(ANEM/IFEX) – The following is a 28 December 2006 ANEM press release: COURTS NOT TO HAMPER COMPETENCE OF REGULATORY BODIES Belgrade, December 28, 2006 – The Association of Independent Electronic Media (ANEM) strongly protests over the confiscation of broadcasting equipment belonging to Mladenovac-based RTV M Plus, an ANEM member station. While the Serbian Broadcast Agency […]
(ANEM/IFEX) – The following is a 28 December 2006 ANEM press release:
COURTS NOT TO HAMPER COMPETENCE OF REGULATORY BODIES
Belgrade, December 28, 2006 – The Association of Independent Electronic Media (ANEM) strongly protests over the confiscation of broadcasting equipment belonging to Mladenovac-based RTV M Plus, an ANEM member station.
While the Serbian Broadcast Agency (RRA) and Serbian Telecommunication Agency (RATEL) try to put into practice the decisions of the public competition for broadcast license issuing in the territory of Belgrade, dealing with revolt and radio piracy, the authority of independent regulatory bodies has received another, rather severe, blow in Mladenovac.
Acting upon a complaint by the Public Company for Information Mladenovac, on the basis of property intrusion, which was in fact only a disguise for the charge of damaging jamming, the Municipal Court in Sopot brought a provisional measure, without any proceedings, to confiscate the broadcast equipment of RTV M Plus, even though RATEL has the absolute competence to deal with such complaints. The provisional measure was put into practice, so as of Wednesday, this station does not broadcast on one of its two radio frequencies and TV channel.
In a situation where RRA is the only body empowered by law to pass measures for broadcasters, including the measure of seizing licenses for broadcasting, and RATEL is authorized to take measures to prevent damaging jamming, ANEM is strongly convinced that interference by other unauthorized bodies is utterly unacceptable. The courts have the right to review decisions brought by independent regulatory bodies in cases that are in line with the Administrative Dispute Act, but not to deal with issues of damaging jamming in lawsuits for property intrusion.
ANEM notes that this is a drastic case of freedom of speech suppression. The Association thus urges legal bodies to respect the competence of independent regulatory bodies and to revise the evidently wrong decision brought by the Sopot Municipal Court without delay. ANEM also urges regulatory bodies to enable RTV M Plus to continue program broadcasting, paying particular attention to the fact that public competition for license issuing for program broadcasting on the local level is yet to be announced.