PODGORICA, 07.03.2025. – The decision of the Police Directorate to initiate misdemeanor proceedings against journalist Brano Mandić over a well-founded satirical critique expressed in one of his columns is deeply disturbing. We believe that even initiating such proceedings poses a threat to freedom of speech, which is protected by the Constitution and laws of Montenegro, as well as by international standards on freedom of expression.
Based on a misdemeanor complaint filed by the Police Directorate, submitted by Aleksa Rečević, head of the Public Order and Peace Department in the Podgorica Security Center, the journalist will now face court proceedings for using his column to defend a colleague’s dignity from a sexist public outburst by a university professor, and for pointing out the unacceptable silence of the competent institutions in that case. Moreover, he could face jail time for this.
Mandić’s text is satire, which, according to rulings by the European Court of Human Rights, enjoys a high level of protection and allows for sharper, more polemical expression when making value judgments on controversial societal issues, particularly in the interest of initiating public debate.
Through his column, Mandić challenged the questionable behavior of a university professor — a public figure — who, unlike private individuals, is expected to tolerate a higher level of criticism.
The Code of Journalists of Montenegro emphasizes that “facts are sacred, but comment is free,” clearly distinguishing between news reporting and opinion pieces, facts and value judgments, and granting columnists greater freedom to tackle issues of public interest. Mandić’s column did not contain factual inaccuracies; it expressed a value judgment — one that others may not share, but which must be protected in a democratic society.
The application of the Law on Public Order and Peace to media content and related social media posts, as referenced by the police in the complaint, is also highly problematic and controversial. Although Article 7, paragraph 1 of the Law penalizes “insulting and rude behavior,” the European Court of Human Rights has long upheld protection for expression that may include a degree of insult, exaggeration, or provocation, provided it is fact-based and addresses a matter of public interest.
Considering the above arguments — and especially the concern Mandić himself has publicly expressed, describing the actions of the police and court as “state control and aggression” — we call on the Police Directorate to drop the misdemeanor charges and send a clear message to the public that constructive social critique is welcome and that freedom of speech is a protected value.
Action for Human Rights (HRA)
Center for Democratic Transition (CDT)
Center for Investigative Journalism (CIN)
Center for Women’s Rights (CŽP)
Center for Civic Education (CGO)
Media Institute of Montenegro (IMCG)
Media Center
Trade Union of Media of Montenegro (TUMM)