11. 03. 2009

WORKSHOP FOR ANEM MEMBERS:RBA CODE OF CONDUCT FOR BROADCASTERS – PRACTICAL APPLICATION AND RECOMMENDATIONS

On June 26, 2007, Republic Broadcasting Agency (RBA) adopted General Mandatory Instruction on Broadcasters’ Conduct (Code of Conduct for Broadcasters) in accordance with Broadacsting Law. The Code of conduct is consisted of a set of 13 generally binding instructions which regulate diverse issues related to broadcasters' program content. Failure to adhere to the rules of the Code results in punitive measures within the authorization of the Republic Broadcasting Agency in accordance with the Broadcasting Law, namely reprimand, public warning, temporary and permanent broadcasting license revocation.

Considering the importance of the Code for everyday activities of the broadcasters, ANEM has organized a workshop for its member stations in order to inform them about the Code and their obligations deriving from it. The workshop's guests were Goran Karadzic, the deputy president of the Council of the Republic Broadcasting Agency, Marko Milanovic, a legal expert, who is currently working on a doctoral thesis at the Cambridge University (Great Britain) and is an associate of the Belgrade Center for Human Rights and Slobodan Kremenjak, ANEM lawyer from the Zivkovic & Samardzic law office. The workshop was attended by 13 representatives of 11 ANEM's stations: Radio OK Vranje, Radio EMA Bujanovac, RTV Kraljevo, RTV Kragujevac, Radio City Nis, Niska TV, Radio M+ Mladenovac, Radio Far Alibunar, RTV Pancevo, TV Pirot and Radio Subotica.

Together with the invitation for the workshop, the stations representatives received a short overview of the Code with all important information, prepared by the Secretariat of ANEM so they can get ready for the discussion at the workshop.

At the beginning of the workshop, the deputy president of the Council of the Republican Broadcasting Agency, Goran Karadzic, made a detailed explanation of each instruction of the Code and their practical application. He emphasized the issues that had proven to be the biggest problem for stations in their everyday activities. He also pointed out how significant for the broadcasters was to get acquainted with the Code and announced a series of seminars and direct meetings aimed at informing them about the current rules. Karadzic said that the Code is not carved in stone and that it could be modified on the basis of practical experience and with the aim to advance the profession. He invited everyone to offer their proposals to improve the existing solutions.

The adoption of the Code caused various reactions and controversies, including proceedings on constitutionality of some of its parts, as were explained by the associate of the Belgrade Center for Human Rights, Marko Milanovic, the author of the initiative on constitutionality of certain sections of the Code. Particular criticism was directed towards the instruction No. 5 (related to media reporting on criminal proceedings) and No. 6 (related to treatment of religion and religious program). According to Milanovic, these instructions should be considered by the Constitutional Court because they are in violation of the Constitution, while some other instructions could be disputed in the process of „constitutional complaint“. Aside emphasized the general complaint that the Code was imprecise and that some provisions were too wide-ranging and unclear, and, as such, subject to the arbitrary personal judgment. He criticized the bipartite sanctions, lack of clearly stated reasons for application of the hardest sanctions, as a ground for their potential misuse. At the same time he emphasized the special problem regarding the fact that the Code is putting the broadcasting media in much harder position than the other media, as its provisions are burdening the electronic media with too much obligations and responsibilities, not characteristic for other type of media. Milanovic suggests systematic modifications to the Code and its harmonization with the Constitution, other relevant laws and the European legislature.

Application of the Code's provisions in everyday activities of the stations was clarified by ANEM lawyer, Slobodan Kremenjak. Although he pointed out numerous omissions in the text of the Code, he added that its instructions, while in force, must be obeyed, especially with regard to possible punishing measures.
 
A dynamic discussion led by all participants showed that many provisions of the Code were insufficiently precise and confusing with regard to their practical application, and that some of them were also contrary to the freedom of expression. The workshop ended with the conclusion that it was necessary to change the provisions of the Code. ANEM will actively participate in this process with substantiated and specific proposals it will deliver to the Republic Broadcasting Agency.

Workshop organization is supported by the Swedish Helsinki Committee. 

The material from the workshop (only in Serbian) is available here:

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