IJAS: Non-transparent and Sloppy Process of Amending Law on Public Information and Media

Source: IJAS
IJAS: Non-transparent and Sloppy Process of Amending Law on Public Information and Media

Independent Journalists’ Association of Serbia (IJAS) expresses deep concern about the way the Ministry of Information and Telecommunications is implementing the process of amending the Law on Public Information and Media. This process is characterized by non-transparency, inappropriate speed and lack of inclusive dialogue, which seriously calls into question the quality and purpose of the proposed solutions.

Back in October 2023, the European Commission clearly pointed out a number of problems and gave specific recommendations for improving the Law, with an emphasis on protecting editorial independence, preventing the state from returning to media ownership and strengthening mechanisms for preserving media pluralism. Despite the reasonable deadline, the Ministry decided to start this process only in December, which resulted in hasty and superficial work of the Working Group.

IJAS specifically points to the following key problems:

  1. Limited time for analysis and discussion – Proposals for changes were delivered to the members of the Working Group too late, which prevented a quality discussion and consideration of all aspects. This undermines the democracy of the process and renders the participation of the professional public meaningless.
  2. Non-transparency – Although IJAS proposed that the work of the Working Group be fully public, the Ministry rejected this proposal, as did the majority of members in the working group. The closedness of the process encourages doubt about the motives and intentions of the decision makers.
  3. Lack of strategic approach – Key recommendations of the European Commission, such as the protection of media pluralism and editorial independence, have not been systematically addressed. Articles 39 and 41 of the Law, which allow the state to indirectly own the media, remain in conflict with the goals of the Media Strategy (goal two: Established functional, sustainable and fair media market protected from political influence).
  4. Exclusion of independent organizations and experts – Certain proposals for changes were adopted without a critical review, with the support of organizations that are openly aligned with the Government’s interests, and recent partners, credible journalism and media organizations were mostly not part of the working group, as we pointed out at the beginning of the process itself.

IJAS  reminds that transparency, inclusivity and respect for European standards is the basis for the adoption of quality legal solutions. Otherwise, the harmful consequences of bad laws will again be borne by journalists and media professionals, whose rights are already threatened.

We invite the Ministry of Information and Telecommunications to:

  •  urgently publish all comments and requests of the European Commission,
  • enable the public to see the work of the Working Group,
  • ensure sufficient time for serious dialogue and discussion on all proposed changes, as well as the involvement of independent experts and representatives of the media community.

We also remind of the recent case with amendments to the Law on Public Media Services. The Ministry of Culture, after two months of intensive work by the Working Group, imposed a draft that also contradicts the Media Strategy.

The process was terminated before the work on drafting the law was actually completed, which shows the Imposed approach of the Ministry and the ignoring of democratic dialogue. Such a way of working undermines citizens’ trust in media reform in general.

IJAS will continue to insist on laws that are in line with European standards and that will ensure free, independent and responsible journalism in Serbia.

Independent Journalists’ Association of Serbia (IJAS)

Belgrade, December 16th, 2024