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Matic’s comments about murder trial cause heated debate

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BELGRADE, 19.07.2018. – A heated debate was held about journalism and the violation of the presumption of innocence by lawyers, journalists and judges gathered for a round table.

The controversy arose over the comments made by the president of the Commission Investigating Murders of Journalists, Veran Matic, on the trial for the murder of journalist Slavko Curuvija, Beta agency reported.

After Matic stated that he had the impression that the trial chamber in the case with some of its decisions showed a clear intention to release those accused of the murder, the High Judicial Council and the Association of Judges of Serbia reacted by assessing that he had violated the presumption of innocence, while the Belgrade Bar Association suggested changing the Criminal Code.

As the president of the Belgrade Bar Association Jugoslav Tintor said at the gathering, the idea is to “protect the rights of the defendant,” which is why he proposed introducing a new criminal act that could send officials, journalists and editors to up to three years in prison if they publish a statement or a news item that violates the right to the presumption of innocence.

“Freedom of expression is not absolute, and the right of citizens to be informed is not absolute. It must be in balance with the right to a fair trial and the right to privacy,” Tintor said at the round table held at the Association of Journalists of Serbia.

He stated that “the media making rulings” and that for this reason, “there was no chance to judge fairly in some cases” – an that journalists must be creating an atmosphere in public that no one is guilty until the court determines the contrary.

Tintor also said that journalists should evaluate credibility of statements in order to prevent the violation of the presumption of innocence, and when asked whether this includes statements made by the president and ministers, he replied negatively – “because it is enough if it is recorded with a camera or a dictation device.”

He did not agree with his colleague, lawyer Zdenko Tomanovic, who said that the assessment of the Serbian Judges Association was inadequate, describing the Bar’s proposal as “absolutely inappropriate.”

“One cannot go to jail for suspecting bad practice,” said Tomanovic, and stressed that it was the duty of journalists to shed light on all suspicious situations.

“There is no legal security without the presumption of innocence, but there is no free citizen if we do not have a free journalist, there is no healthy society without free journalists and their right to sometimes impinge upon the inviolable rights of an individual,” the lawyer said.

Tomanovic said that the political elite in Serbia is the main creator of fostering the lack of legal culture, that politics rule the judiciary, and that “the Serbian judiciary is dependent and there are only independent judges in it as individuals.”

Deputy President of the Serbian Judges Association Omer Hadziomerovic said that the freedom of opinion and expression have their limitations and that a journalist should not make blanket assessments, as the criticism must be based on facts.

“A journalist must choose their words, must take into account what effect they will have among the public, here the idea was presented that the court would release the defendants, and that in fact the court should find them guilty,” the judge said.

However, he did not explain precisely how Veran Matic had violated the presumption of innocence of the accused, since he also presented arguments in favor of his suspicion in his commentary.

Journalists Ljiljana Smajlovic insisted on a presice explanation from Hadziomerovic, but he responded in principle, after which he ultimately assessed that “everyone has the right to their own opinion and can maintain it.”

NIN journalist Vuk Cvijic assessed that he, like all journalists, should have an obligation to write about the course of the trial for the murder of Slavko Curuvija. “I expect the president of the Commission Investigating Murders of Journalists to react in such a wy,” Cvijic said, adding that it was especially problematic that a case of a murder of journalist was chosen as an example of a violation of the presumption of innocence.

In a debate with lawyer Tintor, the journalist repeatedly assessed that there was a fallacy and that this concrete case was about “the time of Slobodan Milosevic, when the state was killing.”

“The presumption of innocence is violated by the media close to the authorities, there is not even an ‘m’ of media there, journalists are threatened here, they are physically attacked,” said Vuk Cvijic.

Veran Matic was also present at the gathering, and said that he made similar assessments earlier, that they did not cause harsh reactions and that it was missing “during the daily violation of the presumption of innocence by the executive authorities.”

He recalled that in 1998 the Information Law launched “a systematic witch-hunt,” that the courts were ordering draconian penalties that led to the “cleansing of the journalistic profession.”

Matic reiterated his position – that he believed the trial chamber in charge of the Curuvija case was under pressure, but that it was “invisible” – and said that the safety of journalists in Serbia is today endangered.

“Journalists, especially those engaged in investigative journalism, are endangered safety-wise, I think that the judiciary is in serious crisis, and I think there are many reasons to work together to understand our function and our role,” said Matic.

Serbian media NGO warns of pressure on judges

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BELGRADE, 18.07.2018. – A Serbian media freedom NGO warned of possible pressure on judges in the trial of the murder of newspaper publisher Slavko Curuvija.

Curuvija, an newspaper publisher in opposition to the Milosevic regime, was gunned down in central Belgrade in 1999 following an editorial in a pro-government newspaper which accused him of treason. Four people were indicted for the killing, including the Serbian State Security Service chief.

The Slavko Curuvija foundation appealed to all journalists, media association and civil society organizations to carefully monitor the trial, claiming that there pressure might have been exerted on the court.

“The fear that the court is under pressure arose following certain rulings by the panel of judges as the trial drew to a close,” a foundation statement said, adding that the pressure “coming from people who are working for the people charged with the murder of Slavko Curuvija”.

Privodjeni novinar Mladenović podneo pritužbu protiv nadležnog sudije

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BEOGRAD, 18.07.2018. – Novinar Filip Mladenović podneo je pritužbu protiv sudije Drugog osnovnog suda u Beogradu Dragane Branković jer je protiv njega raspisala poternicu koristeći netačne podatke na osnovu koje je granična policija u Prijepolju privela Mladenovića.

U pritužbi se navodi da je sudija Branković raspisala poternicu za Mladenovićem da bi mu se uručio poziv radi prikupljanja obaveštenja u predistražnom postupku po članu 194 Krivičnog zakonika, koji se odnosi na krivično delo nasilja u porodici.

“Pošto nisam počinio nikakvo krivično delo iz navedenog člana 194 Krivičnog zakonika Republike Srbije, sudija Branković je postupila protivzakonito i neprofesionalno”, navodi se u pritužbi i dodaje se da je ovakav postupak u suprotnosti sa odredbama Zakona o sudijama i sa načelima sudijskog Kodeksa.

Mladenovića je, u noći 15. na 16. jula, u vozu koji saobraća na relaciji Bar Beograd, granična policija u Prijepolju privela pod obrazloženjem da se nalazi na poternici i uručila mu poziv radi prikupljanja obaveštenja u predistražnom postupku.

Policajci su mu saopštili da se radi o krivičnom delu iz člana 194 Krivičnog zakonika koji se odnosi na nasilje u porodici.

Nakon toga su oslobodili Mladenovića koji se potom autobusom iz Prijepolja vratio u Beograd.

U Drugom osnovnom sudu u Beogradu potom je uručen poziv za ročište u gradjanskoj parnici i saopšteno mu je da se, ipak, ne radi o krivičnom delu nasilja u porodici zbog čega je privodjen na granici sa Crnom Gorom.

“U sudu su mi rekli da se radi o ‘sistemskoj grešci’, te da je u pozivu navedeno i drugo ime ali je JMBG bio moj. Zbog toga su me i policajci priveli u Prijepolju”, kazao je Mladenović za agenciju Beta.

Selmani with a message for the Government and the opposition about the media reforms

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SKOPJE, 18.07.2018 – The National European Integration Council met yesterday in the Parliament and EU Commissioner Johannes Hahn was also there, who formally inaugurated the start of the screening process for the country’s readiness to start accession negotiations.

The President of the Association of Journalists of Macedonia, Naser Selmani, who is member of the Council as a representative of the civil sector, held a speech at the session and talked about the media reforms, the impunity for the attacks against journalists and asked from the opposition in the country not to block the Law on Audio and Audiovisual Media Services.

In addition you can read his full speech:

Dear ladies and gentlemen, dear friends from Europe,

On behalf of the Macedonian journalists, I would like to send several messages to the distinguished guests.

The first one is to Commissioner Hahn. I am glad that the awareness in the European Union that the Balkan countries are part of Europe is strengthening. The roots of European civilization are in the Balkans.

I ask from You, in the forthcoming period in the process of Macedonia’s accession to the EU, to pay more attention to media reforms. Free and professional media are the oxygen for any democracy, and the Macedonian democracy needs a lot of oxygen. Professional media is the best weapon against the abuse of power of any Government.

The second message is for the Government. There is a change in the media sector, but those changes are far from being sustainable. We as a journalist association cooperate and will continue to cooperate with you, but we must agree on several basic principles.

The policy of impunity for violence against journalists must end. The number of attacks has dropped in the past year, the police is clearing the attacks more efficiently, but unfortunately, none of the perpetrators has been brought to justice.

The MoI claims that it can not renew investigations for the old attacks on journalists that occurred in the time of the previous government because the investigations were made unprofessionally and in some cases even evidences was destroyed. If the investigations can not be restarted, then you can ask responsibility for the police officers who conducted poor quality investigations and destroyed evidence.

Do not hide behind the prosecution for the policy of impunity for the attacks against journalists. The new prosecutor was elected by the new government, you should sit and talk to him about speeding up the investigations in which journalists were victims.

Your approach to the reform on the public service is wrong. There cannot be a good reform with less money for the MRT. Last year, you reduced 40 percent of the MRT’s budget, and now you will give new three million euros with the re-balance of the budget. This confirmed our suggestion that 12 million euros annually for the MRT are not enough to strengthen its’ independence and improve the quality of the program. The funding system must be free of political influence and it must not depend on the will of the government.

The third message is for the opposition. Do not block the adoption of the Law on Audio and Audiovisual Media Services because we assure you that the proposed amendments, with the exception of the model of financing the MRT are good for the media. Your vote will decide for the election of the new governing bodies in MRT and the Media Agency because according to the law they will be voted a majority of two-thirds in the Parliament. Let this law pass because you have plenty of other laws where you can negotiate with the Government.

The last message is for my colleagues. Greater freedom means greater responsibility. In your work you should apply the principles of the Code of Journalists.

Freedom of Expression or Defamation?

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SARAJEVO, 18.07.2018.-If I had to choose a government without newspapers or newspapers without a government, I should not hesitate a moment to prefer the latter” (Tomas Džeferson 1787)

If I were to describe the first thing that comes to my mind, when it comes to defamation, it would certainly be Emile Zola, a historical figure, a reflection of a human kindness and his letter “J’áccuse” (I Accuse). “I was determined that my country should not remain the victim of lies and injustice. I may be condemned here. The day will come when France will thank me for having helped to save her honor”.

Alfred Dreyfus, a military officer of Jewish origin was found guilty of treason in 1894. Based on false evidence he was sentenced for life. In his letter, sent to the president of France, Emile Zola accused reactionary military representatives that were using false documents, so they could hide true guilty person so Alfred Dreyfus, a military officer was at the end accused of treason. Emil Zola was sentenced to one year in prison due to defamation and was fined with 3.000.00 French Francs. Also, l’Aurore director was sentenced to 4 months in prison and fined with 3.000.00 French Francs too. In order to avoid a prison sentence, Emile Zola escaped to England.

It’s been 12 years since the accusation in 1894, until the rehabilitation of Alfred Dreyfus in 1906. Zola never lived to see the end of Dreyfus affair. He was found dead on 29 Sep 1902, apparently suffocated from the chimney fumes. Was it a stupid accident? Was it assassination? We don’t know. To stand for someone, to support his views by openly expressing a will to defend him, to show the truth, to stand alone in front of everyone, assaulted, exposed, excommunicated, but on the other hand, to remain confident and certain that the truth, once it is launched, wipes out everything that lays ahead. We believe that what we do is serving the truth in the best possible way, because of freedom, equality, brotherhood, right to freedom of expression, rule of law and so on.

Similarities, from the time of Zola until today exist even today. Very few things have changed as far as a misunderstanding, accusing, punishing, threatening; even the duration of acquiring a liberating decision is concerned. And today, when journalists write that court decision had been passed, an unusual atmosphere in the community would emerge and as a result, no one, not even the journalists would feel comfortable with the invalid decision. What is the origin of comments limitation? Who and for what reason is favoring this kind of standard? Could this result in pressure upon the judiciary system? Is this opposite to democracy and etymology and is a complete ban of comments the next stage?

“Marriage cancelation, deriving from the fact that a woman was not a virgin at the moment when she decided to get married, a case which happened in France last year in Lille, when the local court decided to cancel the marriage of two French citizens of Arabic origin on 1 April 2008, resulted in enormous media and public attention as this particular case opened many sensitive issues. The cancellation was required because husband discovered that during their first marriage night, his wife was not a virgin despite the fact that, before they got married, she had presented herself as “free innocent and virgin female”. He demanded and was approved with marriage cancellation. Ministry of Justice, following the court verdict, demanded from the public prosecutor to submit an appeal accordingly.

On 17 Nov 2008, the appellation court in Doyen canceled and ruled out the Lille court decision, so the couple, at least until the County Court passes new decision, is still legally married. The canceling decision outlined that “in this hypothesis, deceit does not consist of main qualities, that is, does not contain key qualifications required for marriage canceling“. The reason why this specific case disturbed and, to some extent, upset the public, was due to the fact that the key priority considered as crucial reason in cancelling this particular marriage, Quran was given a priority; instead of favoring civil right principles, but also because of sexism based verdict (only woman must prove the loss of virginity, although the dissatisfaction is seen as exclusive loss for men only; therefore there was no sexism issue present here).

The verdict imposed another obligation within this marriage; a retroactive fidelity, which is considered as rather uncommon comparing to current and modern-day ideas. Finally, the verdict was in contrast with the French Law (without unnecessary analyzing) as this was the only issue in this case. The question was whether we could comprehend the meaning of “main qualities” of a personality and this is actually a well – known discussion, where, despite the dark zone, there is yet another belief: this is public consciousness and awareness, which limits everything the qualities of personalities of future couples in France (in 2008)3 . This case witnessed about the scope of the length of both public and journalists, that managed to inform the public about the court’s decision outcome. Would anyone have been informed that the court approved the cancellation, instead of marriage divorce, which would represent the only way to cease this marriage if it was not courtesy of journalists that managed to reveal the case, post its content and make comments about this issue?

The public would have never found out that the marriage had been canceled due to misleading (in terms of a virginity) of a married person. Today, when we have values, defined by the European Convention on Human Rights and Freedoms, the right to freedom of expression in society, is always being subject to tests. Just to refresh our history knowledge, ever since the French Revolution, when the Declaration on Human and Civil Rights from 1789 was passed, Article 11 defined the existence of freedom of opinion and attitudes and that this was one of the most precious human rights; any citizen is entitled to speak, write and publish freely unless these freedoms and liberties are misused in cases defined by the law. An increasing number of defamation charges may indicate that we do live in a “sensitive” society, where the largest number of damaged persons include public figures that do not recognize personal responsibility and readiness for public critics and figures that attempt to revive broken or loss reputation during the court procedures, including their reputation, through compensational claims which they consider as some kind of limited and partial satisfaction.

Often, the appealing claims are very high and unbalanced with European court practice. After World War II, our court practice did not accept compensations of non-property damages caused by honor violation and this was in accordance with common views in regard to this issue at the time. “Violation of honor”, as defined in the decision passed by the High Court of Serbia from 1949, “may serve as the fundament for compensation only if the violation caused the damage, namely if the material damages derive from the violation. Considering that defamation compensational claims in form of money, it would be interesting to reach the statistic during last ten days, whether any compensational claim reach the amount of BAM 1.00 or some other symbolic minimum and whether the damaged party refused to accept the money for the benefit of the third party, as some usually like to announce.

During the seminar covering the topic freedom of expression, ethical standards, free and responsible journalism and good judiciary implementation, many problems were outlined that professionals encounter during their work and the decisions based on defamations by journalists. Unacquaintance of journalism forms, insufficient knowledge of European Court for Human rights practice, obeying the decisions or innocence presumption, as well as good preparation of journalists in civil and law procedure, altogether represent basic and fundamental problems upon which these procedures are lead.

The fact that there is not enough will to have these problems solved in mediating procedures, through the implementation of ethical and professional standards and that it is necessary to advance the cooperation between journalists and lawyers with the purpose of between legal aid and protection for journalists. Due to easier access to defamation cases, it is concluded that there is a necessity for handbook with real cases and verdicts, including the advancement of cases evidence, but also devotion to more attention to the online field, including comments on social media, court practice balancing in our local courts etc.

In any event, future handbook should contain new decisions passed by the Constitutional Court of BiH, since they could improve journalists’ position during the procedure, just as one of their decisions, which outlined that the proof which journalists failed to prove cannot be proved invalid, instead the proof must be considered in context of standards established by the Law on Protection against Defamation and Article 10 EKZLJP (status of suitors, public interest, acceptable critics etc.

This text is a part of E-Bulletin–the first edition of the special serial of BHJ online bulletin implemented as part of the following project: Reinforcing Judicial Expertise on Freedom of Expression and the Media in South-East Europe (JUFREX). 

SĆF: Bojazan da postoje pritisci na sud, javnost da budno prati suđenje za ubistvo Slavka Ćuruvije

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BEOGRAD, 18.07.2018. –Proteklih dana u javnosti se vodi oštra debata o pravu pojedinca, u ovom slučaju Verana Matića, predsednika Komisije za istraživanje ubistava novinara, da javno komentariše tekući sudski postupak – konkretno, suđenje za ubistvo Slavka Ćuruvije – i ocenjuje rad postupajućeg sudskog veća.

Slavko Ćuruvija fondacija ističe da je neotuđivo pravo svakoga da o toku sudskog postupka ima svoje mišljenje, kao i da to mišljenje javno saopšti i argumentuje, dok god time ne povređuje pretpostavku nevinosti optuženih i ne ostvaruje neprimereni uticaj na tok i ishod sudskog postupka.

Verujemo da je upražnjavanje ovog prava naročito značajno u slučajevima od snažnog interesa za javnost – a suđenje za ubistvo novinara to svakako jeste – i naročito u trenutku kada se postupak bliži kraju, a određene odluke sudskog veća, zbirno sagledane, ostavljaju prostor za bojazan da ono jeste izloženo pritiscima, ali ne od strane Verana Matića, već onih koji rade u korist optuženih za ubistvo Slavka Ćuruvije.

U tom smislu, smatramo da odluke da se dvaput zaredom iz postupka izuzme deo zapisa sa baznih stanica mobilne telefonije, koji pokazuju gde su bili i s kim su razgovarali optuženi na dan ubistva Slavka Ćuruvije (odluke je naknadno osporio Apelacioni sud, pa su ovi dokazi na kraju ipak vraćeni u postupak), te da se ključni svedok optužbe, policajski inspektor Dragan Kecman, sasluša u gotovo tehničkom svojstvu, bez prilike da govori o otkrićima koja su i dovela do podizanja optužnice, izazivaju razumljivu frustraciju i uznemirenje u javnosti i narušavaju ionako krhko poverenje građana u pravosudni sistem. Ovo je posebno slučaj kada se uzme u obzir da suđenje bez vidljivog razloga traje već više od tri godine, da su u mnogo navrata ročišta razvlačena nepotrebno detaljnim ispitivanjima svedoka koji ništa novo nisu rekli, te da je sasvim očigledan izostanak napora državnih organa da privedu pravdi Miroslava Kuraka, četvrtog optuženog za ubistvo Slavka Ćuruvije.

Osim za pravičan ishod ovog suđenja, Slavko Ćuruvija fondacija jednako je zainteresovana za izgradnju institucija koje će omogućiti bezbednost svim novinarima u Srbiji, i snažno podržava Ustavom i zakonima garantovanu nezavisnost suda. Istovremeno – iz istih razloga – apelujemo na novinare, medije, novinarska udruženja, organizacije civilnog društva da budno prate završnicu suđenja i redovno i odgovorno izveštavaju javnost o tome.

Serbian journalist’s car tampered with

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ZAJEČAR, 17.07.2018. – Serbian journalist Dusan Vojvodic expressed conceren on Monday over the fact that someone tampered with the wheels on his car for the second time in as many years.

Vojvodic, owner of the Za Media production in the town of Zajecar said the same thing happened two years ago when the bolts on the right wheels fell off. “An identical thing happened now and that leads me to conclude that this was done by the same person,” he told the Beta news agency.

Vojvodic noticed unusal thumping sounds from the wheels of his car while driving home from Belgrade. He stopped at a local garage where a mechanic found that the bolts on the wheels had been tampered with.

Vojvodic believes this happened because of his reporting on local issues in Zajecar.

Novinar Filip Mladenović greškom privodjen u Prijepolju pod lažnom optužbom

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BEOGRAD, 17.07.2018. – Novinaru iz Beograda Filipu Mladenoviću je u Drugom osnovnom sudu u Beogradu uručen danas poziv za ročište u gradjanskoj parnici i saopšteno mu je da se, ipak, ne radi o krivičnom delu nasilje u porodici, zbog čega je ranije privodjen na granici sa Crnom Gorom.

Mladenovića je, u noći 15. na 16. jula, u vozu koji se saobraća na relaciji Bar Beograd, granična policija u Prijepolju privela pod obrazloženjem da se nalazi na poternici i uručila mu poziv radi prikupljanja obaveštenja u predistražnom postupku.

Policajci su mu saopštili da se radi o krivičnom delu iz člana 194 Krivičnog zakonika koji se odnosi na nasilje u porodici.

Nakon toga su oslobodili Mladenovića koji se potom autobusom iz Prijepolja vratio u Beograd.

“U sudu su mi rekli da se radi o ‘sistemskoj grešci’, te da je u pozivu navedeno i drugo ime ali je JMBG bio moj. Zbog toga su me i policajci priveli u Prijepolju”, kaže Mladenović za Betu.

On je dodao da je zbog nečije nepažnje pretrpeo maltretiranje zbog nasilnog silaska iz voza, privodjenja i potom višestanog putovanja do Beograda. Najteže mu je, ipak, bilo zbog sumnje da se protiv njega vodi istraga zbog nasilja u porodici.

“Ovakva situacija je nedopustiva u svakoj pravnoj državi. Da li zbog nečijeg nemara sada svi gradjani Srbije treba da strepe pri prelasku granice? Sud i policija moraju da nadju načina da privode pravdi one koji odbijaju da prime sudske pozive, a da se pritom ne dešavaju situacije poput ove, u kojoj stradaju nedužni ljudi”, rekao je Mladenović.

(In)dependence of non-profit media

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PODGORICA 17.07.2018. – Even though non-profit media are free from government influence and business and are leaders of pluralism in today’s societies, they still haven’t managed to completely achieve sustainability and be a true alternative to public and commercial media. In post-Yugoslav countries civil society media model isn’t too widespread, nor is there a system that would enable stable financing and journalists’ undisturbed work.

That model is somewhat present only in Croatia, because during several years a budget was set for the work of non-profit media, first through a program of National Foundation for Civil Society, and then through jurisdiction of Ministry of Culture. However, with the change of government and arrival of HDZ came serious difficulties, so now financing of non-profit media has been brought to a halt in this country, too. Due to lack of funds, the media were forced to perform crowdfunding campaigns or stop working. The importance of existing of this kind of media in countries facing polarized media scene, increase of fake news, editorial pressures on media and bad economical situation is described in Dinko Gruhonjić’s book “Civil Society Media – Instructions for Use” published by Independent Journalists’ Association of Vojvodina.

“They are very significant for minority, multi-lingual, regional and local media, but they are also the only media model that can efficiently fill in the gaps in informing on a local or regional level, after shutting down of many media following sloppy privatization. Therefore, it is necessary to constantly work on encouraging the journalists, who are either lost their jobs during controversial privatizations or don’t want to be pressured by censorship, to found civil society media and to learn about ways to provide sustainability of such media. (…) Such media, unlike commercial and political party driven media, have an agenda dedicated to public interest in the sphere of public informing, which is one of key things for the process democratization of the country but also for preserving of basic values of journalism as a profession, although with limited reach.”

The limited reach is exactly where a part of the problem is. Their survival in Serbia, Kosovo, Bosnia and Herzegovina, Macedonia but also in Montenegro, is largely based on project financing that enables them to survive for a while. That’s why in case of civil society media, it can hardly be spoken about traditional, daily journalism, but also about a safe job with all working rights of journalists provided.

FEW EMPOLYEES, A LOT OF WORK

Journalists working in non-profit media often have part-time contracts with no social security provided, yet they work even more than eight hours a day. Along with journalism work, they write projects and do all other administrative duties typical for NGOs. Civil society media in Serbia usually have a few employees and are focused on certain topics. Some of the journalists who were either forced to or willingly decided to leave public sector and commercial media, decided to try and continue to do their job through non-profit media. More often than not, they are based on founder’s passion and enthusiasm.

“For us, the killing of local media was an incentive to start our own thing. At first it worked, but we meanwhile realised that we also need to make a living. The media outlet is still working, the crew has been changing, but there are always a couple of people who are doing the main work. However, it’s impossible to make a living this way. Some of our projects were successful, but that’s not even close to enough for a decent life. That’s why we are forced to take jobs unrelated to journalism. For example, during the day I do administrative work for a company and then when I come home in the evening – I write. It’s questionable how long this can be viable,” says a non-profit media journalist who preferred to stay anonymous.

The situation in Macedonia isn’t any better. Only a part of the portals has a professional approach to journalists: workers’ rights are completely respected, they have decent salaries, regulated service and other operative expenses guaranteed by law, but working conditions are semi-professional, considering many of those portals’ practice of working in rented apartments.

“According to the syndicates and professional associations, workers’ rights in internet media are at the lowest level in media industry. Regarding organising syndicates in internet media, things here are worse, so much so that it’s hard to compare them to mainstream media” syndicates from Macedonia say. In online media in this country, there are certain specificities that differ from classic journalism, because people who work there aren’t necessarily physically present in redactions, they work mostly based on copyright agreement, and are usually in precarious position. “They don’t have security and can’t fight for their rights because some of them don’t actually have a job, but a temporary engagement which, as the syndicate was informed, ends via text message,” says Tamara Čausidis, the President of Macedonian Union of Journalists and Media Workers.

A young journalist who has worked for several influential portals during the course of six years, talks about the experiencing exploitative behaviour of the owners who are renowned journalist with years of experience. “Ever since I’m a journalist, I haven’t been compensated for overtime, weekends or holidays. If you are on site, you’re on call all day long. I spend 18 hours at the computer. Workers’ rights are not respected, and we don’t even know them. We feel we are being exploited.”

UNCLEAR MANAGER – EDITOR BORDER LINE

Similar problems are faced by non-profit media journalists in Bosnia and Herzegovina, who point to the lack of clear separation between the roles of managers and editors, which can largely influence journalists’ independence.

“In the meetings meant for exchanging ideas and opinions between journalists, non-profit media managers show up, so it’s hard to define their position in such moments,” says one of the journalists from Bosnia and Herzegovina. That problem is also recognised by the journalists in Serbia. They think there is no inner understanding of those who work in civic sector for journalists and their profession. NGO management often meddles in redaction work, or the journalists are expected to do other jobs completely unrelated to their profession. According to the people we spoke to, even when media outlets are managed by respected, independent journalists, redaction decisions come from the top. “Most of our media outlets, at least the ones labelled as “independent” are extremely hierarchy-oriented and the topics you would cover often wait a decision from the “top” – of course, not political, but of editors/owners,” says one of the journalists who used to work for several non-profit media. In case of problems with management and editorial board, non-profit media journalists have no one to turn to for protection. “In non-profit media it is very important that in high positions, such as director or editor, are people adequate for such positions,” says a journalist who left a non-profit media outlet after being a victim of mobbing, just like her numerous colleagues.

The people we talked to, however, think that non-profit media can often afford complete independence from domestic political elite and hence are protected from economic pressures coming from the advertisers.

“In private media the owners are acting as if they were Gods – I had the luck to stay in private sector only for a very short time, so I wasn’t exposed to those who call all the shots for too long… Non-profit media are maybe in the best position because they attract quality professionals, so there’s both the money and the opportunity to specialize the media for what’s missing in public or private media – from investigative journalism to factchecking,” says Aleksandar Brezar, who, in his two-decades-long career, had the opportunity to work for private, public and non-profit media.

JOB INSECURITY

Unlike Bosnia and Herzegovina, where there are donations for civic sector media and where non-profit media journalists often earn more money than employees in public or commercial media, Montenegro rarely has donations for this field. Furthermore, the law doesn’t even recognize these media. Institutions in that country are still following old regulations that this segment of media recognizes as electronic publications, and no specials funds are being appointed for their work. Besides this issue, non-profit media journalists we spoke to, who are very rare in this country, say that they face the same problems as their colleagues from public or profit sector.

“Both have low income (with few exceptions), both are struggling to get to information guarded by Cerberuses of particular interests, both have insecure and unappreciated jobs,” says Duško Vuković, founder of PCNEN (Prve crnogorske nezavisne elektronske novine – First Montenegrin Independent Electronic Newspaper).

However, freelance journalists or the journalists working in non-profit media in Kosovo have a status of “the only real journalists in the country” and such position led them to not being able to develop or expand their work. They mostly manage to achieve good and efficient coverage of some topics, and nothing or very little about other important issues, thus not providing regular and complete reporting about events and political activities in the country. Furthermore, in this country, as well as in other ex-Yugoslav countries, non-profit media are condemned for being too much like think tanks or other civic society organizations. The reason for this is that, like most NGOs, they are often involved in projects focusing on monitoring, research and analysis, failing to turn it into “journalistic content”.

“I was hired as a journalist in a media outlet. Because of my good command of English – even though my media outlet doesn’t publish in English – I was in charge of covering a trial conducted during European Union Rule of Law Mission in Kosovo. At first, I found it very interesting. Then I realised that I was in fact there to watch, and not as a journalist. I wasn’t given much space to do interviews, but they wanted me to write reports about trials. I even sometimes had to write reports for donators,” said an employee of a non-profit NGO media outlet from Kosovo.

HOW TO STRENGTHEN THE MEDIA

Despite shortcomings of non-profit media in all EX-Yugoslav countries, most people we talked to while doing this research say that they wouldn’t want to work in commercial or public media. As much as the situation may not be great, still the salaries, working conditions, dedication and quality can hardly compare to traditional media. Besides, every society that cares about larger space for every person’s freedom, should encourage media pluralism, provide environment where media scene can be developed and where civic society media will ensure stable financing and thus perform its role.

This article has been published as part of the “Real Voice of Journalism’’ project. The project is funded by the European Union through the small grants programme “Protecting Media Freedom and Freedom of Expression in the Western Balkans” implemented by the Croatian Journalists’ Association as part of the regional project “Western Balkan’s Regional Platform for Advocating Media Freedom and Journalists’ Safety”, which is carried out through the partnership of six regional journalists’ associations – Independent Journalists’ Association of Serbia (IJAS)Association of BH Journalists (BHJ)Croatian Journalists’ Association (CJA)Association of Journalists of Kosovo (AJK)Association of Journalists of Macedonia (AJM), and Trade Union of Media of Montenegro (TUMM).