-attacks

Reports have emerged of cyber-attacks against online media in Serbia in 2014. A specialised police unit for high tech crimes was established in 2006 in the General Prosecutor's Office, tasked to proceed to investigate after police referral, victims' referral, or autonomously upon media reports.

• Peščanik was subject of a cyber-attack, probably of the DDoS type, in June 2014, after having published about alleged plagiarism at Megatrend University by a minister. The Peščanik web administrator identified the attack as being launched by the Megatrend server, but the head of the police high tech crime unit dismissed the information. A second cyber-attack to Peščanik in August 2014 deleted around 35-40 online articles (later restored); Peščanik suffered 20 attacks over three days. The investigation is pending.
• Autonomija, independent news portal for Vojvodina, came under online attack in March 2014 after having run critical stories about PM Vucic. The police declared themselves unable to investigate the attack.

Internet censorship and surveillance

See also: Internet_in_Serbia § Internet_censorship_and_surveillance

There are no government restrictions on access to the Internet, e-mail, or Internet chat rooms. There are isolated reports that the government monitors e-mail. Individuals and groups are able to engage in the peaceful expression of views via the Internet, including by e-mail.

The constitution prohibits arbitrary interference with privacy, family, home, or correspondence. While the law requires the Ministry of Interior to obtain a court order before monitoring potential criminal activity and police to obtain a warrant before entering property except to save persons or possessions, police occasionally fail to respect these laws. Most observers believe authorities selectively monitor communications, eavesdrop on conversations, and read mail and e-mail. Human rights leaders also believe that authorities monitor their communications.

The 2010 Law on Electronic Communications obliges telecommunications operators to retain for one year data on the source and destination of a communication; the beginning, duration, and end of a communication; the type of communication; terminal equipment identification; and the location of the customer's mobile terminal equipment. While these data can be accessed by intelligence agencies without court permission, a court order is required to access the contents of these communications. In 2013 the Constitutional Court of Serbia ruled that a court approval is necessary also for data collection.

• In early 2014 the SNS tried to stop the spread of a satirical video about Aleksandar Vučić saving a young boy from a line of cars stuck in a snowstorm near Feketić, in Vojvodina. When the attempt at censoring the video proved unsuccessful, Vučić himself endorsed it on his Facebook profile, presenting the gesture as extraordinary.
• After the May 2014 floodings, the government established a state of emergency allowing it to detain citizens for "inciting panic". Online websites that were critical of the official response to the crisis were deleted or temporarily blocked. The OSCE Media Freedom declared its concern about censorship in the case and demanded that authorities "stop interfering with the work of online media outlets". Vucic denied all claims of censorship and intimidation and called OSCE official liars, then apologized to the organization and said the government would investigate.

See also

• Human rights in Serbia
• Media in Serbia