Anem :: Public Statements http://www.anem.org.rs/en/aktivnostiAnema/saopstenja/rss.html Story list en http://www.anem.org.rs/img/logo.png Anem :: Public Statements http://www.anem.org.rs/en/aktivnostiAnema/saopstenja/rss.html ANEM IS STRONGLY OPPOSED TO A REPEATED PUBLIC CONTEST FOR MEDIA REPORTING ON THE CITY OF POZAREVAC http://www.anem.org.rs/en/aktivnostiAnema/saopstenja/story/16079/ANEM+IS+STRONGLY+OPPOSED+TO+A+REPEATED+PUBLIC+CONTEST+FOR+MEDIA+REPORTING+ON+THE+CITY+OF+POZAREVAC.html Belgrade, 23 April 2014 - The Association of Independent Electronic Media (ANEM) is strongly opposed to realization of the public contest for public information services - which has recently been anno

Belgrade, 23 April 2014 - The Association of Independent Electronic Media (ANEM) is strongly opposed to realization of the public contest for public information services - which has recently been announced by the mayor and the City Council of Pozarevac - due to the fact that is it completely in violation of the Strategy of Development of the Public Information System in the Republic of Serbia Until 2016 (The Media Strategy).

ANEM demands that the public contest be annulled and a new public contest be organized aimed at co-financing projects benefiting the public in the field of public information and in accordance with the criteria stipulated by the Media Strategy.

ANEM calls on the local self-government to end the practice of abusing the public acquisition process and violating the principle of solely project-based financing from the public funds established by the Media Strategy.

ANEM is of the opinion that it is unacceptable to treat reporting on issues that are of great interest to citizens at the local level as any other service, especially having in mind that the media field is a specific area with strong social implications that is organized on very specific principles.

The Media Strategy clearly and unequivocally stipulates that the public interest in the media is to be realized via co-financing of projects based on a unique methodology and taking into account all the regulations regarding the state assistance at all levels, including the Republic, Autonomous Provinces or Local Self-Government Units (cities and municipalities).

The public interest in the field of the media, among other things, includes production and publication of "general informative and specialized media content that is necessary for everyday life and work of citizens in local and regional communities". The criteria for selection of projects are related to the quality of content offered by the specific media outlets, while the projects are chosen by and independent committee comprised of competent representatives of the public, professional associations and sectors that are not financed from the state budget.

ANEM points out that it has been emphasized in previous EU reports that the flexible system of budget-based financing that has remained in force in several local self-governments constitutes a violation of equal treatment of all media outlets in the market and allows the so-called "soft censorship", which hinders the development of free and independent media.

ANEM has contacted the mayor of Pozarevac and demanded that the public contest be annulled and a new public contest organized that would be in accordance with the rules stipulated by the Media Strategy. ANEM has also informed the Ministry of Culture and Information about the arbitrary practice that is evident in the process of allocation of money to local-level media outlets.

ANEM President, Milorad Tadic

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Wed, 23 Apr 2014 15:53:06 +0100 http://www.anem.org.rs/en/aktivnostiAnema/saopstenja/story/16079/ANEM+IS+STRONGLY+OPPOSED+TO+A+REPEATED+PUBLIC+CONTEST+FOR+MEDIA+REPORTING+ON+THE+CITY+OF+POZAREVAC
ANEM STRONGLY CONDEMNS ATTACK BY INFORMER ON REPUTABLE MEDIA AND JOURNALISTS http://www.anem.org.rs/en/aktivnostiAnema/saopstenja/story/16010/ANEM+STRONGLY+CONDEMNS+ATTACK+BY+INFORMER+ON+REPUTABLE+MEDIA+AND+JOURNALISTS.html Belgrade, April 7, 2014 - In its customary manner, the daily newspaper Informer has again published completely unverified, arbitrary and sensationalistic information, humiliating the journalistic prof

Belgrade, April 7, 2014 - In its customary manner, the daily newspaper Informer has again published completely unverified, arbitrary and sensationalistic information, humiliating the journalistic profession and reducing the standard of media reporting down to the level of the long-gone nineties of the last century.

In Informer's published articles, its readers were presented with a so-called "great conspiracy" against the leadership of the country, while reputable media professionals, who are well-known for their professionalism and respect for journalistic ethics, have been labeled as "foreign spies" and "enemies" of "everything that is contrary to the so-called 'yellow Serbia'", at the same time pointing out their hostile attitude towards the current leaders of the country.

Informer has decided to reveal a conspiracy of a media company and its journalists before the said media outlet has even begun broadcasting its programme, smearing it as an instrument of a global political force that is hostile to Serbia, and labeling its journalists as puppets used by political interest groups intent to destroy their country.

The media should not be perceived as an enemy, and it is not the role of the media to serve as an instrument of political propaganda. The media is a platform that should be used for free exchange of information, opinions and ideas, as well as debate about issues of public importance.

The highest legal statute of the Republic of Serbia allows anyone to found a media outlet. Licenses for television stations are issued in accordance with law.

All broadcasters are required to broadcast their programme in accordance with law, the instructions prescribed by the Republic Broadcasting Agency, and the journalistic ethics. In other words, Serbia has a media-related legal framework and system, which is not perfect, but exists. Arbitrary accusations and disqualifications that label certain journalists as traitors or mercenaries are absolutely unacceptable.

It is of special concern that the representative of the ruling party - who has said that "no one can influence the will of the people from the outside", that he "will stand up to pressure" and that "all such attempts are doomed to fail" - has in this way joined the witch-hunt and sent a dangerous message that any form of criticism towards the government is unwelcome and that it will be sanctioned.

ANEM calls on Informer to get back on the track of responsible, professional and ethical reporting and to strive to increase the number of its readers by publishing reports on issues of public importance instead of attacks on those who have differing opinions, and especially to refrain to attack their own colleagues. On the other side, ANEM demands that the authorities send a strong political message that constructive criticism of the government is not a "hostile activity" and clearly distance themselves from such attacks on journalists and the media.

ANEM President, Milorad Tadic

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Mon, 7 Apr 2014 16:59:45 +0100 http://www.anem.org.rs/en/aktivnostiAnema/saopstenja/story/16010/ANEM+STRONGLY+CONDEMNS+ATTACK+BY+INFORMER+ON+REPUTABLE+MEDIA+AND+JOURNALISTS
ANEM WELCOMES THE DECISION OF CONSTITUTIONAL COURT DETERMINING DISPUTED PROVISIONS OF THE LAW ON CINEMATOGRAPHY UNCONSTITUTIONAL http://www.anem.org.rs/en/aktivnostiAnema/saopstenja/story/16008/ANEM+WELCOMES+THE+DECISION+OF+CONSTITUTIONAL+COURT+DETERMINING+DISPUTED+PROVISIONS+OF+THE+LAW+ON+CINEMATOGRAPHY+UNCONSTITUTIONAL.html Belgrade, April 7, 2014 - The Association of Independent Electronic Media (ANEM) welcomes the decision of the Constitutional Court of the Republic of Serbia, which found unconstitutional the provision

Belgrade, April 7, 2014 - The Association of Independent Electronic Media (ANEM) welcomes the decision of the Constitutional Court of the Republic of Serbia, which found unconstitutional the provisions of the Law on Cinematography which have infringed on the system of financing, as the key element of independence of regulatory bodies for broadcasting and electronic communications. The Constitutional Court in this case made a decision on an initiative submitted by ANEM in late May 2012.

The unconstitutional provisions of the Law on Cinematography envisaged that funds for the support of domestic cinematography be provided, under certain conditions, from compensation paid by radio and television stations in Serbia to the Republic Broadcasting Agency, as well as from  compensation   that public telecommunication operators pay on various basis to RATEL.

ANEM cited in the initiative, among other things, the existing international standards of human and minority rights in the field of the protection of freedom of expression, defined by the Recommendation of the Committee of Ministers of the Council of Europe no. 23 of 2000 on the independence and functions of regulatory authorities for the broadcasting sector. According to the Recommendation, funding represents a key element of the independence of regulatory bodies and should be regulated by law in accordance with a clearly defined plan. The same Recommendation further states that public authorities shall not exercise their jurisdiction regarding financing in a way that would interfere with the independence of regulatory bodies, as well as that the funding mechanisms of regulatory bodies shall not depend on anyone's ad-hoc decisions.

This is the third important victory that ANEM has achieved in the past six months before the Constitutional Court. Previously, a provision of the Law on Protection of the Rights and Freedoms of National Minorities was declared unconstitutional which stated that the state may, along with the public service broadcaster, found radio and television stations which would broadcast programs in languages ​​of national minorities. Another provision declared unconstitutional was one of the of the Law on National Councils of National Minorities which opened space for the obstruction of the mandatory privatization of state media by providing that the minority government media, instead of being privatized, could be transferred to the national councils of national minorities.

ANEM will continue its activities aimed at removing obstacles that stand in the way of media reforms in Serbia, with the aim to strengthen the independence of regulatory bodies and the withdrawal of the state from media ownership as a prerequisite for advancing the position of private media in the country, and especially minority private media, as well as the activities aimed at improving the legal framework in a way that will encourage media pluralism and media freedom.

ANEM President, Milorad Tadic

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Mon, 7 Apr 2014 16:40:41 +0100 http://www.anem.org.rs/en/aktivnostiAnema/saopstenja/story/16008/ANEM+WELCOMES+THE+DECISION+OF+CONSTITUTIONAL+COURT+DETERMINING+DISPUTED+PROVISIONS+OF+THE+LAW+ON+CINEMATOGRAPHY+UNCONSTITUTIONAL
ANEM REACHES AGREEMENT WITH SOKOJ ON PROTOCOL ON COOPERATION http://www.anem.org.rs/en/aktivnostiAnema/saopstenja/story/15985/ANEM+REACHES+AGREEMENT+WITH+SOKOJ+ON++PROTOCOL+ON+COOPERATION.html Belgrade, March 17, 2014 - After lengthy negotiations, ANEM has, as a representative association of broadcasters - users of musical copyright works, achieved with SOKOJ an agreement on a Protocol on C

Belgrade, March 17, 2014 - After lengthy negotiations, ANEM has, as a representative association of broadcasters - users of musical copyright works, achieved with SOKOJ an agreement on a Protocol on Cooperation, which has, compared to the existing Tariff, made possible for broadcasters significant discounts and benefits for payment of the minimum fee for the use of music copyright works. Agreed discounts and benefits will under same conditions be available for use by all radio and TV stations which are paying the minimal fee. The Protocol also regulates the issue of settlement of debts from the previous period.

ANEM emphasizes that the Protocol stipulates that, in order to reach a mutually acceptable agreement on tariffs, a joint expert committee will be formed and made up of representatives of ANEM and SOKOJ, which will prepare conditions for starting new tariff negotiations. To this end SOKOJ will, without delay, and after receiving the opinion of the expert commission that conditions are provided for negotiations on tariffs that will lead to an agreement, publish a public announcement in the Official Gazette of the RS, thus formally  initiating the procedure for conducting of negotiations as envisaged by the Law on Copyright and Related rights.

The Protocol on Cooperation will be in force until the conclusion of the Agreement on tariff of fees paid for the use of music repertoire of SOKOJ.

The most important parts of the Protocol:

  • Each station that has a basis for the application of the minimum fee, regardless of the existence and amount of the debt, shall be granted a discount of 50 % on the calculation of the minimum fee for the period starting from 01.01.2014. provided that:
  • 1. it has a contract with SOKOJ,
  • 2. the reduced fee is paid in its entirety as calculated by SOKOJ, within the deadline specified in the invoice, which may not be less than 15 days from the date of the invoice,
  • 3. in an agreed time frame submitted lists of musical works - the "jackets", in the manner and form provided by the SOKOJ portal.
  • In addition to the 50 % discount, deductions are implemented in relation to the region in which the user is registered , as follows:
  • 1. 10 % for the region of Vojvodina,
  • 2. 20 % for Central and Western Serbia,
  • 3. 30% of the Eastern and Southern Serbia.
  • All discounts are applied cumulatively cannot exceed 75 % of the minimum charge.
  • Stations of civil society , as well as cells that emit the bulk of the programs in the languages ​​of national minorities ( with confirmation RRA ) is , as before, a fee is charged at 50 % of the amount determined by the tariff , so that the resulting amount calculated discounts .

For the civil sector stations, and for stations which broadcast the major part of the program in languages ​​of national minorities (with a certificate from RBA), the fee is calculated at 50 % of the amount determined by the tariff, and for the resulting amount the discounts are calculated.

  • SOKOJ agrees that invoices clearly indicate the full amount of the fee and the reduced fee ( with discounts), as well as the deadline for payment of the reduced fees .
  • Deadlines for payment of monthly bills for a minimal fee with reductions:
  • 1. for January 2014. - 31 March 2014 ;
  • 2. for February 2014. - 25 April 2014 ;
  • 3. for March 2014. - 15 May 2014 ;
  • 4. for April 2014. - 31 May 2014 ;
  • 5. for each month after April 2014. - 25th day of the following month (rule will be in effect until the termination of the Protocol).
  • For unpaid claims from 1 January 2012 to 31 December 2013, with no litigation initiated up to 10 March 2014, a discount is granted on the remuneration due in the amount of 30% on all amounts to be paid by 31 August 2014, regardless if the total amount owed is paid by the subject date.
  • If no litigation is initiated by 10 March 2014 SOKOJ will, at the request of a broadcasters who does not want or cannot take advantage of the 30% discount on the payments of owed ​​amount, enter with that broadcaster into an agreement on the settlement of debt not under litigation in monthly installments payable by 29 December 2014, provided that the request was submitted up to 31 August 2014.
  • For claims that are under litigation up to 10 March 2014, and the ruling has not been made, SOKOJ will at the request of the broadcaster offer court settlement that includes the payment of the principal debt, the costs of litigation, and 50% of the legal interest rate, in at least 5 installments up to 29 December 2014, provided that previously an agreement is concluded on the settlement of the debt not under litigation.

The Protocol will enter into force within 8 days from the date of publication in the Official Gazette of RS.

ANEM President, Milorad Tadic

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Mon, 17 Mar 2014 15:03:28 +0100 http://www.anem.org.rs/en/aktivnostiAnema/saopstenja/story/15985/ANEM+REACHES+AGREEMENT+WITH+SOKOJ+ON++PROTOCOL+ON+COOPERATION
ANEM CONDEMNS CAMPAIGN AGAINST RBA REGARDING PUBLIC COMPETITION DECISION http://www.anem.org.rs/en/aktivnostiAnema/saopstenja/story/15838/ANEM+CONDEMNS+CAMPAIGN+AGAINST+RBA+REGARDING+PUBLIC+COMPETITION+DECISION.html Belgrade, March 11, 2014 - The Association of Independent Electronic Media (ANEM) condemns excessive statements that are placed via foreign news agencies concerning the repeated public competition for

Belgrade, March 11, 2014 - The Association of Independent Electronic Media (ANEM) condemns excessive statements that are placed via foreign news agencies concerning the repeated public competition for a license to broadcast television programs with national coverage, as well as the campaign conducted on the program of the cable channel TV Nova against the Republic Broadcasting Agency (RBA) and its decision.

ANEM points out that anyone's personal dissatisfaction with the results of the competition does not justify unilateral and repeated attacks against institutions. The Law on Broadcasting foresees that those dissatisfied by the RBA decisions have the right to submit a complaint to the Agency itself, and in case of rejection of the complaint, they have the right to initiate a lawsuit before a court in an administrative dispute. Media attacks in place of complaints and lawsuits in a procedure based on law only strengthen the suspicion that those behind these attacks have no arguments of legal nature. We consider one-sided attacks of this kind against institutions to be an impermissible pressure against bodies that should make a decision based on the law in a legally regulated procedure, whether it is the RBA itself during the complaint procedure, or the court. We also consider unilateral attacks to be violations of the provisions of the Code of Conduct for Broadcasters by those permit holders who are participating in such campaigns.

ANEM reminds that it has opposed the calling of the previous and the repeated competition for granting a license to broadcast television programs with national coverage, because it was of opinion that the competition threatens the digitization process, and that it was implemented without a valid broadcasting development strategy and according to an outdated law expected to be changed. Unfortunately, the repeated public competition for granting a license to broadcast television program with national coverage ended with the RBA decision which is not a result of taking into account ANEM`s arguments.

Despite everything, ANEM calls on its members, but also on other broadcasters in Serbia, to refrain from unilateral media attacks against the Broadcasting agency, and to express possible dissatisfaction with the decisions of the regulator in a manner prescribed by law, and not by abusing the fact that they broadcast program and in that way influence the public opinion. Conduct different from the above explained, after the RBA has already made its decision on the competition, and the deadlines for filing complaints are current, is nothing less than inappropriate and unacceptable pressure against  institutions.

ANEM President, Milorad Tadic

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Tue, 11 Mar 2014 13:14:46 +0100 http://www.anem.org.rs/en/aktivnostiAnema/saopstenja/story/15838/ANEM+CONDEMNS+CAMPAIGN+AGAINST+RBA+REGARDING+PUBLIC+COMPETITION+DECISION
ANEM REACHES AGREEMENT ON UNIFORM TARIFF OF FEES WITH OFPS AND PI http://www.anem.org.rs/en/aktivnostiAnema/saopstenja/story/15803/ANEM+REACHES+AGREEMENT+ON+UNIFORM+TARIFF+OF+FEES+WITH+OFPS+AND+PI.html Belgrade, February 25, 2014 - The Association of Independent Electronic Media (ANEM) signed yesterday an Agreement on uniform tariff of fees for broadcasting of phonograms and upon them recorded inter

Belgrade, February 25, 2014 - The Association of Independent Electronic Media (ANEM) signed yesterday an Agreement on uniform tariff of fees for broadcasting of phonograms and upon them recorded interpretation with collective organizations - the Organization of Phonogram Producers of Serbia (OFPS) and the Organization for Collective Administration of Performing Rights (PI), and by doing so successfully completed negotiations which were conducted from October of last year.

ANEM and collective organizations OFPS and PI, with the support of the Intellectual Property Office, have begun work in early October on the Agreement on tariff. The objective of both sides in negotiations was to reach a balanced, realistic and applicable tariff, which would respect both the needs of broadcasters and the needs of collective organizations.

The most important parts of the Agreement pertain to:

  • A change of the rules regarding the calculation of the basis for payment of fees, which will be exclusively linked to revenues from broadcasting; so the basis do not include income from projects, revenues, production revenues and other income not related to broadcasting. The basis for calculation, under certain conditions, is initially reduced by 10 % on the basis of marketing costs;
  • Tariff percentage rates are determined in accordance with the relevant tariff number, with differentiating between three radio categories: full service radio, entertainment radio and music radio, with the use of different percentages ( from 2.75 % to 4 % ), depending on the representation of the music repertoire in prime-time (06-18h), and the type of program being broadcasted on radio; for TV, the use of percentages is determined in relation to the representation of the musical repertoire in the ranges from 1.3 % for TV stations in which the representation of the repertoire is up to 25 % , to 3.3 % - for TV stations where that representation is over 75 %.
  • The minimum fee shall be determined in proportion to the population in the service area coverage, which represents a real, and not a geographic coverage area, by multiplying the coefficient (0.003 - for radio and - 0.012 for TV ) and the value of points ( 11 dinars excluding VAT) ;
  • Under certain conditions, at the end of the accounting period a 15% discount shall be granted from the calculated fee.

ANEM hopes that determining of the tariff by negotiations will continue to be the rule in the future, having in mind the intention of the Law on Copyright and Related Rights, and that the collective organizations will not resort to unilateral solutions that do not take into account at all the needs of users, and the reality of the media market.

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Tue, 25 Feb 2014 17:03:15 +0100 http://www.anem.org.rs/en/aktivnostiAnema/saopstenja/story/15803/ANEM+REACHES+AGREEMENT+ON+UNIFORM+TARIFF+OF+FEES+WITH+OFPS+AND+PI
ANEM DEMANDS ANNULMENT OF THE PUBLIC CONTEST FOR FINANCING AND CO-FINANCING OF MEDIA-RELATED PROGRAMS AND PROJECTS IN KOVIN http://www.anem.org.rs/en/aktivnostiAnema/saopstenja/story/15742/ANEM+DEMANDS+ANNULMENT+OF+THE+PUBLIC+CONTEST+FOR+FINANCING+AND+CO-FINANCING+OF+MEDIA-RELATED+PROGRAMS+AND+PROJECTS+IN+KOVIN.html Belgrade, February 11, 2014 - The Association of Independent Electronic Media (ANEM) is strongly opposed to the realization of the Public Contest for Financing and Co-Financing of Media-Related Progra

Belgrade, February 11, 2014 - The Association of Independent Electronic Media (ANEM) is strongly opposed to the realization of the Public Contest for Financing and Co-Financing of Media-Related Programs and Projects, which was announced at the session of the Municipal Council of Kovin held on 28 January 2014. The public contest is completely contradictory to the rules of project-based financing stipulated by the Strategy of Development of the Public Information System and it undermines the legal security and certainty in the process of allocation of funds to the local media for the purpose of advancing the public interest in the media.

First of all, it is entirely unacceptable that the deadlines for application are set from the day of publication of the announcement of the public contest on the website of the Municipality, since only the publication of the rules of the public contest in the official gazette of the city can provide the minimum of legal security and certainty regarding the deadlines.

The public contest also has other serious flaws, since the criteria and purpose of the allocation of funds have not been defined at all. The Rulebook on Parameters and Criteria for the Selection of Programs and Projects in the Field of Public Information explicitly defines the criteria and parameters for the selection of service providers in the field of public information to be financed and co-financed by the government, while the funding is provided for the purpose of reporting on the activities of the local self-government and the Municipal Administration of Kovin. This formulation clearly proves that the concepts of public procurement in the field of media services and the advancement of public interest in the field of public information have been misapplied. It defies belief that the public interest has been defined with regard to how "suitable" certain media outlets are to report on activities of the local self-government, which actually sends the message that local media outlets have to act as mouthpieces of the PR department of the local self-government. We remind that this is not in the interest of the public, which can only be related to the realization of clearly defined goals stated by the Media Strategy. During the last year, the local self-government of the City of Nis similarly abused the procedure and rules of public procurement and reduced the public interest in the field of public information to reporting on the activities of the mayor and other local self-government bodies, which was in direct violation of the Media Strategy. Aside from this, the criteria for the allocation of funds at the public contest organized by the Municipal Council of Kovin are completely unclear and arbitrary; it has not even been specified how much money is being allocated. For this reason, participants in the contest lack the information about what they are applying for, how much money will be spent and what their obligations would be if they win the public contest.

ANEM demands that the Public Contest be annulled and later organized in accordance with the criteria defined by the Media Strategy, especially having in mind significant formal and other flaws of the Contest. ANEM appeals on local self-governments to realize that the local media cannot function as their mouthpieces and that the public interest in the field of public information does not equal media reporting on activities of local self-governments. Apart from this, differences in the allocation of funding from budgets of local self-governments that is intended for public information is a direct consequence of the lack of a clear and transparent legal framework. For this reason, we call on the responsible authorities to expedite the adoption of the legislation that would eliminate differences in the implementation of the rules of project-based financing.

ANEM President, Milorad Tadic

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Tue, 11 Feb 2014 12:36:39 +0100 http://www.anem.org.rs/en/aktivnostiAnema/saopstenja/story/15742/ANEM+DEMANDS+ANNULMENT+OF+THE+PUBLIC+CONTEST+FOR+FINANCING+AND+CO-FINANCING+OF+MEDIA-RELATED+PROGRAMS+AND+PROJECTS+IN+KOVIN
ANEM WARNS OF ATTEMPTS OF PRIVATE INTERNET CENSORSHIP AND CALLS ON ALL ACTORS IN THE ELECTION CAMPAIGN TO USE ONLY ALLOWED MEANS http://www.anem.org.rs/en/aktivnostiAnema/saopstenja/story/15703/ANEM+WARNS+OF+ATTEMPTS+OF+PRIVATE+INTERNET+CENSORSHIP+AND+CALLS+ON+ALL+ACTORS+IN+THE+ELECTION+CAMPAIGN+TO+USE+ONLY+ALLOWED+MEANS+.html Belgrade, February 3, 2014 - On Saturday, we all witnessed the massive removal of video recordings which satirically portrayed action to save children from a snowstorm in Feketić from the portal Youtu

Belgrade, February 3, 2014 - On Saturday, we all witnessed the massive removal of video recordings which satirically portrayed action to save children from a snowstorm in Feketić from the portal Youtube. Removal of the content was justified by infringement of copyright of the Radio Television of Serbia (RTS) video recording. Behind the claims referred to Youtube is the company KVZ Music, registered in Austria, whose authorized representative for Serbia is the local company Matricon Ltd, which allegedly represents leading media companies in the distribution of content on digital media, and ensures that duplicate recordings of their clients are not published on the websites of other users in an unauthorized way. Of particular concern is the fact that the representatives of the public service broadcaster publically indicate that their videos are protected by copyright, thus indirectly confirming their participation in the removal of video recordings.

ANEM reminds that the right to freedom of expression is guaranteed by the Constitution as a human right and may be restricted only if it is necessary in a democratic society in order to protect the fundamental values ​​of the society and / or to protect the rights and freedoms of others, and that all forms of censorship are prohibited in accordance with the Constitution and the Law on Public Information, including a form of censorhip originating from private sources.

Copyright is also a legitimate interest to be protected, but not in a way that disproportionately infringes the right to freedom of expression, as confirmed by a number of judgments of the European Court of Human Rights.

Of particular concern is the fact that the private actor, abusing the YouTube terms of use, indirectly removed the video recordings, based on copyright infringement claims, while the video recordings are an obvious example of political satire and although the use of recordings related to daily reporting and processing of such recordings as copyright work are free and allowed by Copyright Law and shall not be considered a breach of copyright.

In the removed video recordings the authors expressed their views on the rescue action alluding that the action was potentially staged, which is a legitimate political stance that can be freely expressed in accordance with the above-mentioned constitutional guarantees.

Of particular concern is the fact that the recordings containing political satire were swiftly removed  with the explanation of copyright infringement, while many videos that belong to the RTS and are of commercial nature still freely exist on YouTube, which shows the arbitrariness of treatment.

ANEM calls on RTS to distance itself unambiguously from these attempts of private censorship, particularly in view of the important role that the public service broadcaster has in the media system. Furthermore, ANEM requests from the competent state bodies to act considering that a violation of free speech and public appearance is a criminal offense punishable under the Criminal Code. Finally, ANEM requests from all participants in the election campaign to respect the election campaign rules.

ANEM President, Milorad Tadic

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Mon, 3 Feb 2014 14:35:46 +0100 http://www.anem.org.rs/en/aktivnostiAnema/saopstenja/story/15703/ANEM+WARNS+OF+ATTEMPTS+OF+PRIVATE+INTERNET+CENSORSHIP+AND+CALLS+ON+ALL+ACTORS+IN+THE+ELECTION+CAMPAIGN+TO+USE+ONLY+ALLOWED+MEANS+
ANEM DEMANDS THAT THE AUTHORITIES IMMEDIATELY RESPOND TO ATTACKS ON REPORTERS OF TV B92 AND TV PRVA http://www.anem.org.rs/en/aktivnostiAnema/saopstenja/story/15541/ANEM+DEMANDS+THAT+THE+AUTHORITIES+IMMEDIATELY+RESPOND+TO+ATTACKS+ON+REPORTERS+OF+TV+B92+AND+TV+PRVA+.html Belgrade, 16 December 2013 - The Association of Independent Electronic Media (ANEM) strongly protests the attacks on the teams of journalists with television stations TV B92 and TV Prva - both members

Belgrade, 16 December 2013 - The Association of Independent Electronic Media (ANEM) strongly protests the attacks on the teams of journalists with television stations TV B92 and TV Prva - both members of ANEM - that took place while they were reporting on incidents that occurred during the local election held in Odzaci on Sunday, 15 December.

Jovana Stetin and Dejan Goljevac (TV B92), as well as Biljana Gavric and Lazar Vukadinovic (TV Prva), were attacked near the polling place in Backi Gracac. The television crews came to the polling place after it had been reported that voting in Gracac was suspended after a fight between political party activists. Journalists were protected by the police from direct physical attacks near the polling place. However, the police also advised the journalists to leave the location since they could not guarantee their safety in the case of potential new attacks.

ANEM points out that reporting on the electoral process is one of the most sensitive tasks of the media, and that the media in Serbia has been accused for years - during each electoral cycle - of being biased and favoring one political option over the other. What is specific for the attack that took place in Odzaci is the fact that the attackers tried to prevent the media from even reporting on suspended voting at one of the polling places.

The electoral process in a democratic society cannot be realized without creating conditions for the media to report on such process without any hindrances, and for the citizens to receive all relevant information about the process which constitutes the very essence and basis of democracy. Any attacks on journalists who report on elections, and especially physical attacks of such intensity that even the police cannot guarantee protection from them, are impermissible in a democratic society that Serbia aspires to be. ANEM calls on everyone who supports democratization of Serbia to strongly condemn the incident and to express their solidarity with journalists and the media who have found themselves under attack.

ANEM demands that the authorities investigate all circumstances of the attack on television crews in Backi Gracac and prosecute the perpetrators, so that such incidents would not happen again.

ANEM President, Milorad Tadic

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Mon, 16 Dec 2013 12:43:16 +0100 http://www.anem.org.rs/en/aktivnostiAnema/saopstenja/story/15541/ANEM+DEMANDS+THAT+THE+AUTHORITIES+IMMEDIATELY+RESPOND+TO+ATTACKS+ON+REPORTERS+OF+TV+B92+AND+TV+PRVA+
ANEM: IT IS UNACCEPTABLE FOR THE REPUBLIC BROADCASTING AGENCY TO INTERFERE WITH THE EDITORIAL POLICY OF RTV VOJVODINA AND RADIO B92 http://www.anem.org.rs/en/aktivnostiAnema/saopstenja/story/15501/ANEM%3A+IT+IS+UNACCEPTABLE+FOR+THE+REPUBLIC+BROADCASTING+AGENCY+TO+INTERFERE+WITH+THE+EDITORIAL+POLICY+OF+RTV+VOJVODINA+AND+RADIO+B92+.html Belgrade, 4 December 2013 - The Association of Independent Electronic Media (ANEM) strongly protests the Council of the Republic Broadcasting Agency's decision to issue a public warning to the Public

Belgrade, 4 December 2013 - The Association of Independent Electronic Media (ANEM) strongly protests the Council of the Republic Broadcasting Agency's decision to issue a public warning to the Public Service Broadcaster of Vojvodina and Radio B92. ANEM considers that the Council's decision has overstepped the boundary between monitoring the activities of broadcasters - which is a part of its mandate in accordance with the Law on Broadcasting - and unacceptable limiting of the freedom of expression and interference with the editorial policy of the media.

The Republic Broadcasting Agency (RRA) has issued a warning to Radio-Television Vojvodina because of the manner in which an interview with a politician from Kosovo, Atifete Jahjaga, was conducted. The RRA has not criticized the fact that the interview - made with inadequate simultaneous translation of the interviewee's words - was broadcast at all despite the journalist in question himself admitting that he could not understand everything that was said in the course of the interview. In fact, the Council of the RRA issued a warning to RTV Vojvodina because its journalist did not oppose his interviewee by asking her additional questions. ANEM reminds that the European Court of Human Rights in its well-known case Yersild vs. Denmark has decided that "... methods of objective and balanced reporting can vary significantly, depending - among other things - on the media in question. It is not possible for this Court, nor national courts, to impose any manner of reporting on journalists to adopt." Without any doubt, this decision obliges the Council of the RRA not to impose any manner of reporting on the public service broadcaster or any other media outlet, dictating journalists how to ask questions or how to continually oppose their interviewees. ANEM points out that reporting based on interviews is one of the most important tools of the media in realizing their fundamental role in a democratic society. Issuance of warnings to journalists or and media outlet for broadcasting statements made by individuals during interviews constitutes impermissible interference with the freedom of expression because it limits the ability of the media to make a contribution to the necessary debate on issues public importance.

It is equally objectionable that the Council has decided to issue a public warning to an ANEM member, Radio B92, because its entertainment programme had aired a satirical report with previously mixed and edited segments of the news originally broadcast by the public service broadcaster, RTS, during which the listeners found out that „the Government ... has decided to relieve of his duty ... President Nikolic, who used to solicit young boys for former Bishop Vasilije Kacavenda."

At the same time, the Council of RRA has analyzed the controversial statement completely out of context of the aired satirical report dealing with the several months-long process of reconstruction of the Government of Serbia. In fact, the radio station unambiguously emphasized during the airing that the programme consisted of an edited collage made of a previously broadcast material, including among other things 'news' saying that post-reconstruction, the Government had „18 ministries", such as "the Ministry of Stomachache, the Ministry of the all-Chinese National Congress, the Ministry of Corruption, the Ministry of Tra-la-la, and the Ministry of Novak Djokovic", and that the Government, whose goal was to "give as many ministerial positions to the Socialist Party of Serbia, "had decided to relieve of his duty ... President Nikolic, who used to solicit young boys for former Bishop Vasilije Kacavenda."

The listeners of the radio programme have obviously understood what the satire was about and no one except the Programme Monitoring Department and Council of the RRA has perceived it as "extremist" or "insulting" because it allegedly mentioned the President of the Republic in the context of a "serious criminal offense against children", which is evidenced by that fact that Radio B92 and RRA itself have not received a single complaint from listeners and that RRA began the proceedings at its own initiative. The Council of the RRA felt itself obliged to protect the President of the Republic in a situation which had not constituted any kind of attack on him. In this way, the Council has outdid even the well-known verdict by the Higher Court in Cacak and the Court of Appeals in Kragujevac which sentenced Stojan Markovic, the editor of the newspaper Cacanske Novine, who was sued by Velimir Ilic, because of publishing a satirical piece which "did not contain enough true facts".

ANEM calls on the Republic Broadcasting Agency to reconsider these controversial decisions and to direct its efforts toward creating conditions for development of such media scene in Serbia that is needed by a democratic society, instead of taking problematic measures that interfere with the editorial policy of the media and limit the freedom of expression.

ANEM President, Milorad Tadic

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Wed, 4 Dec 2013 15:39:30 +0100 http://www.anem.org.rs/en/aktivnostiAnema/saopstenja/story/15501/ANEM%3A+IT+IS+UNACCEPTABLE+FOR+THE+REPUBLIC+BROADCASTING+AGENCY+TO+INTERFERE+WITH+THE+EDITORIAL+POLICY+OF+RTV+VOJVODINA+AND+RADIO+B92+
PRESS STATEMENT BY ANEM ON THE ANNOUNCED LAUNCH OF TV NOVA http://www.anem.org.rs/en/aktivnostiAnema/saopstenja/story/15449/PRESS+STATEMENT+BY+ANEM+ON+THE+ANNOUNCED+LAUNCH+OF+TV+NOVA.html Belgrade, November 12, 2013 - The Association of Independent Electronic Media (ANEM) is concerned because certain print media outlets have published reports announcing impending launch of TV Nova, add

Belgrade, November 12, 2013 - The Association of Independent Electronic Media (ANEM) is concerned because certain print media outlets have published reports announcing impending launch of TV Nova, additionally complicating the already complex situation that has resulted from the decision by the Republic Broadcasting Agency (RRA) to hold a public contest for a broadcasting frequency with national coverage which suffers from numerous formal and technical flaws. At the same time, these reports have misled the public regarding the characteristics of the new broadcaster and created an atmosphere of inappropriate pressure on the deciding process of the independent regulator.

ANEM reminds that TV Nova had participated in the previous public contest for a broadcasting frequency with national coverage, which ended unsuccessfully. At the time, the Council of the RRA decided that none of the candidates - including TV Nova - had satisfied the legal requirements for issuance of license for a national frequency. On the basis of the available information, there have been no applicants for the new public contest, and there is no any television stations of the same name in the Register of Licenses for Cable Broadcasting. Also, it is not known whether TV Nova has been issued a temporary broadcasting license.

Although it is not clear whether TV Nova has a broadcasting license or not, the daily newspaper Kurir has reported that TV Nova will begin broadcasting "in the following days", in accordance with "highest-quality technical and visual standards that are available only in some of the most developed countries in the world." Kurir has also reported unofficial information saying that already on 15 November the TV station will "test its operations by broadcasting a friendly football match between representations of Serbia and Russia" that is to be take place in Dubai.

For these reasons, ANEM demands that the Republic Broadcasting Agency respond to reports published by the daily newspaper Kurir and answer the following questions:

  1. Do these media reports indicate that TV Nova has already won the public contest for the national (terrestrial) coverage that the RRA had recently announced - and much earlier than the deadline stipulated by the Law on Broadcasting?
  1. Has TV Nova already received a license for cable broadcasting and is it allowed to begin operating soon, as the Kurir reports?
  1. Has TV Nova received a temporary broadcasting license, in accordance with the Article 60 of the Law on Broadcasting, taking into account the announcements of intended broadcasting of the football match that is to take place on 15 November? If that is truly the case, has the RRA established that all legal requirements have been met i.e. all conditions pertaining to distribution of TV programme (the manner in which the signal is distributed and over which infrastructure, whether a license for a radio has been acquired, etc.)
  1. If none of these license exists, are we witnessing announcements of a launch of a "pirate" television station. What steps is the RRA going to take in the case of unauthorized broadcasting?

ANEM President, Milorad Tadic

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Tue, 12 Nov 2013 16:08:57 +0100 http://www.anem.org.rs/en/aktivnostiAnema/saopstenja/story/15449/PRESS+STATEMENT+BY+ANEM+ON+THE+ANNOUNCED+LAUNCH+OF+TV+NOVA
ANEM REACTION REGARDING NUMEROUS IRREGULARITIES IN THE PUBLIC TENDER FOR ISSUING TV BROADCASTING LICENSE FOR THE TERRITORY OF THE REPUBLIC OF SERBIA http://www.anem.org.rs/en/aktivnostiAnema/saopstenja/story/15409/ANEM+REACTION+REGARDING+NUMEROUS+IRREGULARITIES+IN+THE+PUBLIC+TENDER+FOR+ISSUING+TV+BROADCASTING+LICENSE+FOR+THE+TERRITORY+OF+THE+REPUBLIC+OF+SERBIA+.html Belgrade, October 31st 2013 - ANEM is protesting because Public tender for national TV license has been announced, although, neither formal nor material conditions prescribed by the Law on Broadcastin

Belgrade, October 31st 2013 - ANEM is protesting because Public tender for national TV license has been announced, although, neither formal nor material conditions prescribed by the Law on Broadcasting, has been met.

ANEM requests from Republic Broadcasting Agency (RBA) to explain:

  • What is the legal basis for announcement of the Public tender, having in mind that Rulebook on Allotment Plan will be enetered into force on November 2nd 2013?
  • Are 21 frequencies listed in the Public Tender really enough to ensure TV signal coverage for 60% of the population of the Republic of Serbia in the way that is prescribed by the Law on Broadcasting?
  • How it is possible that Public Tender is announced also for some frequencies which are not available according to the official register of Republic Agency for Electronic Communications (RATEL), having in mind that for thoose frequencies radio-station license have been issued to the Public Entity „Emisiona tehnika i veze", with exparation date on June 16th 2015?
  • Why Public Tender has been announced also for the frequencies once belonged to Super TV from the City of Subotica, which used to be commercial broadcaster for the territory of Autonomous Province of Vojvodina and TV Zona from the City of Nis, and why Public Tender for regional and local coverage hasn't been announced for thoose frequencies, having in mind that RBA had legal obligation to announce Public Tender once frequencies become available?

ANEM warns that from the revocation of the national broadcaster license in October last year, the whole Public tender process has been followed by a number of controversies. Insistence for RBA to hold a previous unsuccessful tender jeopardized the DSO Process and even European integration of the country, which was also position of local experts and the European Commission. The latest activities of RBA threatens legal certainty, having in mind that Public Tender is announced completely opposite of the lawful procedure, and which not only fundamentally violates the media market, but also misleads future participants in the public tender since it is not clear whether they will actually get license for the national coverage.

Bearing in mind that the public has a legitimate interest to know all the details that accompany the announcement of public tender, ANEM has sent request for access to information of public importance to the RBA on October 31st 2013.

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Thu, 31 Oct 2013 09:39:46 +0100 http://www.anem.org.rs/en/aktivnostiAnema/saopstenja/story/15409/ANEM+REACTION+REGARDING+NUMEROUS+IRREGULARITIES+IN+THE+PUBLIC+TENDER+FOR+ISSUING+TV+BROADCASTING+LICENSE+FOR+THE+TERRITORY+OF+THE+REPUBLIC+OF+SERBIA+
Milorad Tadic – new ANEM president http://www.anem.org.rs/en/aktivnostiAnema/saopstenja/story/15357/Milorad+Tadic+%E2%80%93+new+ANEM+president.html Belgrade, October 25, 2013 - The Managing Board of the Association of Independent Electronic Media (ANEM) has elected Milorad Tadic as the new president of ANEM.Milorad Tadic was born in 1966 in Pozar

Belgrade, October 25, 2013 - The Managing Board of the Association of Independent Electronic Media (ANEM) has elected Milorad Tadic as the new president of ANEM.

Milorad Tadic was born in 1966 in Pozarevac. He studied at the Faculty of Dramatic Arts in Belgrade, department of organization of performing and cultural and artistic activities. He is the general manager and chief editor of the private Radio BOOM93, which he opened back in 1992 in Pozarevac. In his twenty-five years of experience in working on the radio, he has obtained valuable skills in the area of ​​management and planning in the electronic media at prestigious educational courses for editors and managers organized by the BBC, IREX and USAID. He is also one of the founders and long standing vice president of ANEM. He was also leading the Assocation as coordinator in the period from 1999 to 2001. He is the founder of the Human Rights Committee in Pozarevac (2000). From 2001 to 2006, he was a member of the managing board of the Fund for an Open Society (FOS). He is married and has two sons.

Miorad Tadic took over the place of ANEM President from Sasa Mirkovic, who has resigned due to his appointment at the position of the Assistant to Minister of Culture and Media, responsible for media. After Veran Matic from B92, Slobodan Stojsic from Radio 021, Novi Sad and Sasa Mirkovic, Tadic is thus the fourth president of the Association since its inception back in 1993. With Milorad Tadic at its head, as one of the original founders of the Association, ANEM is stepping into its third decade of operations with membership that gathers founders of over a hundred electronic media, which are strongly committed to improving conditions for the development of media and freedom of expression in Serbia.

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Fri, 25 Oct 2013 12:26:15 +0100 http://www.anem.org.rs/en/aktivnostiAnema/saopstenja/story/15357/Milorad+Tadic+%E2%80%93+new+ANEM+president
ANEM REACTS ON THE DECISION OF THE CONSTITUTIONAL COURT TO DECLARE UNCONSTITUTIONAL CERTAIN PROVISIONS OF THE LAW ON PROTECTION OF RIGHTS AND FREEDOM OF NATIONAL MINORITIES http://www.anem.org.rs/en/aktivnostiAnema/saopstenja/story/15264/ANEM+REACTS+ON+THE+DECISION+OF+THE+CONSTITUTIONAL+COURT+TO+DECLARE+UNCONSTITUTIONAL+CERTAIN+PROVISIONS+OF+THE+LAW+ON+PROTECTION+OF+RIGHTS+AND+FREEDOM+OF+NATIONAL+MINORITIES+++.html Belgrade, October 4, 2013 - ANEM welcomes the decision by the Constitutional Court of the Republic of Serbia dated 3 October 2013 which declares unconstitutional certain provisions of the Law on Prote

Belgrade, October 4, 2013 - ANEM welcomes the decision by the Constitutional Court of the Republic of Serbia dated 3 October 2013 which declares unconstitutional certain provisions of the Law on Protection of Rights and Freedom of National Minorities.

The Constitutional Court of the Republic of Serbia established at the session held on 3 October 2013 that a part of the Article 17 paragraph 2 of the Law on Protection of Rights and Freedom of National Minorities (published in "The Official Gazette of the FRY" N. 11/02 and "The Official Gazette of the RS" No. 72/09), which says that "... is also allowed to found special radio and television stations that would broadcast programme in languages of national minorities", violates the Constitution. (Case No. IUz-27/2011).

We remind that already on 28 January 2011, ANEM in cooperation with its Legal Department - the Legal Office "Zivkovic & Samardzic" - submitted to the Constitutional Court a request for judgment on constitutionality of certain provisions of the Law on Protection of Rights and Freedom of National Minorities, the Law on National Councils of National Minorities, the Law on Local Self-Government and the Law on the Capital City, all in relation to the right of "legal entities" to found media outlets, which was in direct violation of the media laws - the Law on Public Information and the Law on Broadcasting. The request pointed out that certain provisions of these laws were violating the Constitution, the accepted rules of the international law and signed international agreements, especially because of the fact that the development of the media system crucially requires establishment of a functional media market, a precondition for which is a creation of equal conditions for all its participants. In the existing circumstances, characterized by simultaneous operation of privatized and non-privatized media outlets, with unequal position in the market to the detriment of the private media outlets, this is not possible to achieve.

The Constitutional Court decided to separate the legal proceedings related to the laws on protection of rights of national minorities. Acting on the request filed by ANEM (Decision No. IUz - 27/2011 dated 12 December 2012), the Court started proceedings with the purpose of adjudicating constitutionality of the disputed provision of the Article 17 of the Law on Protection of Rights and Freedom of National Minorities, establishing that the controversial provision relates to the question whether the current legal framework allows the state to found radio and television stations apart from the public service broadcaster, established in accordance with the law. This kind of interference of the government in the exercise of the right on the freedom of expression in this case has no legitimate basis stipulated by the Article 10 Paragraph 1 of the European Convention, nor is such involvement necessary or proportionate in a democratic society.

After this decision of the Constitutional Court, it is clear that harmonization of contradictory laws should be considered a highest priority within a legal system. Therefore it is not sufficient to end the process with this provision and all similar provisions from the remaining listed laws should be removed from the legislation as soon as possible.

 

ANEM President, Sasa Mirkovic

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Fri, 4 Oct 2013 16:58:32 +0100 http://www.anem.org.rs/en/aktivnostiAnema/saopstenja/story/15264/ANEM+REACTS+ON+THE+DECISION+OF+THE+CONSTITUTIONAL+COURT+TO+DECLARE+UNCONSTITUTIONAL+CERTAIN+PROVISIONS+OF+THE+LAW+ON+PROTECTION+OF+RIGHTS+AND+FREEDOM+OF+NATIONAL+MINORITIES+++
ANEM DEMANDS THAT VACATED FREQUENCIES OF TV AVALA BE USED TO COMPLETE THE PROCESS OF DIGITALIZATION http://www.anem.org.rs/en/aktivnostiAnema/saopstenja/story/15155/ANEM+DEMANDS+THAT+VACATED+FREQUENCIES+OF+TV+AVALA+BE+USED+TO+COMPLETE+THE+PROCESS+OF+DIGITALIZATION.html Belgrade, August 9, 2013 - The Association of Independent Electronic Media (ANEM) supports the Ministry of Internal and External Trade and Telecommunication in its efforts to use the broadcasting freq

Belgrade, August 9, 2013 - The Association of Independent Electronic Media (ANEM) supports the Ministry of Internal and External Trade and Telecommunication in its efforts to use the broadcasting frequencies previously allocated to TV Avala to expedite and complete the transition from analog to digital broadcasting of TV programme.

Taking into account the today's press statement issued by the Council of the Republic Broadcasting Agency (RRA) announcing that none of the candidates has won the necessary number of votes to receive the nation-wide broadcasting license - Network K5, which practically means that the public contest has not been successful, it is ANEM's position that repetition of the public contest would not be useful and that the free frequencies should be used for the process of digitalization.

ANEM is of the opinion that the digitalization process is one of the priorities in the context of implementation of the Strategy for Development of the Public Information System of the Republic of Serbia Until 2016 and one of the key factors in successful realization of the media reform. The Media Strategy has a whole chapter dedicated to the process of transition from analog to digital broadcasting, which is great chance for all broadcasters. Participation of broadcasters in the latest trends will create conditions for offering of media services in accordance with highest technical standards, especially considering the technological benefits inherent in DVB T2 and MPEG4 standards. Aside from this, quick and successful completion of this process will ensure a higher-quality reception for citizens of the Republic of Serbia and allow them access to services that had not been available to them within analog broadcasting.

ANEM calls on the authorities to act immediately and adopt the Allocation Plan as soon as possible which will allocate the vacated frequencies for the purpose of expansion of the Initial Network for Digital Television Signal Testing, thereby allowing broadcasting of digital signal from a more transmitting locations - which is a necessary precondition for offering digital television services to more citizens.

We remind that ANEM has repeatedly warned of the negative consequences of the public contest for allocation of the vacated frequencies. Since it is now evident that the public contest has not been successful, no more time should be wasted. It is necessary to continue fulfilling the internationally accepted obligations, especially in the context of successful negotiations with the European Commission on the Chapter 10, which relates to the media and telecommunication.

ANEM President, Sasa Mirkovic

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Fri, 9 Aug 2013 17:33:51 +0100 http://www.anem.org.rs/en/aktivnostiAnema/saopstenja/story/15155/ANEM+DEMANDS+THAT+VACATED+FREQUENCIES+OF+TV+AVALA+BE+USED+TO+COMPLETE+THE+PROCESS+OF+DIGITALIZATION
ANEM STRONGLY CONDEMNS REPORT PUBLISHED BY INFORMER http://www.anem.org.rs/en/aktivnostiAnema/saopstenja/story/15073/ANEM+STRONGLY+CONDEMNS+REPORT+PUBLISHED+BY+INFORMER.html Belgrade, July 15, 2013 - The Association of Independent Electronic Media (ANEM) strongly protests against the content of the articles published in the last two issues of the daily newspaper Informer.

Belgrade, July 15, 2013 - The Association of Independent Electronic Media (ANEM) strongly protests against the content of the articles published in the last two issues of the daily newspaper Informer.

The daily newspaper Informer has published articles that in an inappropriate manner discuss the conditions of and reasons for the police protection of the editor of the news programme of TV B92, Veran Matic. The articles accuse Veran Matic of arrogance because of the expenses paid from the national budget of the Republic of Serbia for his security. In the last two issues, the Informer speculates that the editor of B92 does not need such a security at all, without providing any information about the reasons that caused the authorities to provide him police protection to this day.

ANEM points out that the estimation of security threats against any individual in Serbia, including Veran Matic, is made by the competent institutions of the Republic of Serbia, and not by the person who is under protection. After the estimation of security threats against a certain individual is made, the authorities then adopt the final decision on providing protection, including further assessments about its duration.

Veran Matic is not the only journalist or media editor in Serbia who has been placed under police protection. Apart from him, the general director of Radio-Television Serbia (RTS), Aleksandar Tijanic, the author and editor of the television show The Insider, Brankica Stankovic, journalist Vladimir Mitric and others whose lives are deemed to be under threat. We remind that the very editor of Informer, Dragan J. Vucicevic, was once protected by the police.

ANEM is extremely concerned that the reports published by the newspaper Informer intentionally imply that the persons whose security is threatened should take blame for the cost of police protection, and that Veran Matic, in this case, is described as arrogant - and not as a colleague whose life has been in danger - because of the decision made by the authorities to have him under police protection for more than two years now. This is even more so if we have in mind that it is not uncommon for journalists to be under protection for much more than two years, and that Veran Matic has pointed out several times that living under police protection is not at all enjoyable, both for him and  his family.

ANEM considers it unacceptable that Informer, instead of offering support to its colleague, sends a message that questions the protection and additionally jeopardizes the security of Veran Matic as well as the security of those who are being protected by the police at the moment or will be protected in the future. In this way, potential attackers are encouraged because the victims of attacks and threats are presented as capriciously demanding police protection, while the focus is taken away from the key issue, which is the safety of journalists. This fact is well evidenced by the murders of Milan Pantic, Dada Vujasinovic and Slavko Curuvija, attempt of murder of Dejan Anastasijevic ann frequent attacks on journalists.

ANEM reminds that a similar situation existed in the past, when journalists questioned the protection of the prime minister, Zoran Djindjic, and calls on the colleagues from the Informer to respect the estimation of security threats against Veran Matic. ANEM also calls on the authorities to inform the public on all the steps and measures taken to ensure the protection of journalists in Serbia apart from the providing police protection in individual cases.

ANEM President, Sasa Mirkovic

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Mon, 15 Jul 2013 16:03:25 +0100 http://www.anem.org.rs/en/aktivnostiAnema/saopstenja/story/15073/ANEM+STRONGLY+CONDEMNS+REPORT+PUBLISHED+BY+INFORMER
STATEMENT BY THE MEDIA COALITION ABOUT DECISION ON PUBLIC INFORMING IN THE CITY OF NIS AND THE PROCEDURE FOR PUBLIC PROCUREMENT BASED ON THE DECISION http://www.anem.org.rs/en/aktivnostiAnema/saopstenja/story/14990/STATEMENT+BY+THE+MEDIA+COALITION+ABOUT+DECISION+ON+PUBLIC+INFORMING+IN+THE+CITY+OF+NIS+AND+THE+PROCEDURE+FOR+PUBLIC+PROCUREMENT+BASED+ON+THE+DECISION.html Belgrade, June 19, 2013 - The Media Coalition - consisting of the Association of Independent Electronic Media (ANEM), the Independent Journalists' Association of Serbia (NUNS), the Journalists' Associ

Belgrade, June 19, 2013 - The Media Coalition - consisting of the Association of Independent Electronic Media (ANEM), the Independent Journalists' Association of Serbia (NUNS), the Journalists' Association of Serbia (UNS) and Local Press - sent a letter today, on 19 June 2013, to the Mayor of the City of Nis in relation to the adoption of the Decision on Public Informing in the City of Nis and the implementation of the Procedure for Public Procurement No. 404-2u/19-2013-11 Regarding Information Services of Significance for the City of Nis, which is based on the Decision.

The Media Coalition is strongly opposed to this decision and the procedure for public procurement because they:

  • Constitute intentional evasion of the government's obligations - at all levels of government - in accordance with media-related legal regulations. The decision defines the public interest in the field of public information as 'informing about the activities of the bodies of local self-government', which is a direct violation of the provisions of the Media Strategy. The procedure for public procurement also directly violates the Media Strategy, which stipulates that those who give assistance are obliged to form independent commissions that would make decisions about individual projects at public contests. Activities of these commissions must be public and transparent, and they must include competent representatives of the public, professional associations and the sector that is not financed from the budget;
  • Violate the right of the citizens to objective, unbiased and complete information. Because of definition of informing as notification of citizens about everyday activities of the local self-government, citizens will be deprived of correct and unbiased information about all important issues in their local communities;
  • Abuse the regulations on public procurement. Procurement of public information services cannot be treated as any other service procured by the city, since it is a very specific field which has strong social implications;
  • Discriminate the media outlets which are not "suitable". The message sent by this Decision is that in the future only the media that report favorably about the activities of the local self-government will have a place in the media scene of Nis;
  • Violates the Law on Advertising. Article 86 of the Law on Advertising forbids usage in advertising messages of the name, picture, voice or other personal characteristics of state officials i.e. officials from state bodies, organizations, and institutions of territorial autonomy and local self-government. For this reason, the very area of public procurement in this case is disputable from the aspect of the advertising regulations.

Taking into account all these reasons, the Media Coalition demands that the Mayor of Nis:

  1. Revoke the controversial decision, because activities that it stipulates are not related to public interest, but are intended for the purpose of promotion and propaganda of the local self-government, and because it violates media-related regulations as well as advertising regulations.
  2. Adopt a new decision, which would define the public interest in accordance with the Media Strategy.
  3. Suspend the public procurement procedure for the same reasons.
  4. Forbid usage of funds from the local budget that are allocated to public information for any other purpose than realization of public interest the area of public informing (especially if they are aimed at promoting the activities of the local self-government).
  5. Organize a new public contest for the media, but this time in accordance with media regulations and the principle of project-based funding for the purpose of realizing public interest in the area of public informing, and in accordance with the Media Strategy. The criteria for the public contest must be objective and non-discriminatory, while all its phases must be transparent. At the same time, allocation of money has to be decided by an independent commission.

Media Coalition - ANEM, NUNS, UNS, NDNV and Local Press.

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Wed, 19 Jun 2013 15:52:07 +0100 http://www.anem.org.rs/en/aktivnostiAnema/saopstenja/story/14990/STATEMENT+BY+THE+MEDIA+COALITION+ABOUT+DECISION+ON+PUBLIC+INFORMING+IN+THE+CITY+OF+NIS+AND+THE+PROCEDURE+FOR+PUBLIC+PROCUREMENT+BASED+ON+THE+DECISION
RESPONSE TO THE ESTABLISHED UNCONSTITUTIONALITY OF PROVISIONS OF THE LAW ON ELECTRONIC COMMUNICATIONS http://www.anem.org.rs/en/aktivnostiAnema/saopstenja/story/14974/RESPONSE+TO+THE+ESTABLISHED+UNCONSTITUTIONALITY+OF+PROVISIONS+OF+THE+LAW+ON+ELECTRONIC+COMMUNICATIONS.html Belgrade, June 14, 2013 - The Media Coalition - consisting of the Association of Independent Electronic Media (ANEM), the Independent Journalists' Association of Serbia (NUNS), the Journalists' Associ

Belgrade, June 14, 2013 - The Media Coalition - consisting of the Association of Independent Electronic Media (ANEM), the Independent Journalists' Association of Serbia (NUNS), the Journalists' Association of Serbia (UNS), the Independent Journalists' Association of Vojvodina (NDNV) and Local Press - welcomes the decision of the Constitutional Court of the Republic of Serbia to pronounce unconstitutional certain legal provisions of the Law on Electronic Communications related to the access to retained data, which had already proved controversial during the procedure of adoption of the Law.

The Constitutional Court has decided that the article 128 paragraph 1, article 128 paragraph 5, and article 129 paragraph 4 of the Law are unconstitutional. These articles describe access to retained data without decision by a court, as well as the authorization of the relevant ministry to more closely regulate requests for retained data using subordinated regulations.

We remind that the constitutionality of these provisions was already disputed during the process of adoption of the Law on Electronic Communications three years ago, in June 2010.

The problem was related to inconsistent and incoherent legal framework regulating the issue of retained data. The retained data is information about communication that is not related to the content of the communication. Most of all, this information describes the following: source of communication; destination of communication; beginning, duration and end of communication; type of communication; identification of the users' equipment; location of mobile users' equipment. Using the example of telephone communication, this information describes the caller's number; the called number; time of the beginning and end of the telephone call; duration of the telephone call; the device that is used in communication (the type of mobile phone); as well as the geographic location of the telephones used in communication.

The disputed provisions were violating the procedural guarantees stipulated by the Article 41 of the Constitution of the Republic of Serbia, which states that any deviation from the inviolability of secrecy of letters and other forms of communication is allowed only for a certain time and on the basis of a court decision, if necessary for the purpose of criminal proceedings or protection of security of the Republic of Serbia, in accordance with law.

The Law on Military Intelligence Agency (VOA) and the Military Security Agency (VBA) and the Law on Criminal Proceedings were stipulating exceptions to the rule that retained data can be accessed only on the basis of a court decision. The Constitutional Court decided in June 2012 that certain provisions of the Law on VOA and VBA were unconstitutional. These provisions had stipulated that retained data could also be accessed on the basis of a directive issued by the director of the Military Security Agency or a person authorized by him/her. According to the new decision by the Constitutional Court, certain provisions of the Law on Electronic Communications are unconstitutional because they did not stipulate a procedural guarantee i.e. access to retained data only on the basis of a court decision. Aside from this, the decision denies the competent ministry in the field of electronic communication to more detailedly regulate the area of retained data by adopting subordinate legal regulations.

This decision of the Constitutional Court has several consequences. First of all, it is beyond dispute that security services, defense institutions and internal affairs bodies will be allowed to access the retained data only on the basis of a court decision. Next, all issues related to retained data have to be regulated by laws and not by subordinate regulations. At the same time, these two decisions will have to be followed by a similar decision that will establish that certain provisions of the Law on Criminal Proceedings violate the Constitution. Additionally, the subordinate legal regulations being prepared by the Ministry of Foreign and Internal Trade and Telecommunications, which is intended to regulate the equipment and software support required for legal interception of and access to information, will have to be withdrawn from the adoption procedure since it now lacks a legal basis for adoption. This subordinate legal regulation - which has already been withdrawn from the adoption procedure several times at the request of the Commissioner for Information of Public Importance and Personal Data Protection and the Ombudsman - will be allowed to only regulate technical specifications of the equipment used by providers to enable legal interception of communication (the content of communication), while retaining of information will have to be regulated by amendments to the Law on Electronic Communications.

We remind that the Media Coalition actively supported the request to decide the constitutionality of the Law on Electronic Communications submitted in 2010 by both the Commissioner for Information of Public Importance and Personal Data Protection and the Ombudsman, because the disputed legal provisions were violating not only the privacy of citizens, but also the confidentiality of journalists' sources of information, as was pointed out in the publication entitled "Serbian Media Scene VS European Standards".

The Media Coalition calls on the Constitutional Court to also pronounce unconstitutional the disputed provisions of the Law on Criminal Proceedings, so that the principle of procedural guarantees from the Article 41 of the Constitution of the Republic of Serbia would be consistently applied in all laws that regulate the access to retained data.

The Media Coalition - ANEM, NUNS, UNS, NDNV and Local Press.

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Fri, 14 Jun 2013 18:43:12 +0100 http://www.anem.org.rs/en/aktivnostiAnema/saopstenja/story/14974/RESPONSE+TO+THE+ESTABLISHED+UNCONSTITUTIONALITY+OF+PROVISIONS+OF+THE+LAW+ON+ELECTRONIC+COMMUNICATIONS
MEDIA COALITION: TO CHANGE COMPETITION FOR CITY OF NIS http://www.anem.org.rs/en/aktivnostiAnema/saopstenja/story/14882/MEDIA+COALITION%3A+TO+CHANGE+COMPETITION+FOR+CITY+OF+NIS.html Belgrade, June 3, 2013 - The Media Coalition is concerned about the wording of the competition "Tender for providing service of information relevant to the City of Nis", which has put media

Belgrade, June 3, 2013 - The Media Coalition is concerned about the wording of the competition "Tender for providing service of information relevant to the City of Nis", which has put media in an unequal position, because it is not in line with the Strategy for Development of Public Information of the Republic of Serbia until 2016.

The aforementioned call of the City of Nis has given "daily newspapers" a preferential position in comparison to all other media.

Also, the competition requirements raise doubts that they are adapted to a small circle of media. In addition, the competition specifies that the sole criterion for allocation of funds would be "lowest offer", which seriously lays on the line the quality of the media.

Another problem is the fact that the competition has foreseen the funding for reporting on "daily activities" of the mayor, councilors, city institutions and agencies ... although the Media Strategy provides for project financing. The Strategy envisages that the criteria for evaluating projects give particular preference to the importance of the project for the achievement of public interests, its contribution to the diversity of media content and the plurality of ideas and values, valid argumentation of the project and adequate budget specifications, coordinated and justified from the perspective of the planned project activities, as well as the sustainability of the project.

It is also required that independent commissions be established by donors of support, when deciding on projects on public competitions. The work of the commissions shall be open to the public, and they will be comprised of competent representatives of the public, professional organizations and sector that is not financed from the budget.

The Media Coalition calls for immediate change of the competition requirements and their alignment with the Media Strategy. The Coalition believes that the current wording of the call may significantly affect relations in the media market in Nis, which is contrary to the public interest and the right of the public to be informed.

We recall that it was only after the intervention of the Media Coalition back in March 2013 that the Nis City Council amended the text of the Decision regarding the public information of importance to the City of Nis, in the part concerning putting print media in the privileged position at the expense of other media.

The Media Coalition, composed of:

Independent Journalists' Association of Serbia - NUNS

Journalists' Association of Serbia - UNS

Association of Independent Electronic Media - ANEM

Independent Journalists' Association of Vojvodina - NDNV

Association of Independent Local Media - Local Press

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Mon, 3 Jun 2013 11:11:57 +0100 http://www.anem.org.rs/en/aktivnostiAnema/saopstenja/story/14882/MEDIA+COALITION%3A+TO+CHANGE+COMPETITION+FOR+CITY+OF+NIS
Obstruction of public discussion on the Draft Law on Public Information http://www.anem.org.rs/en/aktivnostiAnema/saopstenja/story/14588/Obstruction+of+public+discussion+on+the+Draft+Law+on+Public+Information.html Belgrade, March 15, 2013 - The Independent Journalists' Association of Serbia, the Independent Journalists' Association of Vojvodina, the Association of Independent Electronic Media and Local Press wa

Belgrade, March 15, 2013 - The Independent Journalists' Association of Serbia, the Independent Journalists' Association of Vojvodina, the Association of Independent Electronic Media and Local Press warn that the debate on the Draft Law on Public Information and Media has been seriously obstructed by certain local public companies for information, devaluing this important democratic institute.

Instead being reasoned with arguments, the debate is rather carried out in an intolerant and, at times, pogrom-like atmosphere. Such an approach of some participants to the debate resulted in Nis in an inappropriate verbal assault on one of the employees of the OSCE Mission to Serbia.

By devaluing public discussion, media professionals and citizens have been denied the possibility to have the Draft Law improved and certain shortcomings and inconsistencies remedied through professional exchange of arguments, which is finally the point of these public events.

Transforming public discussion into a politically-intoned rally have drastically politicized issues related to the reform of the media, which the media associations are strongly opposing to. In this way, the media have become the subject of inter-regional disputes and political forces participating in them are using them as some kind of tool for proving the thesis on denied rights of certain regions.

Media and journalists's associations are urging the media and politicians to put an end to these forms of abuse and to instigate the creation of a constructive atmosphere to the debate about necessary changes in the media sector, in order to enable objective, truthful and timely information to citizens throughout Serbia, as well as the highest possible level of independent editorial policy.

The Independent Journalists' Association of Serbia (NUNS)

The Independent Journalists' Association of Vojvodina (NDNV)

The Association of Independent Electronic Media (ANEM)

Local Press

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Fri, 15 Mar 2013 11:15:45 +0100 http://www.anem.org.rs/en/aktivnostiAnema/saopstenja/story/14588/Obstruction+of+public+discussion+on+the+Draft+Law+on+Public+Information