The results of a survey conducted by the OSCE Mission to Serbia (hereinafter, OSCE) in 2008, in conjunction with the Centre for Political Studies and Public Opinion Research of the Institute of Social Sciences (hereinafter, the Institute), show that the change of regime in 2000 did bring about the liberation of the media sphere from total control by the regime and censorship.

However, the conditions for full autonomy in the media and the enjoyment of media freedoms and rights, i.e. the rights that the media and journalists exercise in the name of general public, still do not exist. The media system is characterised by a belated and incomplete process of transition, an accelerated pace of commercialisation in a cash-strapped and unregulated market, a drawn-out transformation of ownership, weaknesses in legal regulations and law-enforcement institutions, the modest financial power of the media, a low level of professionalism and a large number of attacks on journalists. In a variety of ways, these all have had an impact on the manner in which the media carries out its important social functions.

Th e principal objective of this survey has been to assess the real extent to which media freedoms and rights in Serbia in 2008 are threatened, i.e. to examine the spread, forms, intensity and factors exerting pressure on the media and inciting attacks on, and threats to, the media and journalists. For the purpose of this survey, attacks on journalists and the media entail any violations of media rights and freedoms involving the use of force, as well as threats and various other types of pressure, motivated by the reporting of a particular media outlet or journalist, or by the very fact that the person assaulted is a journalist. Th e survey was divided into two phases.

Over the course of the year, OSCE researchers monitored and documented cases of attacks on journalists. The methodology used was based on field research. This meant direct contact with assaulted journalists and taking their statements about the incidents, as well as daily monitoring of the media and the recording of all known incidents.

The results of this part of the survey showed that in 2008, according to available information, 138 attacks on journalists were reported in Serbia. Of this figure, 76 were physical assaults on journalists and their property, while 62 involved verbal attacks, pressures and various other attempts to thwart journalists in their eff orts to carry out their assignments. Eight court rulings against journalists were also recorded.

The figures pertaining to attacks on journalists in the course of this year are not fi nal but these are the data that the OSCE managed to collect, using all the available information that could be obtained. The fact that some journalists are reluctant to go public with information on attacks must be taken into consideration.

Th e OSCE conducted the second phase of the survey in collaboration with the Belgrade-based Institute. As part of the poll, the Institute distributed questionnaires to 439 media outlets in Serbia (97 newspapers, 205 radio stations and 137 TV stations), with the objective of assessing the perceptions of media editors and journalists who had been exposed to pressures, attacks or threats as regards the reasons for undermining media freedoms and rights, the possible consequences of the said pressures and attacks, and measures for the better protection of media freedoms in future. In the poll, 328 media outlets replied but 22 were eliminated because they failed to meet the criterion for sample selection, which meant that the total number of the eligible replies received was 306.

According to the survey data, 80% of citizens and as many as 95% of journalists believe that there is control or censorship of the media in Serbia. However, media freedom today is not in the spotlight as a social or professional issue.

Several institutions and professional associations whose activity is, above all, focused on recording instances of media freedom violations and alleviating their detrimental impact, are addressing this problem. The issue of media freedom is discussed in public solely on the anniversaries of still unsolved murders or attempted murders of journalists and in relation to the World Press Freedom Day.

No domestic entity is engaged in systematic research into media freedoms and rights, hence, no comparative reviews in Serbia are available of the state of media freedom over a longer period of time, including cases of violations, the most frequent forms of such violations, their perpetrators, etc. Th is lack of relevant sources undoubtedly limits the possibility of approaching this problem in a systemic manner, consequently resulting in the absence of a sustainable solution to the problem.

Whenever media freedom and attacks on journalists in Serbia are mentioned, we must recall the unresolved murders of Dada Vujasinović, Slavko Ćuruvija, Milan Pantić, and the unsolved attempt on the life of Dejan Anastasijević. As long as the perpetrators of these and many other unsolved crimes are not identifi ed and brought to justice, there will be no media freedom in Serbia of a level that can be considered acceptable.

In this survey, media freedom entails freedom of expression, freedom to gather, publish and disseminate information, freedom of information flow and media openness to diff erent opinions, freedom of editorial policy and media independence, right of access to information, right to monitor and criticise the government and public institutions and other professional rights of journalists that do not undermine the rights and reputation of others, general security and public order.

Th e OSCE would like to thank all the contributors who have made this publication possible, above all, the Institute, i.e. the research team consisting of the expert advisor and head of the Centre for Political Studies, Dr Dragomir Pantić, expert associate Dr Jovanka Matić and researcher M.Sc. Zoran Pavlović, as well as Zlatko Minić and Anka Milošević, BETA news agency journalists and independent researchers involved in this project.

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The Organisation for Security and Cooperation in Europe (OSCE) Mission to Serbia
Media Department
April 2009, Belgrade

Recommendations
❏ Journalists who have been the victims of violations of media rights and freedoms in Serbia, as well as their media companies, should report each and every incident to the competent state organs, domestic and international journalist associations and international organisations.

At the same time, in order to fulfi l their mandates and meet their legal obligations, competent state organs must do everything in their power to investigate and prosecute cases concerning violations of media rights and freedoms, identify the perpetrators and bring them to justice. The murders of Dada Vujasinović, Slavko Ćuruvija and Milan Pantić, as well as the attempt on the life of Dejan Anastasijević, must be solved. As long as the perpetrators of these grave crimes are not brought to justice, Serbia will not enjoy an acceptable level of media freedom.

❏ The privatisation of media outlets in Serbia should be continued and completed in its entirety. Th e media will be only relieved of interference and pressure on the part of political structures and economic centres of power to change their editorial policies if they are fi nancially independent and not fi nanced from the budget.

❏ In cooperation with international organisations and journalist associations, the government of the Republic of Serbia should focus its expertise and funds in 2009 on strengthening the institutions monitoring the implementation of media laws and journalists’ associations (NUNS and UNS). For their part, NUNS and UNS should bring the process of forming the Press Council to completion.

❏ The Ministry of Culture of the Republic of Serbia, as well as other ministries whose mandates may include the draft ing of a media law or a piece of legislation related to the media sphere, should bring the process of reform of media legislation to conclusion in 2009. Th is applies, above all, to the adoption of the Law on Media Concentration Prevention and Ownership Transparency, the Law on Electronic Media, amendments and addenda to the Broadcasting Law and the Law on Public Information, and others.

❏ In the meantime, the implementation of existing media laws should be improved. Th is relates to the Public Information Act, Free Access to Information Act, Public Broadcasting Act, Advertising Act, and Telecommunications Act.

❏ To solve the problem of media rights and freedoms in Serbia in a systemic manner, a strategy for the advancement of media freedoms, which sets out clear guidelines regarding the directions for the activities of all competent institutions, should be draft ed. Representatives of all competent ministries, journalists’ associations, non-governmental organisations, media industry, international organisations and independent media experts should take part in draft ing the strategy.

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