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EU JUSTICE MINISTERS AGREE ON PROPOSAL TO PROTECT JOURNALISTS AND HUMAN RIGHTS ACTIVISTS FROM SO-CALLED SLAPP LAWSUITS

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Justice ministers of EU member states have reached an agreement on a common position on three important legislative proposals, based on which they will negotiate with the European Parliament on the final text of these laws. Member states have reached a provisional political agreement, i.e., consent on the negotiating position for negotiations on the proposal for a law that treats EU sanctions violations as criminal offenses, as well as on the proposal for a law aimed at protecting journalists and human rights activists from unfounded and malicious lawsuits, known as SLAPP lawsuits, and on the law for the prevention and combating of violence against women and domestic violence.

The proposal for a directive on protection from SLAPP lawsuits should ensure procedural guarantees for individuals facing SLAPP lawsuits. SLAPP stands for “strategic lawsuit against public participation.” These lawsuits aim to silence the media and non-governmental organizations that expose irregularities harmful to the public interest. The proposed directive should provide courts and victims of such lawsuits with appropriate tools to combat obviously unfounded lawsuits. The directive’s provisions will apply to civil cases with cross-border implications.

“Freedom of expression and media freedom are crucial for the functioning of our European democracies and our free and open societies,” said Minister Strömmer.

Speaking about the proposal for a law on sanction circumvention, Swedish Minister of Justice Gunnar Strömmer said that “sanctions are a key tool to support the EU’s support for Ukraine and its fight against Russian aggression.”

“This new law will facilitate easier investigation, prosecution, and punishment of sanctions violations in the EU,” Strömmer said. According to the proposed law, actions that member states will designate as criminal offenses include: assisting individuals subject to Union restrictive measures to circumvent EU travel bans, trading in sanctioned goods, and conducting transactions with states or entities affected by EU restrictive measures.

The directive on the prevention and combating of violence against women and in families envisages the criminalization of female genital mutilation, cyberstalking, online harassment, sharing intimate images without consent, and cyber incitement to hatred or violence. For these criminal offenses, the proposal contains provisions on penalties, aggravating circumstances, jurisdiction, and limitation periods.

Coalition for Media Freedom: Working Group for Amendments to the Law on Advertising without the Participation of Journalists and Media Associations

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The Coalition for Freedom of the Media points to another failure of the Government of the Republic of Serbia when it comes to the implementation of the Media Strategy, which has been delayed for the third year in a row. Namely, on May 17, 2023, the Ministry of Internal and Foreign Trade established a working group for amendments to the Law on Advertising, without informing the Ministry of Information and Telecommunications, which is responsible for implementing the Media Strategy, in which four activities relate precisely to the field of advertising.

Regulation of the advertising area is crucial for the establishment of a fair and transparent media market and is a basic prerequisite for the sustainability of private media in particular. On this occasion, we remind you that the state failed to prepare a comprehensive analysis of the relevant media market at the very beginning of the implementation of the Media Strategy, which should have included the advertising market and give a clear picture of the problems in this area, which affect the pluralism of media content. Special attention in the Strategy is devoted to the so-called state advertising (advertising by public authorities and companies that are partially or fully state-owned) which especially affects the disruption of the media market by favoring certain media companies.

Bearing all this in mind, the Ministry of Internal and Foreign Trade still failed to include in the aforementioned working group representatives of the media community, primarily representatives of associations that bring together private media.

Although we have repeatedly received promises from the Government of the Republic of Serbia and the Prime Minister that coordination will be established between the various working groups that were established to amend and amend the media and other relevant laws that are mentioned and are within certain activities in the Media Strategy, the Government continues with with its bad practice of non-transparent and uncoordinated work, which only complicates and slows down the reform processes that are important for the entire Serbian society.

On this occasion, we invite the Ministry of Internal and Foreign Trade to reconsider its decision on the formation of a working group and include representatives of relevant media associations in it.

The Coalition for Media Freedom consists of the Association of Media, the Association of Online Media (AOM), the Independent Association of Journalists of Vojvodina (NDNV), the Independent Journalists’ Association of Serbia (NUNS), the Business Association of Local and Independent Media “Local Press” and the Slavko Curuvija Foundation. 

 

Reminder from Media Strategy

4.7.1 establish standards for the positive portrayal of members of vulnerable social groups in advertising, news, reports, production and broadcasting

2.2.1 make an analysis of the relevant media market at the national, regional and local level and determine the functionality, conditions and state of competition in the media and related markets (media content distribution market, advertising market, etc.), especially with regard to determining the risk of unauthorized media concentration, threats to media pluralism, and whether there are structural and economic pressures on the media that threaten their integrity and independence

2.3.2 after carrying out an analysis of the regulatory framework in the field of advertising, with particular reference to problems related to advertising, public authorities and companies majority-owned by the state or majority-financed, propose or submit an initiative for the adoption of new or changes to existing regulations, as a prerequisite for creating equal market conditions for all media

2.5.7 to consider the possibility that in the process of drafting the Regulation on determining the elements of the annual business program, i.e. the three-year business programs of public companies and other forms of organization that perform activities of general interest, an integral part of which are the Guidelines for the preparation of the annual business program, i.e. the three-year business program public companies and other forms of organization that perform activities of general interest, recommend to public companies and other forms of organization that perform activities of general interest that they direct at least 15% of the funds from the annual budgets provided for advertising to regional and local media according to clearly established criteria that ensure equality of all media subjects, in accordance with the applicable regulations

North Macedonia: Press freedom mission finds fragile progress in need of further support

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slika: canva

From 5-7 June 2023, the European Federation of Journalists (EFJ), European Centre for Press and Media Freedom (ECPMF), Free Press Unlimited (FPU), International Press Institute (IPI) and the Osservatorio Balcani e Caucaso Transeuropa (OBCT) took part in a fact-finding mission to North Macedonia, organised by the Association of Journalists of Macedonia (ZNM). While we recognise progress for media freedom and journalists’ working conditions in recent years, this improvement is fragile and must be consolidated.

We welcome the recent adoption of amendments to the Penal Code. Under the new provisions, developed in collaboration with local civil society, attacks on journalists will be treated the same as attacks on public officials, entailing ex officio prosecution and more severe punishment. We also appreciate the decision of the public prosecutor’s office to establish a designated contact point for media workers who are attacked and the protocol that has been developed to better protect women journalists against online harassment.

Equally, we acknowledge the improvements to the civil libel laws. If duly implemented, these new rules could contribute to the fight against impunity for crimes against journalists, which remains an issue of grave concern, and discourage future attacks and threats. We also expect to see welcome reforms of the public broadcaster and the media regulator passed by parliament in a timely manner. A more systematic approach to the harmonisation of media legislation with the EU acquis and standards is required.

Despite this progress, journalism remains in danger in North Macedonia. Polarisation, a lack of pluralism, poor working conditions and unsustainable media companies characterise the landscape. Decisive action by the authorities is needed to ensure that Macedonia’s citizens can access independent and pluralist information. In our discussions with the authorities, we raised the possibility of establishing a public fund for media pluralism. This would ensure the allocation of support objectively and equitably, bolstering quality content, diversity of editorial positions, and journalists’ working conditions. We welcome the openness of our interlocutors, particularly the President of the Republic, Stevo Pendarovski and the Prime Minister, Dimitar Kovacevski, to discuss this proposal.

However, we are concerned to have learned from the Prime Minister and the Minister of Information Society and Public Administration, Azir Aliu, that the Government is considering reintroducing state advertising via paid political campaigns in private media. Besides being questionable in terms of compliance with the EU acquis on state aid, this approach will serve to reinforce the position of already-dominant media at the expense of smaller outlets and increase the risk of political interference in the media.

Lastly, we remain concerned by statements made by politicians and public office holders that contribute to a hostile climate for journalists. We have seen repeated instances of politicians across the spectrum questioning individual reporters’ professionalism, insinuating that they are serving ulterior motives outside the public interest, and making unwarranted sweeping statements that put the whole profession in a negative light. While our interlocutors acknowledged that creating a conducive environment for journalists’ safety is crucial, we are disappointed to find a lack of commitment to concrete action that can improve the situation. Overall, this unacceptable behaviour by politicians undermines the public trust in media and signposts to others that journalists are a fair target for harassment on social media, Strategic Lawsuits Against Public Participation (SLAPPs), or worse.

We will publish a report with the full findings of the fact-finding mission in the upcoming months, in addition to a detailed policy position on the need to create a public fund for media pluralism. We stand ready to provide our expertise to advance media pluralism and journalists’ safety in North Macedonia, and will continue to follow developments closely in collaboration with our local partners.

The fact-finding mission met with the President of the Republic, Mr Stevo Pendarovski; Prime Minister, Mr Dimitar Kovachevski; President of the Parliament, Mr Talat Dzaferi; Minister of Information and Public Administration, Mr Azir Aliu; Ambassador of the EU, Mr David Geer; Deputy Public Affairs Officer of the US Embassy Augusta Philbin; Director of Macedonia Radio and Television, Mr Marjan Cvetkovski; and Director of the Agency for Audio and Audio-visual Media Services, Mr Zoran Trajchevski. In addition, the EFJ GS met with the two EFJ affiliates in the country: ZNM and SSNM.

 

Signed:

  • European Federation of Journalists (EFJ)
  • European Centre for Press and Media Freedom (ECPMF)
  • Free Press Unlimited (FPU)
  • International Press Institute (IPI)
  • OBC Transeuropa (OBCT)

IJAS: Stop Hooligan threats Addressed to Brankica Stankovic

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photo: canva

Independent Journalists’ Association of Serbia (IJAS) demands that the Prosecutor’s Office initiate an investigation and prosecute the hooligans who again insulted and threatened Brankica Stankovic, the editor in chief of TV Insider, at last night’s KK “Partizan” match.

Bearing in mind that because of the explicit threats sent to her 14 years ago, Brankica Stankovic lived under police protection, we believe that the Prosecutor’s Office should have reacted and initiated proceedings against members of hooligan groups that openly endanger the safety of anyone who points out the danger of their actions.

At the same time, we indicate to the leaders of our biggest sport clubs, who insist on stopping the game when members of their families are insulted, to do the same in the case of Brankica Stankovicc, and that those fans stay away from the game.

After last year’s scandalous shouts from the stands addressed to Brankica Stankovic, at the Partizan-Buducnost basketball game, which took place in front of a full hall and was broadcast on television, none of the authorities reacted.

It is the duty of the holders of executive, legislative and judicial power to prove that the state is stronger than hooligans through concrete actions, not declarative statements and announcements. Institutions must not underestimate these threats, especially considering that the murders of Slavko Curuvija, Milan Pantic and Dada Vujasinovic have not yet received a final judicial epilogue.

CJA: WE DEMAND BAČIĆ TO BE EXCLUDED FROM ALL INTERNATIONAL BODIES WHERE HE REPRESENTS HRT

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The Croatian Journalists’ Association (CJA) is appalled by the appointment of Kazimir Bačić to the International Broadcasting Committee of the EBU. Kazimir Bačić is a former director of HRT and a suspect in a major corruption scandal. His tenure was marked by numerous scandals, dismissals of dissenting voices, censorship, and the marginalization of experts, leading to the unfortunate exodus of many colleagues from HRT. During Bačić’s tenure, a staggering 36 lawsuits were filed against journalists and media outlets, totaling over two million kuna in compensation claims. He even sued his own journalists: Hrvoje Zovko faced three lawsuits, one of which resulted in a defamation claim of 250 thousand kuna, and Sanja Mikleušević Pavić, then president of the CJA branch at HRT, was sued for 50 thousand kuna.

Bačić’s tenure was also marked by censorship in the Information Media Service (IMS) of HRT, as confirmed by three court rulings in favor of Hrvoje Zovko, whom HRT sued for statements about censorship – and lost. Bačić, as the then director, twice signed dismissal orders for journalist and editor Hrvoje Zovko, which the court deemed unlawful, dismissing the allegations against Zovko as false.

During Bačić’s tenure, HRT was awarded the CASE award in May 2021, by the coalition of European NGOs against SLAPP, for being the biggest SLAPP lawsuit abuser. Even the CJA was targeted by HRT lawsuits, amounting to 200 thousand kuna, making it a unique case globally where a public broadcaster sues a national journalistic organization. The costs incurred by such behavior of the director of the public media service in Croatia amount to millions, with immeasurable negative impacts on the free work of HRT journalists. Despite suspicions and dismissal, Bačić remained employed at HRT after his arrest for corruption revealed by an investigation by the USKOK and the police, during which he was held in investigative custody in Remetinec. Although the arrest of the CEO caused great damage to HRT’s reputation, Bačić was not sued for defamation; instead, he was, in fact, delegated to represent the institution in EBU bodies. HRT’s response to the Telegram.hr portal, stating that “Bačić has been elected multiple times and has been a member of that board since 2016” and that his election “was automatic,” seems surreal. A serious public broadcaster would be expected to remove him from all international bodies where he represents them, if not for SLAPP, then at least due to corruption allegations.

The decision by HRT management to support Bačić’s appointment is considered an insult to all subscribers and employees of HRT who work honestly and diligently without the privileges that the former director obviously enjoys. The CJA supports the demands of its branches at HRT that Kazimir Bačić be excluded from all international bodies and organizations where he represents HRT, and will officially request the EBU to annul this shameful decision.

For the Executive Board,

Dragutin Hedl, Vice President of CJA

Chiara Bilić, Vice President of CJA

PARLIAMENT: CANDIDACIES FOR THE PROGRAM COUNCIL AND SUPERVISORY BOARD OF HRT

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Only seven candidacies have been submitted for the public call for the election of four members of the Program Council of HRT, but four have been received for one member of the Supervisory Board of HRT, it was learned on Wednesday in the Croatian Parliament, reported by Hina.

The procedure for the election of four members of the Program Council was initiated because the mandates of the Council’s president Zdravka Kedža and three members Lidija Gašparović, Ivica Lučić, and Zorislav Lukić are expiring.

In addition to Gašparović, the candidates for the Council are Josip Čerina, Luka Šuput, Rajko Stilinović, Marko Gregur, Danijel Labaš, and Antonija Petričušić. Council members could be nominated by institutions, associations, and citizens, and who proposed whom on this occasion is not yet known because the candidacies have not yet been published on the parliamentary website.

It is interesting to note that Petričušić, a professor at the Faculty of Law in Zagreb, was until recently a member of the Supervisory Board of HRT. The Program Council of HRT has 11 members, nine of whom are elected by the Parliament, and two by the creative staff of HRT.

Their mandate lasts four years, and every two years half of its members are appointed. The same person can be elected as a member of the HRT Council a maximum of two times. The competition for the election of one member of the Supervisory Board of HRT, announced after Davor Zoričić requested dismissal, appointed in November last year, has aroused more interest.

The candidates are Krešimir Dabo, Alan Stjepko Sorić, Milorad Kardum, and Dajana Barbić. Which candidacies meet the prescribed conditions, or who will be on the lists of candidates, will be determined by the parliamentary Committee for the Media next Wednesday.

Author: Hina

AJK condemns the derogatory language of MP Artan Abrashi against the portal “Albanian Post”

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Artan Abrashi of Vetvendosje, the ruling party’s MP, used derogatory language today against the “Albanian Post” portal, right after the release of an article warning of probable sanctions against Prime Minister Albin Kurti and others regarding the situation in the north. “Euronews Albania” reported a similar report.

“Sanishic’s Albanian portal writes about sanctions against Kosovo. Its name is Albanian, but it has nothing to do with Albania,”, the MP stated on Facebook.

The Association of Journalists of Kosovo strongly condemns Abrashi’s statement and considers that such labeling jeopardizes the safety of all journalists and other media workers.

AJK calls on Prime Minister Kurti to distance himself from such attacks against the media and journalists by members of the government and the ruling party.

Boško Savković’s Arrest is an Unacceptable Limitation of the Right to Freedom of Expression and Intimidation of Citizens

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photo: canva

On the occasion of the arrest of journalist, activist, director and lawyer, Boško Savković, who was ordered detention for up to 30 days for the criminal offense of calling for a violent change of the constitutional order, we, the undersigned organizations, whose goal is to protect the rule of law and human rights, alarm the domestic and international public of this organized intimidation of citizens and gross violation of freedom of expression by the highest Serbian state authorities.

Boško Savković is accused of carrying a doll of the Serbian president hanging on a banner at the “Serbia against Violence” protest held on June 3, 2023. Savkovic denies that he had anything to do with the doll with which his banner was photographed and claims that it was not hanging on his banner. A large number of citizens were photographed with the banner that went, as he states, “from hand to hand at the protest”, and there is no evidence that the doll in question actually belonged to Boško Savković. The symbolic expression of citizens’ dissatisfaction, which obviously did not aim at calling for violence, was understood as calling for the violent overthrow of the constitutional order of Serbia. We remind the public that the constitutional order of Serbia prescribes basic human rights and freedoms, among which is freedom of expression, which is guaranteed by numerous international treaties that Serbia has ratified, such as the European Convention for the Protection of Human Rights and the International Covenant on Civil and Political Rights.

Freedom of expression implies the right to convey and spread ideas and opinions through speech, writing, painting and even performance. In political criticism, freedom of expression can be shocking, unpleasant and even offensive, but state bodies and officials are obliged to tolerate it as decision-makers and because of the position of power they enjoy in society. This type of criticism is often encountered at political protests around the world where dolls with the likenesses of public officials are physically destroyed, and in a democratic state citizen must not suffer the consequences for opinions expressed in this way.

This arrest is not only a disproportionate and extremely repressive measure against one citizen, but also aims to send a message to all other citizens of Serbia that it is not allowed to criticize politicians in power in Serbia or that criticism is only allowed in certain, unwritten ways. We also remind you that this is not the only such arrest in connection with the protests. At a time when a large number of citizens express dissatisfaction with political decisions on the street, using their right to peaceful assembly and freedom of expression, Security Information Agency implements a policy of intimidation in order to suppress the largest protest in Serbia in this century. The aforementioned arrest was condemned by the European Economic and Social Committee, whose body, the EU-Serbia Joint Consultative Committee, is co-chaired by Mr. Savković on behalf of Serbia.

We call on other international and domestic organizations, bodies, independent institutions, individuals, media and activists to condemn this attack on basic human rights in Serbia and prevent further erosion of the right to peaceful protest and freedom of expression. We especially appeal to the judicial authorities in Serbia to protect the rights of citizens and their independence, to be guided by the Constitution, international standards in the field of human rights and the law when making decisions, and not to succumb to pressure from the executive power.

 

Signatures:

  1. Lawyers’ Committee for Human Rights YUCOM
  2. Independent Journalists’ Association of of Serbia
  3. Belgrade Center for Security Policy
  4. CRTA
  5. Institute for Territorial Economic Development (InTER)
  6. Center for Cultural Decontamination
  7. Partners for Democratic Changes Serbia
  8. Belgrade Center for Human Rights
  9. Youth Initiative for Human Rights
  10. Novi Optimizam
  11. Autonomous Women’s Center
  12. Slavko Ćuruvija Foundation
  13. Civic initiatives
  14. Initiative A11

EC WANTS CLEAR LABELLING OF CONTENT CREATED BY ARTIFICIAL INTELLIGENCE

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Internet platforms should clearly label content created by artificial intelligence to reduce the spread of misinformation, said Vice-President of the Commission for Values and Transparency Vera Jourova on Monday.

“We want online platforms to label content created by artificial intelligence in such a way that the average user can clearly see that certain textual, visual, or video content was not created by a human,” Jourova said after a meeting of the working group tasked with combating misinformation using artificial intelligence. Jourova said that new artificial intelligence technologies can be useful and contribute to increased efficiency and the creation of creative content, but they also come with risks.

“They bring new risks and can have negative consequences for society, including in the area of spreading misinformation,” Jourova said, urging the 44 internet platforms that have accepted the code of conduct to take action regarding artificial intelligence. For example, by introducing technological solutions for recognizing and clearly labeling such content. Jourova expressed regret that the social network Twitter has withdrawn from the code of conduct and chosen confrontation instead.

“We think Twitter made a mistake by choosing confrontation,” Jourova said. In addition to voluntary participation in the code of conduct, combating misinformation will become a legal obligation under the Digital Services Act, which enters into force on August 25. “The code of conduct is voluntary, but do not be mistaken, by leaving the code, Twitter will be closely monitored on how and to what extent it complies with the Digital Services Act,” said the Vice-President of the Commission.