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Safety of journalists court practice: Prison sentences the most common verdicts

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PODGORICA, 15.05.2023. – The analysis of the judicial practice of cases involving threats to the safety of journalists in the period from 2012 to 2022, done by the Trade Union of Media of Montenegro, identified 55 court proceedings before basic and misdemeanor courts in Montenegro.

Of that number, 35 cases were (or are still ) conducted before basic courts, while 20 of them were or are still being conducted before misdemeanor courts.

When it comes to misdemeanor courts, in the last ten years, according to the data provided to the research team, 20 cases were initiated due to threats to the safety of journalists and other media workers. Of that number, 6 are active, while 12 cases have been legally terminated, and there is no data for 2 cases. Most cases were in the Court for Misdemeanors in Podgorica (14), five cases were initiated in Budva and one in Bijelo Polje.

Out of a total of 35 cases that were conducted in the basic courts, 29 of them were finally concluded, while six proceedings are still ongoing. In the analyzed period, cases were conducted in six basic courts, in Podgorica (15), Bijelo Polje (5), Pljevlja (1), Kolašin (1), Kotor (2) and Nikšić (7). When it comes to active cases, there are 3 in Nikšić, 2 in Bijelo Polje, and one is also active in Podgorica. Of the six active cases, only one dates from 2021, while the others were initiated in 2022.

When it comes to injured parties, the majority of proceedings are conducted due to endangering the safety of male persons (23). As many as 20 cases were initiated due to threats to the safety of women in the media, and in five cases, groups or several representatives of the media were harmed. No data is available for 7 cases. The situation is similar when it comes to proceedings before basic courts. Women were harmed in 14 cases, men in 16 cases, and a group of media workers in 4 cases.

 

The collected data show that in most cases of endangering the safety of journalists that were brought before the basic courts, it was about persons who worked at the Vijesti newspaper (16). Five cases of endangering the safety of Dan employees were also registered, and in three cases in which the victims were persons who worked for RTCG, TV Vijesti and Monitor.

In the largest number of cases that were conducted before the basic courts in Montenegro, convictions were handed down (23), while acquittals were handed down in six cases. The remaining six cases are still active.

When it comes to convictions, a suspended sentence was not awarded in 22 cases. Seven convictions for endangering the safety of journalists and/or other media workers provided for a conditional sentence for the perpetrator.

The analysis showed that the punishments for the perpetrators of acts that threaten the safety of journalists and other media workers most often referred to prison sentences, in as many as 20 cases. Prison sentences ranged from 30 days to 15 months, but the average prison sentence was 5 months.

In one case, the perpetrator of the crime was fined 800 euros, in one case he was sentenced to 100 hours of community service, in one case he was sentenced to 4 months in prison followed by a fine, while no data is available for one case.

The average duration of court proceedings is 9 months, but there were examples of cases being resolved in a record time (1.5 months). However, even in five cases, the trial lasted more than one year, and the longest proceedings lasted a record 35 months. All the cases that were conducted for more than one year were initiated in the Basic Court in Podgorica, and in all of them the injured parties worked for the same media – the independent daily Vijesti.

Only in one case did the second-instance authority revise the decision of the Basic Court in Podgorica and in the specific case increased the prison sentence by five to nine months.

Out of a total of 29 completed cases, as many as 18 refer to the criminal offense of endangering security, three to violent behavior, two each to coercion, grievous bodily harm and causing general danger, and one to false reporting and illegal possession of weapons.

During 2022, a total of seven criminal proceedings were conducted in basic courts in Montenegro, for criminal offenses whose qualified forms in use since 2022. Of that number, five cases are still active, three in Nikšić and one in Bijelo Polje and Podgorica, while two ended with convictions against the attackers. In one case, the attacker was sentenced to three months in prison for the criminal offense of coercion, where the court did not refer to the qualified form, while in another case the attacker was sentenced to four months in prison for the criminal offense of endangering security. In this case, the court pointed out in its verdict that it was a crime committed to the detriment of persons performing work of public importance, which means that it is the first conviction under the provisions of the amended Criminal Code in the part that refers to journalists and media workers.

 

This article was created through the project “Safety of journalists through judicial practice” implemented by the Media Union of Montenegro (SMCG). The project is supported by the Center for Monitoring and Research (CeMI) within the program “Access to justice and human rights in Montenegro – Trial monitoring project 2021 – 2023” financed by the European Union and co-financed by the Ministry of Public Administration.

The content of the article is the sole responsibility of SMCG and does not necessarily reflect the views of CeMI, the European Union or the Ministry of Public Administration.

In support to end the impunity of crimes against journalists and targeting of journalists in Serbia

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Tabled by NUNS, UNS, SINOS and GS KUM Nezavisnost (Serbia)

 

Although the Republic of Serbia has undertaken some concrete steps, safety of the journalists has not improved, numerous attacks and threats on journalists are recorded continuously, and the existing protection mechanisms have not proven to be sufficiently effective and adequate.

The most important and effective mechanism was developed within the multisectoral Standing Working Group for Journalists’ Safety, with a developed system of contact points for fast reporting and monitoring incidents against journalists, monitoring the procedures that have been initiated and reacting in case of irregularities.

Independent journalists and media are exposed to various types of pressures, targeting and smear campaigns from public officials and pro-government media, which often leads to harassment and serious threats by ordinary citizens, primarily through social networks.

The Independent Journalists’ Association of Serbia (IJAS) and Journalists Association of Serbia (JAS) recorded around 140 cases of attacks and pressures in 2022. In 2023 IJAS recorded 57 cases of attacks and pressures (11 verbal attacks, 6 physical attacks and 40 pressures).

According to the records of the Republic Public Prosecutor’s Office, in 2022, 81 criminal reports were submitted to the public prosecutor’s offices. In 26 cases a decision was made to dismiss the criminal complaint or an official note was issued stating that there is no basis for initiating criminal proceedings. In 5 cases a guilty verdict was handed down, and in one case, the verdict was acquittal. Also, 6 cases are ongoing before the court. In 5 cases the perpetrators are unknown, and 40 cases are at some stage of proceedings before the prosecution.

Until the end of March 2023, Republic Public Prosecutor’s Office recorded 14 new cases, out of which in 4 cases a decision was made to dismiss the criminal complaint or an official note was issued stating that there is no basis for initiating criminal proceedings, 10 cases are still in pre investigative procedure.

Finally, there are still no judicial epilogues in the cases of murder of journalists Milan Pantić, Dada Vujasinović and Slavko Ćuruvija. Despite the ten-year work of the Commission for Investigating Murders of Journalists and two first-instance verdicts of 100 years for the head of the secret police at the time in the case of the murder of Slavko Ćuruvija, the journalistic community is worried because of all the circumstances we live in.

This verdict should end the chain of impunity and justice should finally be served. If this does not happen, every hope for professional healthy journalism in Serbia will be killed.

In the case of journalist Milan Jovanović, whose house was devastated in an arson attack in 2018, trial has also not been completed. Conviction was handed down at first instance court for now.

The number of SLAPPs has been on the rise in the past couple of years. According to the Independent Journalists’ Association of Serbia data, in 2021 and 2022 there have been 40 lawsuits that can be characterized as SLAPPs.

The analysis of recorded cases shows that the target of SLAPPs are investigative media outlets and media that report critically about the work of public officials, businessmen, crime etc. The media are being exhausted by a large number of legal claims and the amounts requested as compensation, as well as by evidently unfounded claims.

Mainly, the claimants are public officials, politicians, businessmen, and companies.

The European Federation of Journalists meeting in its general assembly on May 11 and 12 in Hague calls on:

  • Serbian judiciary to conduct prompt, impartial, thorough and effective investigations into all cases of murders, attacks, harassment and intimidation against journalists offline and online, ensuring no impunity for perpetrators;
  • High representatives of the executive power, members of National Assembly and other state or local officials to stop with targeting and using of abusive narrative and thus provoking the smear campaigns against investigative and independent journalists and media;
  • Decision makers to take all necessary measures so that the legal framework foresees the additional necessary safeguards to deal with obviously unfounded or abusive court proceedings against public participation;
  • Judiciary to provide additional training for judges in order to build their knowledge and capacities in detecting and dealing with manifestly unfounded or abusive court proceedings against public participation.

 

IJAS: Targeting of Journalists Must Stop

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Independent Journalists’ Association of Serbia (IJAS) strongly condemns the targeting of the media Danas, Nova S and N1 in the leaflets that were placed in front of the editorial office of the daily newspaper “Danas”.

More than 20 leaflets with the logos of Danas, Nova S and N1, along with photos of individual leaders of the opposition, as well as Franjo Tudjman and Alija Izetbegovic, were placed in the entrance of the “Danas” editorial building. “Fifth Column” was written on the leaflets, and the leaflets were signed as “Konzervativni pokret Naši” (“Conservative Movement Ours”).

This is not the first time that this movement has targeted the media – in March this year, a threat signed by the Naši movement arrived at the official address of the Independent Journalists’ Association of Vojvodina, in which the Association and the Automonija portal were accused of being “foreign mercenaries”, of waging a “media war against Serbia and of Russia” and to “promote Ukrainian neo-Nazism”, to which IJAS, as part of the Coalition for Media Freedom, reacted.

Also, lately we have witnessed constant targeting of the media by the holders of the highest government positions, especially by the President of the State Aleksandar Vucic and Prime Minister Ana Brnabic. This kind of atmosphere towards journalists and the media, which are critically oriented, is transmitted to citizens, who also send threats, harass and insult journalists on social networks. One such case is the recent commenting on the tweet of N1 television journalist Dusan Mladjenovic, who was the target of harassment because of his journalistic work.

Let’s remind, in November last year, the daily newspaper Danas received an email threatening the journalists, editors and columnists of Danas with “barrages of bullets” because of the editorial policy of that media, and that they will suffer the same fate as the editorial office of the French satirical newspaper “Charlie Hebdo”, which was condemned by the Coalition for Media Freedom and the SafeJournalists network.

Independent Journalists’ Association of Serbia warns that this way of treating journalists and the media is dangerous and that in this way journalists become targets of various types of attacks and pressures. We also appeal to the highest state officials to stop targeting journalists and media who write critically about their work and the work of state institutions. Holders of state offices are obliged to create an environment in which journalists can carry out their work unhindered and report on matters of public interest.

Ukraine: AFP journalist Arman Soldin killed in shelling attack

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Foto: Pixabay

Journalist Arman Soldin was killed in the afternoon of 9 May 2023 in a shelling attack near Chasiv Yar, in eastern Ukraine. The 32-year-old was working for the news agency Agence France Presse (AFP). The International and European Federations of Journalists (IFJ/EFJ) join their affiliates in Ukraine and France in expressing their condolences to Soldin’s relatives, colleagues and friends.

The attack took place at around 4.30pm on the outskirts of Chasiv Yar, a town close to Bakhmut, which has been at the epicentre of the fighting in eastern Ukraine for several months. Four AFP colleagues and a group of Ukrainian military personnel survived the attack uninjured.

Soldin, a French citizen born in Sarajevo, had been living in Ukraine since September 2022, when he started leading a video team’s coverage of the conflict. He was one of the first AFP correspondents to enter Ukraine after the Russian invasion on 24 February 2022, travelling regularly to the front lines in the east and south.

“His death is a terrible reminder of the risks and dangers faced by journalists every day covering the conflict in Ukraine,” said AFP Chairman Fabrice Fries.

“We are deeply saddened by this tragic news, only two weeks after the death of Ukrainian fixer Bohdan Bitik. Arman Soldin’s work has been essential in bringing images from Ukraine and informing citizens around the world about the realities of the war. We pay tribute to all the journalists who have risked their lives since the beginning of the conflict,” said EFJ President Maja Sever.

“Today our thoughts are with Arman’s family and friends. No journalist should ever be targeted for doing their job and covering a war is no excuse for that. Today is another sad day for the journalism community. We demand justice for the killing of Arman,” added IFJ President Dominique Pradalié.

Arman Soldin is the 14th media worker to have been killed on duty since Russia invaded Ukraine.

Messages of solidarity from journalists’ unions in Ukraine and France were also shared on Twitter.

The President of the National Union of Journalists of Ukraine (NUJU), Sergiy Tomilenko, tweeted: “Terrible news. A TV reporter @ArmanSoldin for @AFP and @canalplus was killed at the front. This is the second murder of a journalist in the last two weeks in Ukraine, for which Russia should be punished.”

“Our thoughts are with his family, his friends and all those who were close to him. And to all the colleagues who have done, are doing and will continue to do their job of reporting at the risk of their lives, in Ukraine and elsewhere,” wrote the SNJ.

CFDT-Journalists said: “The terrible news of the death of our fellow war reporter Arman Soldin is frightening. At the age of 32, he was already an experienced journalist, recognised by his peers. The CFDT journalists send their support to his colleagues and relatives. This war must stop!”

“French journalist of Bosnian origin @ArmanSoldin fell in the exercise of his profession, to inform us. Our condolences to his family and our thoughts are with all our colleagues at Agence France Presse,” said SNJ-CGT.

REM member against dismissal, ban on reality shows: It’s not that simple

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photo: N1

Member of the Regulatory Authority for Electronic Media (REM) Council Judita Popovic told N1 that reality shows are not the only cause of the tragic events that took place in Serbia last week.

Commenting on the demands for the dismissal of REM members, Popovic said she would refrain from simplifying things so much.

“It is legitimate to demand the resignation of all kinds of institutions, even regulators, but I wouldn’t simplify things so much. Reality shows are not the sole cause of this grave social trauma. It is all much more complex, the problem did not arise yesterday, it is not a product of one factor’s doing or failure to so something,” Popovic told N1 when asked to comment on the demand made Monday at the Serbia Against Violence protest in Belgrade for the dismissal of REM Council members.

She added that last week’s mass shootings in Serbia in which 17 people were killed were preceded by tens of years of collapse, building of the cult of violence and primitivism, criminalization and violence in all spheres of society.

“The easiest thing to do is to replace someone. If the system remains intact, and continues to function as it is, we have achieved nothing. We merely replaced individuals who are just some visible exponents of a general manipulation that is not present only in the media,” said Popovic.

She admitted that the REM failed to do its job and regulate the media sphere in Serbia, which, she said, is in a state of chaos.

Regarding the requests to regulate and even ban reality shows, Popovic explained that everything should be done in line with the Electronic Media Act, meaning that such content should be broadcast at night, when it is not that accessible to children.

She said that, in spite of everything, she would not ban reality shows because once censorship is introduced that will lead to new steps in the same direction.

“That is not a solution. If solving the problem of violence were that simple, I would say – okay, we will ban reality shows. But you have an audience of millions watching that,” stressed the REM Council member, adding that she would refrain from dividing and confronting the society “which has suffered enough and is still suffering.”

IJAS: Online Portal “Republika” to Respect Code and Privacy Rights of Victims’ Families

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The Independent Journalists’ Association of Serbia (IJAS) once again calls on all media to refrain from scandalous writing in these tragic moments and to respect the Serbian Journalists’ Code of Ethics. IJAS strongly condemns the writing of the online portal Republika about the funeral of those killed in the massacre in the vicinity of Mladenovac.

We remind the online portalRepublika not to further disturb the families of the victims with its writing and other accompanying multimedia content. It is extremely important in reporting such events that there is a spirit of compassion and discretion. This type of writing can lead to re-traumatization in the family of the victims, and in the audience to panic, because sensationalism in the entire public creates a sense of threatened security, resulting in collective fear, anxiety, agitation, withdrawal.

The Serbian Journalists’ Code of Ethics states that “a journalist must respect the privacy, dignity and integrity of the people he/she writes about, as well as think about the consequences of what he/she publishes, be guided by what is in the public interest and whether they threaten someone’s existence, health or life”.

We remind you that the basic provisions and guidelines of the Serbian Journalists’ Code of Ethics in such tragic events are related to the protection of privacy and that the journalist is obliged to respect the privacy, dignity and integrity of the people he/she writes about.

IJAS

9.5.2023

CROATIAN MEDIA: OVER 830 SEXIST ARTICLES COUNTED IN TWO MONTHS

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An informal network combating sexism in the media and advertising industry has collected over 830 sexist articles in Croatian media in just two months. The Network, established on March 8th, stated that sexual objectification of women is the most common form of sexism, identified in 358 articles. This was followed by derogatory and trivializing reporting on the appearance or behavior of women, noted in 245 articles. The next most common category is the promotion and reinforcement of gender stereotypes, observed in 108 articles, followed by the reproduction and perpetuation of gender stereotypes regarding victims of gender-based violence in 91 articles. There are also misogynistic or hate speech articles, as well as homo/bi/transphobic articles, of which 31 were listed.

The informal network found the highest number of problematic articles on Dnevno.hr, followed by 24sata.hr, Net.hr, and Slobodna Dalmacija.

“Considering that the media are the main creators of public opinion, we can conclude that such reporting greatly contributes to gender inequality, humiliates women, and reduces them to (sexual) objects intended for male gaze. Unethical and insensitive reporting on gender-based violence supports violence, while the promotion of gender stereotypes through media articles contributes to ‘reducing’ women to traditionally gendered roles solely as mothers and homemakers, secondary and subordinate to men,” the Network stated, warning that such reporting by the media violates laws and codes to earn clicks at the expense of women’s bodies and lives.

Although the Network has repeatedly reported various media to the authorities, most editorial boards ignore the warnings and recommendations and continue with misogynistic reporting practices.

The informal network consists of the Center for Civic Initiatives Poreč, Center for Social Development, Research and Innovation – INOVA, Women’s Group Karlovac “Step”, Association “Sofia”, Association of Rainbow Families, SOS Rijeka – Center for Nonviolence and Human Rights, Nansen Dialogue Center Osijek, Center for Women’s Studies, Association ZUM, Association “HERA” Križevci, Center for Support and Development of Civil Society “DELFIN”, and the Croatian Youth Network as a supporting member. The Network announced that it will continue to monitor the media and advocate for stricter sanctions against those who repeatedly violate laws and codes.

The Network was established during the implementation of the project “Our Daily Sexism.” The project is implemented by the Center for Civic Initiatives Poreč in partnership with the Croatian Journalists’ Association and the Icelandic Women’s Human Rights Organization Kvenréttindafélag Íslands, funded by Iceland, Liechtenstein, and Norway through the Active Citizens Fund under the EEA Grants in the amount of 89,812.51 euros.

Source: CJA

CJA CONDEMNS SMEAR CAMPAIGN AGAINST NOVOSTI WEEKLY

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The Croatian Journalists’ Association expresses concern over a systematic campaign that has now shifted false and dangerous accusations against the Novosti weekly and the journalists working there to the parliamentary benches. The last two parliamentary sessions have been marked by shameful, dangerous, and unacceptable statements by MPs such as Željko Sačić (Croatian Sovereignists), who accused Novosti of spreading anti-Croatian propaganda and accused Croatian Serbs of inciting terrorism and spreading Chetnik ideology. Sačić was supported by Nikola Grmoja from the Bridge party, claiming that Novosti does not address issues of interest to the Serbian national minority and putting forward the dangerous idea that they should only be allowed to address such issues.

Joining the chorus of dangerous attacks, MP Ružica Vukovac (For a Just Croatia) criticized Novosti, alleging that they publish falsehoods about the Homeland War and World War II, among other things, and asserting that the said weekly spreads intolerance towards the majority Croatian people. During a parliamentary debate last week, the same MP called for proceedings against Novosti’s editor, Andrea Radak, for allegedly inciting intolerance. In a ludicrous accusation, Ružica Vukovac called on the Minister of Internal Affairs to initiate proceedings against Novosti’s editor based on amendments to the misdemeanor law. Responding to such an extremely dangerous accusation, the Speaker of the Croatian Parliament, Gordan Jandroković (HDZ), stated that calling for persecution because of what some newspapers write is unacceptable.

This instigative and dangerous rhetoric by certain MPs mirrors the writings of Hrvatski tjednik, which has long spread hatred towards Novosti and its colleagues, who are prominent Croatian journalists decorated with numerous awards from the Croatian Journalists’ Association. The CJA understands that such a campaign is not accidental, but warns that this rhetoric, which has moved from obscure weeklies to parliamentary benches, is extremely dangerous and amounts to openly targeting our colleagues. Therefore, we ask: who will take responsibility if something happens to journalists and employees at Novosti?

The CJA fully supports colleagues who are the targets of dangerous accusations aimed solely at discrediting and ultimately shutting down this weekly, while at the same time these MPs have no issue with instigative weeklies spreading hatred and historical revisionism.

For the Executive Board of the CJA

Hrvoje Zovko, President

Tabloids in defence of Government: Pamphlets and new targeting of opposition

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PHOTO: Pixabay.com

Ever since the opposition announced the “Serbia against violence” protest rally Saturday, pro-government tabloids have published a series of articles, ie pamphlets, targetting representatives of the opposition and presenting them as “thugs”.

Kurir daily published an article titled „DO YOU WANT TO SHOOT TOO? Part of the opposition threatens the state: If you don’t fulfil our demands, WE WILL TAKE MEASURES ADEQUATE TO THE POWER OF THE TRAGEDY.“

They state that the opposition is using the moment for a political fight and that „now they are counting on the citizens’ overwhelmed emotions.“

„Hence the big words: ‘They will take measures that are adequate to the power and magnitude of this tragedy.’ What does this mean? Will they shoot? Will they kill seventeen people? We are all appalled by examples of children imitating criminals. And these are supposedly mature and responsible people! It is pitiful and miserable to threaten new bloodshed in Serbia, today!“, says the Kurir text, which, like other tabloids, is not a journalistic text but in the form of a commentary or a political pamphlet.

Other newspapers and their portals also published headlines such as „The opposition calls for riots,“ „They are using the tragedy for cheap points,“ „For years they have been creating a sick atmosphere that favours the emergence of tragedies,“ etc.

Many of these almost identical texts published on different portals are often unsigned, and it is impossible to determine the source or who published them first.

„It is a big problem when people are unaware of themselves or their actions. There are a million examples when the same quasi-patriotic gang that ‘advocates for peace’ provoked violence on the streets, demolition of the Assembly premises, demolition of cars, fights in the Assembly, death threats to the President of Serbia…“, reads the text published on the Informer portal.

It adds that „by promoting and practising verbal and physical violence, the opposition has been creating a sick atmosphere in society for many years, which favours the occurrence of tragedies.”

„Serbia is strong today, thanks to President Vucic. Today, it is strongly united because of ALEKSANDR VUCIC. Aleksandar Vucic gave us back our dignity and some peace. Long live Serbia! Stop the violence!,“ says at the end of one of these supposedly „journalistic articles.“

In one of the tabloids, Miroslav Aleksic is directly called out for publicly calling for violence.

“Our question for you, Miki, is: Does that mean he will pick up a gun and start shooting? As a ‘citizen’ against his political opponents? Until now, the people have only stayed away from such people, because there is no need to have anything to do with such an ignorant and hypocritical person. But what happens when that ignorant person announces a brutal attack in order to achieve his goals?,“ it added.

The tabloids state that „such politicians don’t shy away from anything, it’s just important to get what they need. We wonder what the next step is, how far he will go and whether Aleksic’s words are actually a warning“.

„And while Vucic is taking all measures to protect the citizens of Serbia, Aleksic wants to play the game of war. Too bad, Aleksic, however, we didn’t expect anything else from them. The student surpassed the teacher,“ states one of the propaganda pamphlets.