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SMCG: Change the Law on Media and Law on Electronic Media

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PODGORICA, 23.01.2018. – Today, on the occasion of the Day of Journalists of Montenegro, the Trade Union of Media of Montenegro (SMCG) submitted amendments to the media laws to all MPs in the Parliament of Montenegro.  SMCG asked for amendments to the Law on Media and Law on Electronic Media.

SMCG action was supported by the European Federation of Journalists (EFJ), Ethical Journalism Network (EJN), Kosovo Journalists’ Association and journalists trade unions from Croatia and Serbia.

SMCG President Marijana Camović, at the press conference held in front of the Parliament, pointed out that Montenegrin journalists work in an environment of censorship and auto censorship, and that their articles must “follow the line” of the media in which they are employed. She added that, alongside with this, 67% of journalists which participated in SMCG research, believed that their economic position weakened, comparing to 2016, and that more than 50% of media employees has salary less than 500 euros which is below the national average.

“Because of all of this, we asked from MPs to amend the Law on Media in order to partially improve the situation”, said Camović.

dan novinara sindikat medija Foto BORIS PEJOVIC

SMCG proposed that new Law on Media should contain provisions that would protect the dignity of journalists and guarantee freedom of work, thus contributing to improvement of media professionalism in achievement of their public function. The introduction of the right of journalists to reject editor’s order under certain conditions was proposed, as well as that without consultations with an author of an article, its content cannot be substantially changed. It was also proposed that media founders should take care of costs of court proceedings in lawsuits initiated due to published articles since currently we have situations in which media leaves a journalists to deal with disputes by him/herself and bear the costs of proceedings.

“SMCG requests from municipalities, which are founders of local public broadcasters, to determine the minimum amount of the annual budget for financing of those media, in order to finally ensure their sustainability. What happened at the end of the last year in Pljevlja Radio-Television, when our colleagues went on strike for more than a month due to five owed earnings, should not be repeated”, said Camović.

She emphasized that municipalities should not force people to strike, owe them, who knows how much, earnings and contributions and pretend as non-responsible for that situation. If they want to have a local media – they must allow it to work freely, they should not threaten it with bankruptcy or dismissal because employees were not the ones who brought media to this situation.

dan novinara sindikat medija Foto BORIS PEJOVIC

SMCG’s amendments to the Law on Media and Law on Electronic Media are strongly supported by the European Federation of Journalists (EFJ) stated its representative Mehmet Koksal, who is in his visit to Montenegro.

“To rebuild trust in journalism, it is important to support responsible journalists and protect their working conditions. It’s important that support initiatives to develop a sustainable model for financing local media in Montenegro and it’s the role of the lawmakers to guarantee that journalists and media workers are properly protected to do their job for the public’s right to access information”, said Koksal.

He said that in the age of electronic media and to combat fake news, the authorities should also work with SMCG to rebuild trust between the public and journalists and this relation can be improved by supporting the editorial independence of media professionals and by protecting the content produced by journalists.

Konferencija: Pritisci na medije postoje, novinarstvo da ojača svoju poziciju

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BEOGRAD, 20.01.2018. – Potpredsednik Nezavisnog udruženja novnara Srbije (NUNS) Dragan Janjić ocenio je danas u Beogradu da su formalni (fizički) pritisci na novinare smanjeni, ali da oni postoje u drugim oblicima…

Potpredsednik Nezavisnog udruženja novnara Srbije (NUNS) Dragan Janjić ocenio je danas u Beogradu da su formalni (fizički) pritisci na novinare smanjeni, ali da oni postoje u drugim oblicima.

Na skupu “Sloboda medija i bezbednost novinara u 2017. godini”, u organizaciji NUNS-a, Janjić je rekao da su protiv novinara prošle godine vođeni sudski procesi i to brzo i operativno, a da je prisutan i porast napada vlasti na medije i “crtanje meta” novinarima.

“Takvi trendovi postoje i u svetu. Kod nas je 1990-ih bilo kako je bilo, medijske slobode su bile sužene, ali su u svetu stvari bile drugačije. Nije bila situacija kao sada da se svetski državnici obračunavaju sa novinarima”, rekao je Janjić.

On je rekao da novinari u Srbiji pružaju otpor i da se bore za prava svih da postavljaju pitanja i da će se medijska udruženja boriti da u medijima bude višeglasja.

Šef misije OEBS-a u Srbiji Andrea Oricio rekao je da je pred novinarstvom dilema o njegovoj budućnosti da li će interpretirati činjenice, stavljati ih u kontekst i proveravati izjave nosilaca javnih funkcija, da li će se uključiti u demokratski proces ili biti zabavljači.

On je rekao da novinarstvo treba da ojača svoju poziciju jednog od “stubova demokratije”.

Govoreći o medijskom okruženju, Oricio je kazao da mediji rade u novom radnom okruženju, pre svega u tehnološkom smislu, da su sve polarizovaniji pogledi na novinarstvo i da postoji sve veća stigmatizacija novinara. “U interesu zemlje je da doprinese medijima da doprinesu demokratskoj debati”, rekao je Oricio.

Institutions do not punish violators that attack journalists

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SKOPJE, 22.01.2018 – The Association of Journalists of Macedonia today in Skopje, presented Report for the Indicators for the degree of media freedom and the journalists’ safety for the year 2017.

President of AJM Naser Selmani said that in the last year in Macedonia journalists were blackmailed, persecuted, beaten, received death threats, they were declared as traitors, etc. “Violators attack journalists physically and verbally because they want to intimidate and silence them, in order not to reveal the truth about the unlawful behavior of the Government,” he said.

According to the report, last year in Macedonia 18 attacks against journalists were registered, out of which 13 were physical and verbal attacks, while the others were insults, interfering in the work and destruction of properties.

Selmani also expressed concern that the Public Prosecution has so far failed to fill charges in front of the Courts, for violence against journalists and hate speech. “The well-known triplets of VMRO-DPMNE, which carried out campaigns of insulting and intimidating journalists, remain unpunished,” Selmani said.

Despite the lack of safety at their work place, journalists in Macedonia are working under extremely poor conditions. They have small and irregular wages, and they do not have contracts for permanent employment, which negatively affects their professional independence.

In the report is noted that the media legislation in Macedonia is not fully in line with the best European practices and in the last year did not have any improvements.

This publication has been produced with the financial assistance of the European Union. The contents of this publication are the sole responsibility of the Association of Journalists of Macedonia and its authors, and can in no circumstances be regarded as reflecting the position of the European Union.

NUNS: Ugrožena bezbednost Dragana Janjića

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BEOGRAD, 21.01.2018. – Nezavisno udruženje novinara Srbije (NUNS) zahteva od nadležnih organa da, u skladu sa zakonom, preduzmu sve mere protiv pojedinaca koji na društvenim mrežama otvoreno pozivanju na linč Dragana Janjića, potpredsednika NUNS-a i glavnog i odgovornog urednika novinske agencije BETA.

NUNS smatra da je direktno ugrožena bezbednost Janjića  jer se na pojedinim fejzbuk stranicama nude podaci o njegovoj adresi stanovanja.

Indikatitvno je, takodje, da je hajka pokrenuta sponzorisanim postom  što govori da se radi o organizovanoj  kampanje protiv Dragana Janjića.

NUNS smatra da je za ugrožavanje bezbednosti  Dragana Janjića saodgovoran i Aleksandar Vučić, predsednik Srbije, koji je na konferenciji za medije, nakon ubistva Olivera Ivanovića, prozvao, izmedju ostalih i Janjića.

Direktan povod za pretnje Janjiću bila je njegova ocena da je ubistvo Olivera Ivanovića politički motivisano.

Izvršni odbor NUNSa

Vrhovni sud oslobodio novinare po tužbi Milanovića

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BEOGRAD, 19.01.2018. – Vrhovni kasacioni sud preinačio je odluku Apelacionog suda i doneo oslobađajući presudu u procesu koji je nekadašnji direktor RTS Dragoljub Milanović vodio protiv B92, glavnog urednika te kuće Verana Matića i novinara Nikole Radišića.

Milanović je podneo tužbu za povredu časti i ugleda, zbog priloga u kome je navedeno da je “žrtvovao 16 radnika RTS” u bombardovanju zgrade državne televizije 1999. godine.

Presudom Višeg suda tuženi su oslobođeni odgovornosti, ali je Apelacioni sud u Beogradu takvu odluku poništio i preinačio je, smatrajući da Dragoljub Milanović nije bio javna ličnost u vreme emitovanja priloga, te ne podleže delu Zakona o informisanju koji predviđa da javne ličnosti moraju da trpe viši nivo kritike.

Vrhovni kasacioni sud je nakon žalbe koju su podneli pravni zastupnici B92, Matića i Radišića, doneo odluku da su prilog i novinarski komentari bazirani na pravosnažnoj sudskoj odluci kojom je Dragoljub Milanović “oglašen krivim za krivično delo protiv opšte sigurnosti koje je za posledicu imalo smrt 16 radnika RTS, a koje je izvršeno sa eventualnim umišljanjem”.

Vrhovni kasacioni sud smatra da je vrednosni sud novinara, da je Milanović “žrtvovao” 16 radnika RTS, zasnovan na osnovu istinitih iskaza iz pravosnažne sudske odluke i da nema povrede prava na čast i ugled.

Presuda podrazumeva i da će Dragoljub Milanović morati da vrati novac koji je dobio na ime naknade štete i troškova sudskog postupka po presudi Apelacionog suda u Beogradu.

Odluka Vrhovnog kasacionog suda je konačna i na nju ne postoji pravo žalbe.

Landmark victory in freedom of expression case

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BELGRADE, 22.01.2018. – A Belgrade-based law firm has announced victory in a landmark freedom of expression case before the Supreme Court of Cassation of Serbia.

The clients were broadcaster B92, its former journalist Nikola Radisic, and news and current affairs editor and chairperson of the Board of Directors Veran Matic, the Zivkovic Samardzic Law Office said, adding that its Technology, Media and Telecommunications Senior Associate and Head of Media Litigation Kruna Savovic led the team in this case.

B92, Radisic and Matic were defendants in a civil proceedings initiated by a defamation claim brought by Dragoljub Milanovic, the former director-general of the state broadcaster Radio Television Serbia (RTS), a statement said, adding:

“Radisic reported for B92 Television on Milanovic’s first public appearance in 2012, following former RTS director-general’s release from prison, where he served a nine and a half year sentence handed down for failure to evacuate RTS employees from the broadcaster’s building during the NATO bombing campaign, despite being ordered to do so by the Federal Government. Sixteen employees of RTS died when a NATO missile eventually hit the building on the night of April 23, 1999.”

Milanovic considered a statement made by Radisic, that he “sacrificed his employees’ lives“ to be untrue, the law firm added.

“The Higher Court in Belgrade initially rejected Milanovic’s claim, but that judgment was later overturned at the Appellate Court in Belgrade. The Supreme Court of Cassation of Serbia finally decided to set aside the ruling of the Appellate Court and affirm the ruling of the Higher Court in Belgrade, upon finding that Radisic’s use of term ‘sacrifice’ was a value judgment not susceptible of proof. Additionally, the Supreme Court of Cassation of Serbia held that Milanovic’s earlier conviction that resulted in the nine and a half year prison sentence, served as a sufficient factual basis for the impugned statement, which was thus not excessive,” the statement said.

“We congratulate Kruna and her team on this landmark decision that is, concerning freedom of expression in Serbia, on par with the European Court of Human Rights judgment in the Case of Jerusalem v. Austria,” said Nebojsa Samardzic, Zivkovic Samardzic senior partner.

“In Serbia, everyone has right to speak – and to respond”

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BELGRADE, 22.01.2018. – President Aleksandar Vucic received on Friday a European Federation of Journalists (EFJ) President Mogens Blicher Bjerregard, his cabinet announced.

A statement said that they spoke about “the situation in the media, ways to improve it, and freedom of expression and media” and that Vucic stressed he was “aware of the necessity of improving the atmosphere and the conditions in which the media operate, but also that media codes of ethics need to be respected.”

He “expressed readiness to work with other state institutions to achieve this.”

Vucic “stressed that in Serbia, everyone has the right to speak or write what they want, but at the same time everyone has the right to respond to that.”

“I will not deprive anyone, myself included, of the right to reply,” the president said, and, according to the statement, “responded in concrete terms to all the remarks made by the representatives of the EFJ, and emphasized that he would do everything to promote freedom of expression and media.”

Bjerregard “thanked President Vucic for his interest in the topics that this federation has dealt with during the (fact-finding) mission, and stressed that it was very important for the president to support improving the media situation, as well as sending a signal to all state institutions to actively participate in this.”

According to the statement, he further “stressed that, at the meetings during the mission, they observed that pressure on the media was growing, which is why improvement was necessary, stressing that it was most important for Serbia to be resolute, to respect the values of freedom of media and expression, and to allow journalists to work without fear.”

During the meeting, Bjerregard “pointed out that the president needed to show how important it was for the authorities to resolve all cases of murders and violence against media.”

“This will reduce the pressure and violence against the media, because unresolved cases are a call to continue with violence,” he is quoted as saying, and adding that it was necessary to send a signal to ministers and parliamentarians to participate in debates hosted by all television stations.

The delegation led by Bjerregard included General Secretary of SEEMO Oliver Vujovic, Deputy Director of IPI Scott Griffen, President of the Association of Journalists of Serbia (UNS) Vladimir Radomirovic, and President of Trade Union of Journalists of Serbia Dragana Cabarkapa.

Media in era of modern slavery

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SARAJEVO, 22.01.2018.-It would indeed be encouraging if the issue of rights of the journalist in 21st Century would primarily be covered and analyzed in terms of the elimination of censorship and auto-censorship, including the incensement of free and liberated non biased reporting and associated fairy tales.

Unfortunately, until this dream becomes true, we must, in the first place, face painful facts, indicating that we are in fact at the very initial stage of the media development process. First of all, we have no information about basic facts and have no information regarding the fundamental statistical data such as; the number of journalists operating in BiH media market, number of media houses operating in BiH market as well, their (media houses) ownership structure (on who – owns – whom/what basis) and information about wages/salaries journalists (should) receive while performing their duties and doing their work.

We don’t know how journalists live nowadays, how many of them are engaged in more than one / single project, how much do freelancers earn, who amongst them receives tax – free money based on cash-in-hands payments and how many of them work on copyright contracts basis as well. What else don’t we know? Can journalists afford to receive proper medical treatment and to be hospitalized if necessary and how can this be done? Are they victims of mobbing methods imposed against them by their editors and media entrepreneurs? How many hours a week they have to work, do any of them receive overtime money, bonuses etc. How many journalists have to work over the holidays and do any of them receive extra bonuses for that? How many journalists have to work as photographers as well? How many reporting stories can they make per month and how many days off they have during a single month?

We don’t have precise answers to any of the above questions. Instead, we only have approximate and partial, but unreliable information concerning the insignificant number of journalists and how they work and live, while the majority of them struggle while being forced to work without contracts and associated rights, often being blackmailed and forced to work for modern slaveholders with no rights to have their own say. Establishing of vast number of media houses (apparently there are over 1100 media houses in BiH including around 1000 news-based websites), with minimum investing, links and ties between commercial and political interests, the growing and increasing ownership concentration, inferiority in technological terms have altogether resulted in the present situation concerning almost all journalists in BiH.

Furthermore, there has been no difference in terms of weather BiH journalists work for public broadcasting services and agencies or work for private media houses. Their treatment is practically the same regardless to weather their entrepreneurs are “public” (state-appointed) persons or some recent rich “businessmen”; either way their rights are denied often with mobbing included, their wages and salaries are miserable and not in paid in time, superannuation (pension and retirement funds) payments also almost do not exist and the quantity of duties they are assigned with is continually increasing. Based on all of the above-listed reasons and facts, one could conclude that present and current journalism in BiH has become a field of total exploitation of thousands of people working in one of the most stressful and most demanding areas and their say and their voices cannot be seen or heard nor they are “registered” as workers or employees.

Additionally, the fact that media entrepreneurs and their editors have access to unlimited number of students (which they may engage any time they like), unemployed journalists with degrees in journalism and graduates with similar and relevant social degrees knowing that almost all of them would be happy to write or make reports for symbolic amount of money, does indeed outline the current situation as far as journalism in BiH is concerned. Watching for an opportunity to prove themselves and get a proper job and work as journalists or public relations officers, journalists often spend an entire decade being engaged as underrated casual employees with absolutely no possibility to make career advancement whatsoever. Media disorder in BiH, unclear ownership structure of TV houses, radio stations and websites, political influences and pressures imposed against journalists, including the vast number of people that would accept to work for minimum amount of money in order to grab the opportunity to eventually become full time employees in few years time, have altogether resulted in a complete instability and uncertainty, as far as the journalists’ existence in BiH is concerned.

Considering the nature of their work, completely unrealistic deadlines they are forced to comply with and great, but unreal expectations from their editing offices; employees are, at the end of the month, left with paid money (which in fact is less then what low – profile workers and people with very limited educational background get paid on monthly basis) and they are consequently forced to use whatever time left they have to seek for additional work thus earning extra money elsewhere. Journalists work a lot more than they get paid, their wages and salaries are often not paid in time and they also receive partial payments. They are forced to look for additional work because they are economically ruined, blackmailed and left out with the very low level of self – confidence. They live very stressful lives; they are imposed with pressure at different levels, frustrated and fear for their jobs they dare not to even speak about their statuses and positions thus wasting significant time and years of their lives.

More absurdly, journalism is gradually turning into a female occupation in BiH and this accordingly produces economic and financial position female journalism employees are in actually displaying the reflection of the above-mentioned attitude and facts. The following, rather a legitimate question emerges accordingly: ”How come journalists are then not fighting for their own rights when they are aware of workers’ and labor rights of other workers in other fields (being heavily violated), about which journalists make regular reports?” One of the answers to this question may include the fact that they (journalists) have been blackmailed and disarmed (whilst spinning few coins in their rather empty pockets) being, at the same time overloaded with work they had been assigned with and deadlines that are always met just in time, journalists find very difficult to think thoroughly about their own (labor) rights. On the other hand, journalism, as an occupation, is not considered and generally treated as proper job at all, instead, it is generally treated as hobby and some kind of additional, extra or simply (part-time) job and anyone with talent in journalism is thus not considered as genuine journalist, instead he/she is generally and often publically treated and declared as public star.

Ironically speaking, one could not expect from journalists to make reports about their own (violated) rights, when there are other “priorities”’ to handle such as most teachers in BiH (including both primary and secondary schools), medical workers (including doctors, nurses, technicians and others) and other workers (various fields and branches) about whose rights journalists make reports on regular basis. Journalists are obviously more concerned about rights of others that about their own rights. Unfortunately, they become aware of their violated rights when it is already too late to regret and think about it; that is, they begin to think and are seriously concern about this whole issue when they get sacked, when they lose their jobs, jeopardize and endanger their good health (often losing both, job and good health), when they become parents, get children and when they begin to stress out about bank loan repayments they have to pay and so on. Media scene development in BiH is therefore based on the exploitation of employed journalists and other associated workers (staff) in the media field, with deliberate creation of chaos and imperative of political influence.

As a result, one could be taking into consideration the above mentioned chaotic conditions, speak about the commencement of media scene which should actually begin with its initial stage and shape its profile. This may actually occur only if we stop overstepping the stairs and begin with taking one step at the time: eventually, it may stop once we gather around and become massive in terms of numbers, just as workers in other fields do. Associations and Journalists’ Clubs, (unions/syndicates in particular), indeed represent perfect initial points to launch and begin the fight for gaining decent work/labor conditions for all journalists. The present state officials (considering their will to help) will certainly not take care of those that fail to take care about themselves, particularly they will definitely not express their concerns and take care about journalists, since they consider journalists as obstacles, rather than regular and decent workers.

This text is a part of E-Bulletin– third edition of special serial of BHN online bulletin implemented through the “Media and Public Reputation” (origin. “Mediji i javni ugled”) project, also representing a contribution to public debate regarding the transparency of media ownership and upholding and encouraging the passing of set of laws aimed to advance media field and information market in BiH. 

Instead of congratulations, we want to point to problems

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PODGORICA, 22.01.2018 – Trade Union of Media of Montenegro (SMCG) will submit proposals for amendments to media laws on Tuesday, on the occasion of Day of Journalists of Montenegro, to all MPs in the Parliament of Montenegro, announced SMCG President, Marijana Camović.

Camović said that for the past five years, since SMCG marks January 23 – Day of Journalists of Montenegro, it persistently draws attention to the problems faced by media employees.

“We think that this is not a day when we should receive congratulations from the officials, but draw attention to media working conditions and encourage them to improve situation, from various angles”, said Camović.

We will do this, as she said, this year, asking MPs to amend the laws on the media and electronic media.

“SMCG presented in December the expert analysis of these two laws with specific recommendations that will be delivered on Tuesday to all those who make the current Parliament convocation,” said Camović.

As she explained, the proposals include, among other issues, the introduction of autonomy for journalists.

“We believe that texts and contributions cannot be essentially changed without author’s consent, and that is happening everyday. Whoever does that has to bear responsibility”, Camović said.

According to her, SMCG hopes that MPs will perceive the justification of these requests. According to SMCG, employees in Montenegrin media are still working for salaries that are below the national average.