(ARTICLE 19/IFEX) – In a 17 July 2002 letter to Montenegrin Prime Minister Filip Vujanovic, ARTICLE 19 expressed its concern over the news that Slavko Perovic, a spokesperson of the Liberal Alliance, stated on 15 July that his party intends to propose amendments to the existing 1998 Public Information Law. The adoption of the said […]
(ARTICLE 19/IFEX) – In a 17 July 2002 letter to Montenegrin Prime Minister Filip Vujanovic, ARTICLE 19 expressed its concern over the news that Slavko Perovic, a spokesperson of the Liberal Alliance, stated on 15 July that his party intends to propose amendments to the existing 1998 Public Information Law.
The adoption of the said amendments would be in lieu of the adoption of three rather progressive draft media laws that have been prepared over the past year by a working group established by the government and including representatives of civil society: the Media Law, the Broadcasting Law and the Law on Public Broadcasting Services “Radio of Montenegro” and “Television of Montenegro” (Law on Public Broadcasting Services). The draft laws were due to be discussed on 17 July in a debate on media reform in the Montenegrin government. International organisations such as the Council of Europe and non-governmental organisations such as ARTICLE 19 have also participated in the debate towards the adoption of such laws, as well as providing recommendations at different stages of the drafting process to ensure compliance with international standards of freedom of expression.
In its comments on the draft legislation, ARTICLE 19 very much welcomed the proposed media laws, as they represent a significant step forward in terms of respect for freedom of expression and would establish Montenegro among the leaders in the region on broadcasting issues. Indeed, the draft Broadcasting Law aims to regulate independent broadcasting in Montenegro, while the draft Law on Public Broadcasting Services would transform the existing state broadcaster into a genuine public service broadcaster, “Radio and Television of Montenegro”. The Media Law would replace the existing Public Information Law as well as a number of other regulations.
Instead, the draft Law on the Changes and Amendments of the Public Information Law (the draft amendments), as proposed by the Liberal Alliance, would effectively cement the status quo, perpetuating the current legal obstacles to media freedom.
The draft amendments have been proposed by the Parliamentary Group of Liberal Alliance of Montenegro, which, together with the opposition coalition “Together for Yugoslavia”, which they joined at the end of June, controls two-thirds of Montenegro’s municipalities. The proposed amendments will, inter alia, potentially result in the government’s ability to influence the appointment of editors-in-chief for State Radio and Television, as well as for the daily newspaper “Pobjeda”.
ARTICLE 19 is extremely disappointed that initiatives to create fair and transparent regulations for independent broadcasting and to establish a genuine public service broadcaster might be abandoned by the new government. In particular, public service broadcasting is essential in providing access to the media for all segments of society and in ensuring that the population receive information in the public interest. The aim of providing the public with timely and accurate information, cited as one of the reasons for the amendment of the current Public Information Law, can be better achieved through the existence of a functioning public service broadcaster rather than through the amendments proposed by the Liberal Alliance.
ARTICLE 19 also believes that provisions for the regulation of media outlets’ editorial boards are a hindrance to free expression: it runs counter to the principle, crystallised by the case-law of the European Court of Human Rights, that all media ought to be truly free from governmental interference with regard to their editorial policies. The fact that the authorities might be able to exercise direct control on the appointment of the head of editorial boards is even more alarming.
Furthermore, ARTICLE 19 has recently received communications indicating that a new election law is also currently under consideration, which would create possibilities of substantial governmental interference in the work of the private media during election periods.
Recommended Action
Send appeals to the prime minister:
– urging his government to abandon any consideration to retain the Public Information Law and instead complete the process of harmonisation of Montenegrin law with international standards through the adoption of progressive and specific legislation
Appeals To
Mr. Filip Vujanovic
Prime Minister
Government of the Republic of Montenegro
Fax: +381 81 242 329Please copy appeals to the source if possible.
