13/07/2011: MONTENEGRO – SEEMO WELCOMES DECRIMINALISATION OF DEFAMATION IN MONTENEGRO

Vienna, 13/07/2011

The Vienna-based South East Europe Media Organisation (SEEMO), an affiliate of the International Press Institute (IPI), welcomes the decision of the Montenegrin government to amend the Criminal Code and delete provisions pertaining to the criminalisation of libel and defamation. As of 9 July 2011, Montenegro is one of the few countries in Europe where defamation is not a criminal offence.

On 15 April 2011, the Government of Montenegro approved the decriminalisation of defamation, while the parliament adopted the amendments on 22 June 2011 during its Seventh regular session. The Official Gazette published them on 1 July 2011. Eight days after this publication the law entered into force.

SEEMO believes that defamation and libel should be decriminalised. Journalists in Montenegro have been frequently sued for defamation and consequently many media outlets prefer self-censorship to pursuing sensitive issues. With these amendments, the media environment in Montenegro has improved, and it is now up to the journalists to make sure that self-regulation is implemented, quality journalism pursued, and international standards met.

SEEMO believes that in defamation cases, civil rather than criminal laws should be used. However, abuses can happen, even if civil code is implemented. If journalists are subject to investigation and violate civil code provisions, sanctions should be commensurate with their income. Excessively high fines, which have occurred in several countries monitored by SEEMO, have a repressive effect: media outlets face closure and journalists abstain from writing about sensitive issues. Disproportionate fines hamper the freedom and independence of journalists. While positive legal changes are welcome, SEEMO considers the implementation of laws to be equally important. In this respect, SEEMO urges Podgorica authorities to train judges in media-related matters.

“I am pleased with the amendments to the Criminal Code,” said Oliver Vujovic, SEEMO Secretary General.

“However, I would like stress that the decriminalisation of defamation does not mean that journalists should relax. On the contrary, they should be motivated to observe international standards, check their sources of information, abstain from publishing unproven facts and pursue quality journalism. They have to establish their credibility. On the other side, the courts should intervene when standards are breached, but they should not use disproportionate fines to stifle media freedom.”

Vienna, 14/07/2011

Your Excellencies,

We are writing to you regarding the unsolved cases of attacks against journalists in Croatia.

The Vienna-based South East Europe Media Organisation (SEEMO), an affiliate of the International Press Institute (IPI), the Croatian Journalists’ Association (HND), and the European Federation of Journalists (EFJ) express their joint concern over the fact that three years after the brutal beating of the Croatian journalist, Dusan Miljus, the police have been unable to find the perpetrators or those who ordered the attack.

Miljus, an investigative reporter with the Zagreb-based daily newspaper Jutarnji List, was severely beaten on 2 July 2008. Two individuals with helmets attacked him with baseball bats. Miljus suffered a brain concussion and a broken arm.

After his recovery, Miljus was assigned round-the-clock police protection. Since then, police authorities have promised a quick solution to the case. Croatia’s minister of the interior, Tomisalv Karamarko, reiterated on several occasions that the police were on the right track. In fact, in December 2010, 12 people were detained for their alleged involvement in the attack. Ten of them were released and two were kept in detention for six months. In June 2011, the Public Prosecutor withdrew all charges against the two detained individuals due to lack of evidence.

As a result, three years after the attack, the investigation is back to square one.

SEEMO, HND and EFJ maintain that attacks on journalists cannot go unpunished. The three organisations urge the Public Prosecutor and the police to step up their efforts to track down those who attacked Miljus as well as those who ordered the attack.

In addition, the circumstances surrounding the 2008 assassination of high-profile Croatian journalist and editor of the weekly Nacional, Ivo Pukanic, have not been completely clarified. While those who planted the bomb which killed Pukanic and Niko Franjic, marketing manager of Nacional, were indicted, the masterminds behind their assassination were never found.

As a future member state of the European Union, Croatia should step up efforts to demonstrate that attacks on journalists will not go unpunished.

We thank you in advance for your cooperation.

Oliver Vujovic, Secretary General, SEEMO

Zdenko Duka, President, HND

Arne König, President, EFJ

Vienna, 14/07/2011

The Vienna-based South East Europe Media Organisation (SEEMO), an affiliate of the International Press Institute (IPI), believes that the proposed changes to the membership structure of the Broadcasting Council in the Republic of Macedonia / Former Yugoslav Republic of Macedonia will politicize this regulatory body, curtail media freedom, and reduce pluralism within the country.

The Broadcasting Council, a regulatory body that monitors electronic media and issues broadcasting licenses, thereby exerting crucial influence on shaping the country’s media landscape, is currently composed of nine members: two representatives from journalists’ associations, two from Skopje´s Cyril and Methodius University, two from the Academy of Sciences, and three representing Parliament. Until now, the Council has enjoyed independence and credibility, despite political pressure.

However, last week, several deputies from the ruling party (VMRO-DPMNE) suggested changes to the composition of the Council. They proposed that six new members should be added: two representing the President, two local authorities and two from other regulatory bodies. All of these institutions are controlled by the governing party. In practice, the proposed increase in Council members would mean that pro-government members would have the majority and be able to control all electronic media.

The parliament in Skopje is expected to approve these changes within two weeks, following the formation of the new government. Parliamentary elections took place on 5 June 2011. Accelerated procedures have been adopted.

This unexpected initiative regarding the reformation of the Broadcasting Council coincides with the closure of three daily newspapers: Shpic, Vreme and Koha e Re. As SEEMO reported on 12 July 2011, these papers allegedly owe one million Euros in unpaid taxes. The revenue office closed their accounts, which left them with no means to pay wages and basic printing costs. In addition, A1 TV, the popular critically-oriented private television station, has already reduced its programming, and faces possible closure. A1 TV allegedly owes nine million Euros in unpaid taxes. The owner of A1 TV, Velija Ramkovski, was detained in December 2010 and accused of tax evasion and financial irregularities

“I urge those who proposed the Council changes to rethink their decision. The Broadcasting Council should remain an independent body. Democracy needs pluralism, and I see pluralism disappearing in the Republic of Macedonia / Former Yugoslav Republic of Macedonia,” said Oliver Vujovic, SEEMO Secretary General.

Vienna, 15/07/2011

The Vienna-based South East Europe Media Organisation (SEEMO), an affiliate of the International Press Institute (IPI), condemns the latest attack on the Montenegrin daily newspaper Vijesti. On 14 July 2011, two clearly-marked company cars were torched right across the street from the National Security Agency. An unidentified person poured gasoline on the cars and set them ablaze. Nobody was injured. No other parked cars were targeted. Top Montenegrin politicians, including the president and the prime minister, condemned the attack.

In spite of their prompt reaction, Montenegrin authorities have not been efficient in creating an environment in which journalists can work free from pressure. As SEEMO reported in previous years, Vijesti has been a deliberate target on several occasions.

On 24 September 2010 Zeljko Ivanovic, one of Vijesti founders, and several other journalists received death threats by mail.

On 5 August 2009 Mihailo Jovovic, editor of Vijesti, and Boris Pejovic, a photojournalist, were physically attacked by the mayor of Podgorica and his son whilst documenting their illegal parking in town. The mayor’s son used his gun to threaten the journalist. Jovovic was treated in hospital for the head injury.

On 1 September 2007, Zeljko Ivanovic was physically attacked by several assailants near a restaurant, where the newspaper was celebrating its 10th anniversary. Ivanovic was injured and received medical help. Although the perpetrators of this attack were found, the masterminds remain at large.

“I urge the authorities in Montenegro to do everything in their power find the perpetrators, and prevent such incidents from happening in the future. It is in the interest of Montenegrin democracy that journalists be allowed to investigate stories free of any pressure,” said SEEMO Secretary General Oliver Vujovic.

Vienna, 18/07/2011

The South East Europe Media Organisation (SEEMO), an affiliate of the International Press Institute (IPI), joins the Croatian Journalists ´Association (HND) in demanding that Croatia´s public prosecutor investigate death threats allegedly made by top military officials against Croatian journalist Drago Hedl.

Hedl, who works for the Zagreb-daily Jutarnji List, has been writing about war crimes for the past twenty years. Initially, he wrote about the war crimes committed during the wars in former Yugoslavia (1991-1995). Currently, he monitors war crimes trials. As SEEMO has reported, Hedl has been threatened on numerous occasions.

According to information published in Jutarnji List on 13 July 2011, the latest threat occurred in 2010 when top Croatian generals allegedly discussed Hedl´s liquidation. According to the same source, a detained Croatian general admitted this in July 2011. Military officials were dissatisfied with Hedl’s coverage of the war crimes trial in Bjelovar (Croatia).

“I urge the Public Prosecutor to investigate the alleged death threats against Drago Hedl,” demanded Oliver Vujovic, SEEMO Secretary General. “It is unacceptable that in a country that will soon join the European Union, military officials can send death threats to journalists who investigate war crimes.”

Vienna, 25/07/2011

The Vienna-based South East Europe Media Organisation (SEEMO), an affiliate of the International Press Institute (IPI), welcomes the 19 July 2011 announcement by Serbia´s State Secretary in the Ministry of Justice, Slobodan Homen, that defamation and libel will be removed from the country´s criminal code in autumn 2011. Once parliament approves these changes, defamation and libel will be subject to civil litigation only.

SEEMO believes that defamation and libel should be decriminalised. The criminal code has frequently been used in defamation cases in Serbia and consequently many media outlets prefer self-censorship to pursuing sensitive issues. In some cases the criminal code has been used to sanction journalists and media even when they reported on official declarations by politicians and party leaders.

SEEMO believes that in defamation cases civil rather than criminal laws should be applied. However, abuses can occur even if only the civil code is used. If journalists are subject to investigation and violate civil code provisions, sanctions should be commensurate with their income. Excessively high fines, which have been levied in several countries monitored by SEEMO, have a repressive effect: media outlets face closure and journalists abstain from writing about sensitive issues. Disproportionate fines hamper the freedom and independence of journalists.

SEEMO joins the Serbian Journalists´ Association in their demand that Article 336 of the Criminal Code also be amended: according to this Article, it is forbidden to comment on court cases until the final sentence has been passed and implemented.

“I do hope that Serbia will decriminalise defamation and libel,” said Oliver Vujovic, SEEMO Secretary General. “If this proposal is approved in autumn 2011, Serbia will set an example to many EU countries in which defamation is still considered a criminal offence.”

Vienna, 25/07/2011

Nine days after two clearly marked Vijesti company cars were set ablaze on 14 July 2011 in front of the National Security Agency in Podgorica, Montenegro, on 23 July 2011 another car belonging to the daily was torched. The car was parked in another location.

The Vienna-based South East Europe Media Organisation (SEEMO), an affiliate of the International Press Institute (IPI), condemns the series of targeted attacks against the Montenegrin daily newspaper Vijesti.

Just like on 15 July 2011, when SEEMO reported the previous attack, top Montenegrin politicians condemned the latest incident.

However, despite the prompt condemnations, Montenegrin authorities have not been efficient in creating an environment in which journalists can work free from pressure. As SEEMO reported in previous years, Vijesti has been a deliberate target on several occasions.

On 24 September 2010 Zeljko Ivanovic, one of Vijesti founders, and several other journalists received death threats by mail.

On 5 August 2009 Mihailo Jovovic, editor of Vijesti, and Boris Pejovic, a photojournalist, were physically attacked by the mayor of Podgorica and his son whilst documenting their illegal parking in town. The mayor’s son used his gun to threaten the journalist. Jovovic was treated in hospital for a head injury.

On 1 September 2007, Zeljko Ivanovic was physically attacked by several assailants near a restaurant, where the newspaper was celebrating its 10th anniversary. Ivanovic was injured and received medical treatment. Although the perpetrators of this attack were found, the masterminds remain at large.

“The recurrent attacks on Vijesti lead me to believe that this daily is a deliberate target. I urge the authorities in Montenegro to do everything in their power to find the perpetrators, and prevent such incidents from happening in the future,” said SEEMO Secretary General Oliver Vujovic.

Vienna, 26/07/2011

The Vienna-based South East Europe Media Organisation (SEEMO), an affiliate of the International Press Institute (IPI), calls on the Kosovo authorities, political parties, and business and religious leaders to abstain from pressuring media and urges them to contribute to creating an environment in which media can operate freely.

In Kosovo, political and other forms of pressure are common. Both public and private media outlets are targeted. During the past two weeks, to mention but a few incidents, the Ministry of Trade and Industry decided to cut all relations with Pristina daily Zeri, while the imam of the main Mosque in Pristina, Shefqet Krasniqi, publicly attacked Koha Ditore newspaper.

In a separate development, the only public broadcaster, Kosovo Radio-Television (RTK), has been the focus of renewed political debate regarding the television time allotted to governing and opposition parties during news hours. Neither side promotes the concept of public broadcasting: they seem to perceive the public service as a shared party service.

On 16 July 2011, Mimoza Kusari-Lila, Minister of Trade and Industry, decided to end cooperation with Zeri. In an official letter the Ministry claimed to be dissatisfied with Zeri´s coverage of Ms. Kusari-Lila activities.

On 22 July 2011, Pristina´s imam Shefqet Krasniqi publicly labeled Koha Ditore as an “evil medium” and accused it of staging a campaign against him. His anger was sparked by an article on a lawsuit against him.

Meanwhile, government and opposition parties have been unable to pass a law that would regulate the functioning of RTK. It is now expected that the law will be discussed during the autumn 2011 parliamentary session. However, there is no agreement on how to address the main problem: RTK financing. The broadcaster has been financed by the parliament on a short-term basis and Kosovo’s government controls most of the managerial positions. Without an independent and secure source of financing, RTK will have difficulties operating as a public service.

“Public broadcasters are not government or party – sponsored broadcasters,” said Oliver Vujovic, SEEMO Secretary General. “Whichever party is in power, the public broadcaster should function as a public service, providing information of public interest. Public and party interests are not always the same,” he added. “I urge Kosovo authorities to secure a durable RTK source of financing. In addition, SEEMO condemns any form of political and religious pressure on media. A free and independent press is an essential pillar of democracy.”

Vienna, 27/07/2011

The Vienna-based South East Europe organization (SEEMO), an affiliate of the International Press Institute (IPI), condemns political and business pressure on media in Serbia, which is particularly pronounced in small towns. The latest victim is Timocka Televizija, a regional TV station based in Zajecar, South East Serbia.

SEEMO was informed that studio guests who provide information or comments on the operations of the copper mining complex RTB Bor receive verbal or telephone threats. They are warned that they will be beaten if they criticise the RTB Bor management. People are scared to appear on TV, SEEMO has learned. Furthermore, if a special program is announced in which RTB Bor may be mentioned, Bor authorities disable the land transmission of the broadcaster. This way, residents of Bor, 30 km from Zejecar, cannot see the channel.

“I urge the Belgrade authorities to do everything they can to guarantee media freedom in small towns where fear has been spreading,” said Oliver Vujovic, SEEMO Secretary General.

Vienna, 28/07/2011

The Vienna-based South East Europe Media Organisation (SEEMO), an affiliate of the International Press Institute (IPI), strongly condemns the latest wave of violence against journalists in Northern Kosovo.

Three journalists were beaten during the latest incidents which occurred on the Serbia-Kosovo border-crossing in Jarinje. One was seriously injured with head injuries.

On 27 July 2011, a Belgrade-based Tanjug agency film crew was attacked by a local mob near the village of Leposavic, in Northern Kosovo. The cameraman was beaten by local residents. His camera was snatched and was used to hit him on the head. He suffered serious head injuries. Another crew member was also beaten but his injuries were less severe. The Tanjug journalist, the only member of the team to escape beating, managed to take his colleagues to a nearby hospital.

The Tanjug film crew was covering incidents on the Jarinje border crossing between Kosovo and Serbia. On 25 July 2011 Kosovo police took over the border installations and Serb forces retaliated. On 27 July 2011, Serbian extremists, according to the official Belgrade explanation, set fire to, and bulldozed, border installations.

Kosovo declared independence from Serbia on 17 February 2008. Serbia does not recognize its independence.

In a separate incident, the Association of Professional Journalists in Kosovo reported that Bojan Bozivic, working for Albanian TV Klan was also beaten and his camera was broken in Northern Kosovo.

“I strongly condemn physical violence against journalists and call on the authorities to find and sanction the perpetrators. Even in crisis situations, journalists have to be protected,” said Oliver Vujovic, SEEMO Secretary General.