Subject: Violations of Freedom of the Press in Serbia
Date: Mon, 19 Oct 1998 14:19:55 +0200
X-MSMail-Priority: Normal
The Belgrade Centre for Human Rights
Mlatisumina 26/I, 11000 Belgrade, Yugoslavia
tel/fax (381 11) 344 1203; 432 572
10th October 1998
Violations of Freedom of the Press in Serbia
The Serbian government issued a decree which provides that media can be shut down if they transmit foreign news programs or if they "disseminate defeatism" and act contrary to the "conclusions" of the Yugoslav and Serbian parliaments (for the text see annex). During the last week three Belgrade based independent newspapers were banned under this decree. In the meantime, the government announced that on Tuesday, October 12th, it shall ask the Serbian parliament urgently to adopt a new media law, presumably that same day. It is expected that the new media law shall contain most of the provisions of the decree. However, content of the new law has not been revealed to the public. It will be pushed through the Parliament in order to escape criticism of the public. The last government proposal of the media law, published in Spring 1997 by the then minister of information, Ms. Milentijevic, was sharply criticized by experts, journalists and general public. Obviously, this time the government chose not to consult a
nyone and to tailor the media according to its needs.
In June 1998, the Belgrade Centre for Human Rights published "A Model Media Law"* which was drafted by its team of legal experts and with participation of a number of respected Serbian journalists. The Model Media Law was widely distributed and sent for comments to the ministries of information of the governments of Serbia and Yugoslavia. The idea was to establish a dialogue between the government and the public on the issue of new media law. Unfortunately, no state official ever responded to the invitation.
As far as the present decree on the media is concerned, it severely restricts freedom of the press. Its provisions are violating the Serbian as well as the federal constitution:
1. According to the constitutions, no restrictions of human rights shall be adopted except by the law. This time, restrictions were introduced by a simple decree.
2. According to the constitutions, dissemination of a certain issue of publication may be banned only by the decision of a competent court, for clearly defined reasons. Under the decree, further publishing of a publication may be temporarily banned. Moreover, the ban is introduced by a state ministry and not, as the constitutions explicitly require, by the court.
3. Under the federal constitution, only when the state of war is declared, other restrictions of human rights may be introduced by the federal parliament of by the federal government's degree if the federal parliament is unable to convene. Neither the state of war nor the state of imminent danger of war was declared, although the federal parliament was in session immediately before the decree was adopted. Furthermore, the decree was issued by the Serbian government which is also contrary to the federal constitution.
4. Under Serbian law, human rights may be restricted when the state of war or a state of emergency is declared. These provisions are contrary to the federal constitution, as this is the exclusive domain of the federation. Nevertheless, the Serbian government did not even comply with Serbian law, which provides that restrictions of human rights in times of emergency or when the state of war is declared, are introduced by the Serbian president and not by the government.
The Decree severely violates both the federal law and the law of Serbia. Furthermore, it is in a clear contravention of Article 19 of the International Covenant on Civil and Political Rights (ICCPR), which provides that restrictions of the press must be "provided by law". In this case, such a law does not exist. Moreover, the Decree violates the principle of legality enshrined in Article 15 of the ICCPR, as it provides severe punishment (banning of newspaper) for vaguely defined "violations" such as "defeatism", which are not defined by any law and whose interpretation is left solely to the government.
ANNEX
Decree on Special Measures in the Conditions of the Threat of an Armed Attack by the NATO Alliance against Our Country
issued by the Government of the Republic of Serbia on 8th October 1998.
(Excerpts)
(...)
Article 7
[Media]* shall be under the obligation to act in accordance with rights and duties of citizens to preserve territorial integrity, sovereignty and independence of the Republic of Serbia and the Federal Republic of Yugoslavia.
Article 8
[Media] shall not, during the [conditions of the threat of an armed attack by the NATO Alliance against our country], take over or transmit parts of programs or programs and texts of foreign [media] that are acting against the interests of our country, disseminating fear, panic and defeatism, or that are having a negative influence on the readiness of citizens to preserve the integrity of the Republic of Serbia and the Federal Republic of Yugoslavia.
In their programs or texts [media] shall not disseminate defeatism and act contrary to the conclusions of the Federal Assembly and the People's Assembly of the Republic of Serbia in which a whole-nation's unity over the vital national and state interests was expressed, and shall be under the duty to confront in their programs such an activity by the other [media].
Article 9
When a [medium] does not act in accordance with the duties under Article 7 of this Decree, the organ of state administration competent for affairs of information shall warn it of that duty.
In case the [medium] continues not to fulfil the duties under Article 7 of this Decree, notwithstanding the warning issued by the organ of state administration competent for affairs of information, its work shall be temporarily prohibited and its means of production shall be temporarily forfeited by the decision of the organ of state administration competent for affairs of information.
Article 10
When a [medium] acts contrary to provisions of Article 8 of this Decree, its work shall be temporarily prohibited and its means of production shall be temporarily forfeited by the decision of the organ of state administration competent for affairs of information.
Article 11
Against the decision under Article 9, paragraph 2, and Article 10 of this Decree, a complaint may be submitted to the Government of the Republic of Serbia in three days after the decision was received.
The complaint under paragraph 1 of this Article shall not prevent the execution of the decision.
(...)
Belgrade, 8th October 1998
The Government of the Republic of Serbia
Deputy Prime Minister
Dr. Vojislav Seselj
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