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Media freedom in Serbia

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Through Privatization and European Union

Serbia is deemed "partly free" by Freedom House and ranks 93rd out of 180 countries in the 2020 Press Freedom Index report compiled by Reporters Without Borders, declining its ranking by three if compared to 2019, fourteen if compared to 2018 and 24 places if compared to 2017. In 2018, International Research & Exchanges Board described the situation in the media in Serbia as the worst in recent history, and that Media Sustainability Index dropped because the most polarized media in almost 20 years, an increase in fake news and editorial pressure on media.

Within the framework of negotiations with the European Union, the EU has requested that Serbia improve and guarantee 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.

Based on the 2011 Serbian Media Strategy, a new set of laws regulating media in the country has been adopted in 2014. It includes the Act on Public Information and Media, the Act on Public Service Media and the Act on Electronic Media.

The main novelties introduced by the Act on Public Information and Media included the obligation to carry out the privatization, by July 2015, of media which were still state-owned. Along with this, the Act also introduced a Media Registry conceived as a tool for transparency of media ownership. The Act also defines the possibility and procedures to co-finance media projects via public funds.

The Act on Electronic Media harmonizes Serbian national legislation with the standards included in the EU Audiovisual Media Services Directive in the fields of hate speech, accessibility of audiovisual services for people with disabilities and protection of minors.

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