Regulatory authority for electronic media’s (REM) dependence on the government, the problem of non-transparency of media ownership, as well as impunity for attacks on journalists – are the main problems on the media scene in Serbia, according to the report Rule of Law and Media Freedom in Serbia – Shadow Report for 2024, which was prepared by the Independent Journalists ‘ Association of Serbia (IJAS) and the Italian think tank organization OBCT.
The report provides an updated and comprehensive analysis of Serbia’s media landscape and points not only to positive steps forward, but above all it points to remaining and new challenges that need to be addressed. The European Commission published a Report on the rule of law where, in addition to the EU member states, it included candidate countries (and Serbia) for the first time in its mechanism for monitoring the rule of law and it calls on competent national authorities to resolve potential risks. One of the four areas covered by the reports is dedicated to freedom and pluralism of the media and deals with a number of media issues ranging from the legislative framework, the work of regulators and public services, to the safety of journalists and the functioning of the media market.
The report of IJAS and OBCT is a contribution to monitoring the rule of law of the EU Commission.
The Shadow Report states that REM’s problem is not breaking the law, but failing to enforce it.
“Without real enforcement by an independent regulator that can exercise proportional influence without the interference of the authorities, but also license holders, owners and media magnates inclined to protect their interests, such concepts will not yield tangible results,” the Shadow Report states.
It indicates that REM still refuses to grant a fifth license. Special emphasis is placed on reducing the quality control of the new conditions and criteria for issuing licenses for the provision of media services in the Rulebook, i.e. that there is no longer a minimum of 20 percent of the program dedicated to documentary, scientific-educational, cultural-artistic and children’s programs.
It is noted that the appointment of REM Council members depends on the approval of the National Assembly, with the naming of independent candidates by authorized nominators also approved by the National Assembly, and this leaves the process still open to political manipulation.
After all, in November 2023, the European Commission found that “REM failed to prove its independence in a consistent manner and to fully realize its competences when it comes to the protection of media pluralism.”
The question of media ownership is still a big problem, because it is difficult to discover the ultimate ownership, and many owners are registered through subsidiary companies. The report states that the owners of the four private media service providers whose licenses were renewed by REM in 2022 are media magnates with ties to Serbian Progressive Party (SNS). This is reflected in their media coverage, but ultimate ownership data is not always readily available.
The Report states that the new Law on Public Information and Media, despite seemingly liberalizing language in other aspects, is quite regressive in terms of ownership and that it allows the state, through Telekom Serbia (which is the only company partially owned by the state, and which performs the activity of electronic communications), to legally and officially be the owner of the media.
The Report states that the problems related to the safety of journalists have nothing to do with the law, but with implementation and enforcing the laws, and that “the police force and the judiciary are in a way complicit, because they allow the perpetrators to operate with a “policy of impunity” thanks to the fact that they are unable or unwilling to intervene when there are threats or actual violence against journalists”. According to the report, the acquittal for the murder of Slavko Ćuruvija “does not send a clear message that attacks and violations of the security and rights of journalists will not be tolerated.”
IJAS recorded 75 incidents in its database in 2024 alone. 43 serious incidents were recorded in the SafeJournalists database, including 31 serious threats, 8 physical attacks and 4 other threats.
Unlike the European Commission’s Report, the Shadow Report contains recommendations for each of the nine individual areas that go in the direction of further harmonizing Serbian regulations with the new European media legislative framework, but also consistent implementation of the Media Strategy and associated action plan and monitoring of the implemented activities.
The entire Shadow Report with recommendations can be downloaded on the IJAS website.