The Council for Electronic Media (VEM) has received two complaints over the past two months regarding the use of the salute “Za dom spremni” in the HRT programme and on the Narod.hr portal, and has decided that in both cases the conditions for imposing measures for promoting a fascist regime were not met.
In the case concerning HRT, VEM ruled on a complaint filed by a citizen regarding a segment broadcast during a live report in the HRT News on 4 July, when a 26 year old shouted “Za dom spremni”, which was followed by a police report and a decision by the Zagreb Municipal Misdemeanour Court that provisionally acquitted the young man of disturbing public order and peace.
VEM discussed the case of the salute being aired on public radio television, after receiving HRT’s statement, at its session on 21 August, the same day the Prime Minister and the Minister of the Interior answered journalists’ questions about the misdemeanour liability of individuals who shout the controversial salute.
In explaining its decision, VEM emphasised that the procedure did not establish grounds for initiating measures under the Electronic Media Act relating to the promotion of ideas of fascist, Nazi and other totalitarian regimes.
“The segment in question was not pre produced, but rather a live report by a reporter during the News, and in live broadcasting it was not possible to predict or influence the behaviour or statements of individuals. The purpose of the segment was to inform the public about a concert by Marko Perković Thompson and related events in the city of Zagreb, where a large number of citizens and visitors had arrived the day before the concert, and not to promote ideas of fascist, Nazi or other totalitarian regimes,” the response to Hina states.
VEM further explained that journalists should not automatically be held responsible for the words of their interviewees, especially those who spontaneously appear in the frame during live reporting.
“The journalist’s passivity or lack of reaction at the moment the salute ‘Za dom spremni’ was uttered is not sufficient to conclude that she participated in hate speech, and in this specific case the journalist did not initiate, share, encourage or support the salute. Therefore, sanctioning a media outlet for the journalist’s lack of reaction, particularly given that she did not incite the actions of the person who suddenly appeared on screen and considering the context of a live news broadcast, would jeopardise the media’s contribution to reporting on matters of public interest,” VEM stated.
They also concluded that the mere fact that the journalist did not manage to react during the segment is not enough to shift responsibility onto her for speech expressed by others. Therefore, VEM concluded that the legal conditions for initiating measures under the Electronic Media Act were not met.
On the other hand, VEM also rejected a complaint by CGI Poreč (Centre for Civic Initiatives Poreč) against the Narod.hr portal regarding an article published in early July which, according to CGI, contained speech conducive to inciting hatred and discrimination and affirmed the Ustasha salute “Za dom spremni”, including the author’s closing message stating: “Za dom spremni! You forced me to say it!”
“In its decision, VEM states that there are no grounds to initiate proceedings, even though the same regulator sanctioned the programme Bujica (Z1 and STV) in January 2024 over the very same salute, invoking Article 14 paragraph 2 of the Electronic Media Act. At that time it was unequivocally established that the content incited hatred and discrimination, resulting in a four hour broadcasting ban. The question that arises today is what has changed?” CGI Poreč stated.
At the Council for Electronic Media, however, they say that the decision regarding the text on Narod.hr cannot be directly linked to another case and a different decision concerning the temporary revocation of the concession from broadcasters Z1 and SBTV over content aired in the programme Bujica on 8 December 2023.
“In that case, the host (Velimir Bujanec) explicitly supported the salute ‘Za dom spremni’. Instead of distancing himself, he actively encouraged it, specifically toward members of the Serbian national minority, which could incite or facilitate the spread of hatred toward that minority,” VEM stated, adding that this is not present in the reported article published on Narod.hr.
“Specifically, the author expresses his opinion on the connotation of the salute ‘Za dom spremni’, attempts to justify its use today and criticises proposals for its ban. The text does not contain calls for violence against minority groups or individuals, nor elements of incitement, facilitation of incitement or the spread of hatred,” VEM concluded.