The latest draft versions of the Law on Public Information and Media and the Law on Electronic Media, developed by the Ministry of Information and Telecommunications, propose a framework that would block the reform of the Regulatory Body for Electronic Media (REM) and pave the way for a return to full state ownership of private media, including Telekom Srbjia. The MFRR is concerned that the proposed changes do not comply with international and European standards on media freedom and freedom of expression and diverge radically from the objectives of the Media Strategy adopted by the Government of Serbia in 2020.

First, the draft of the Law on Electronic Media does not foresee the election of new REM Council members after the adoption of the new law, despite the fact that the draft law prescribes completely new criteria for their election, as well as authorized proposers, as is foreseen in the Media Strategy adopted by the Government of the Republic of Serbia. The REM has faced both domestic and international criticism, including from the MFRR, for its lack of independence and politically-motivated decision-making processes. There has also been widespread criticism about how members of the REM are appointed. Proposed changes which would oblige the Council of REM to adopt the Code of Labour – a shift which would better regulate the ethics of its members – have also been disregarded. If passed, this proposal would solidify political control over REM and block much needed reforms to strengthen the regulator’s independence.

Secondly, the new proposal of the Law on Public Information and Media fails to establish legal provisions that would ensure that all media must meet ethical standards to receive public co-financing funding. Under the previous draft, sanctions issued by the Press Council could see media fail to receive public money from co-financing funding for public interest content. However, new rules provide a loophole for print and online media outlets which have not accepted the competence of the Press Council. For those media, such criteria would not apply, meaning they can continue to violate professional standards with impunity and still receive public funding. We fear this will disadvantage media which abide by professional standards and further encourage the dissemination of disinformation and violent rhetoric in the Serbian media landscape. This change was controversially included at the last-minute by the government and was not discussed in a wider Working Group established to discuss the draft laws, which comprises members of civil society and of the journalistic community.

Thirdly, the government also included in both draft laws an identical provision which would essentially facilitate the return to state co-ownership of private media in Serbia. Under the current Media Strategy, direct and indirect ownership of private media by the state is banned. However, the new law would formally allow the state to return to being the co-owner and founder of media outlets. This would formally legalise the ongoing ownership situation at telecommunications provider Telekom Srbija, which is majority state-owned, in violation of the current law. If passed, the MFRR fears the new law would further cement government control over Telekom Srbija and represent a damaging new form of media capture in an EU Candidate Country which is already experiencing its biggest crisis for independent journalism in years.

Finally, the MFRR highlights that the new proposals radically deviate from the Media Strategy, a landmark blueprint developed after widespread consultation with the journalistic community, which the government of Serbia has held up as proof of its commitment to positive reform of the media landscape. This new approach also undermines years of work by journalist associations and working groups to shape the laws and bring them closer in line with EU acquis and other European standards.

Our organisations warn that if passed, the new laws would undermine national and international confidence in the Media Strategy and pose serious questions for the government’s commitment to improve media freedom and pluralism as part of its potential accession to the European Union. Rather than ushering in positive steps in this direction, the last year has been marked by steps backward, as noted by many of our organisations following a visit to Belgrade, and in the most recent report of the European Parliament.

The MFRR therefore shares the concerns recently outlined by the Coalition for Media Freedom in Serbia, and calls for the government to reverse the problematic changes introduced in the two draft media laws and ensure that their provisions comply with international standards on freedom of expression. As the public debate on the legislation continues, we urge the government to return to discussions with the Coalition and other groups which remain committed to reform of the media landscape in Serbia in line with European values. Key provisions must be reintegrated into the draft laws, especially those which provide for more democratic management of the REM. Our organisations will continue to closely monitor the situation in Serbia and call for systemic media reform.

This statement was coordinated by the Media Freedom Rapid Response (MFRR), a Europe-wide mechanism which tracks, monitors and responds to violations of press and media freedom in EU Member States and candidate countries. 

The International Press Institute (IPI) today renews their serious concerns about the safety of journalists in Serbia, where independent media houses and their reporters face an intensifying and toxic climate of smear campaigns and political pressure directed by the government and public officials.

On 30 May, the private premises of the broadcaster N1 in the capital Belgrade was breached by around 30 protesters, who obstructed its work and demanded its editorial staff leave the building to face the “wrath of the people”. N1 and its journalists were accused of manipulating coverage of recent anti-government protests and the pandemic, and of working on behalf of foreign intelligence services.

While police were called and plainclothes officers were sent to take up positions outside the N1 building, they were not given orders to react and failed to remove the trespassers from the broadcaster’s private property. None of the protesters had their identification checked, according to media reports, and no arrests were made.

IPI and our global network are shocked by the lack of an adequate response by the police to this incident. While peaceful protest must be respected, trespassing of the premises of a media house clearly warranted appropriate action from law enforcement authorities. This raises serious questions about the ability of the police to protect journalists and must be immediately addressed by the Standing Working Group on the Safety of Journalists.

The security incident came days after the Serbian Prime Minister Ana Brnabić and Serbian Progressive Party MP Nebojša Bakarec spoke in the parliament and separately accused N1 and Nova S of spreading hatred and violence and creating a “sick atmosphere in society” which leads to the tragedies such as two recent mass shootings. The Prime Minister accused so-called “tycoon media” of poisoning the nation and “sowing hatred minute by minute, hour by hour.”

These comments were the latest in an escalating smear campaign against broadcasters and news outlets owned by United Media, a media house staunchly critical of the Serbian government and President Aleksandar Vučić. It is often viewed as the last major bastion of journalism operating independently from the ruling Serbian Progressive Party (SNS) and its network of business allies.

In recent weeks, United Media titles including N1, Nova S and Danas have been accused by multiple public officials of acting against the interest of the state, spreading disinformation, organizing anti-government rallies and being “fascist media”. These verbal attacks have been amplified by tabloid media and broadcasters supportive of the government.

IPI is alarmed by the dangerous escalation in rhetoric against critical media and journalists, which poses real life threats to the safety of journalists. Moving forward, IPI urges all government and public officials in Serbia to refrain from using hostile rhetoric and to lead by example in reducing tensions.

IPI notes that this situation again underscores the findings of both a coalition of international press freedom groups and the European Parliament, that no tangible progress has been made by Serbian authorities as part of their EU accession obligations to improve the landscape for media freedom. Independent journalism in Serbia continues to face a moment of crisis.

IPI renews support for the work of all professional and independent media in Serbia and calls for increased international attention to the plight of media freedom and pluralism in the country.

This statement was coordinated by IPI as part of the Media Freedom Rapid Response (MFRR), a Europe-wide mechanism which tracks, monitors and responds to violations of press and media freedom in EU Member State and candidate countries.

Ahead of World Press Freedom Day on May 3, our shared conclusion is that 24 years after the murder of Ćuruvija in 1999, poor conditions for the safety of journalists, the weak landscape for the rule of law, media capture and a festering climate of hostility towards critical reporting mean that the likelihood of a serious physical attack on a journalist remains a possibility. Independent journalism in Serbia continues to face a period of crisis.

The dedicated work being done by some stakeholders to prosecute attacks on journalists is being undermined by the wider climate of hostility being generated by leading politicians in Serbia. Until this is addressed and the public discourse regarding critical journalism is normalised, tangible progress will remain elusive.

These conclusions come after multiple meetings with independent journalists and editors, media associations and unions, the Standing Working Group for the Safety of Journalists, which included a representative of the Ministry of Interior.

Serbia exhibits a unique situation in which insults and attempts to discredit watchdog journalism stem overwhelmingly from leading politicians, including the President Aleksandar Vučić, Prime Minister Ana Brnabić  and ruling party MPs. Our assessment is that Serbia is one of the EU candidate states where journalists face the strongest verbal pressure and attacks from the state leadership. Critical and investigative journalism is still viewed by many public officials as an unpatriotic threat to be fought, rather than a healthy and necessary part of the country’s democratic fabric. 

This failure of the political class to accept and respect the role of critical journalism is dangerous. Smears launched by political figures are routinely picked up and reported by a network of tabloid media outlets owned by allies of the government who amplify the messaging, fomenting distrust and hatred against certain journalists. This behaviour by politicians normalises hostility towards independent media and, in many cases, acts as a signpost for physical as well as online threats by non-state actors.

It is no surprise that Serbia remains one of the most dangerous places in Europe, outside of Ukraine, to work as a journalist. In 2022, the Independent Journalists’ Association of Serbia (IJAS) documented 137 violations: 34 verbal threats, nine physical attacks, four attacks on property and 84 different attempts to pressure the media. Until the end of March 2023, 33 serious incidents were recorded: eight verbal attacks, three physical attacks and 22 acts of pressure on media and journalists. Investigative journalists probing high level crime and corruption are particularly at risk and are demonised as foreign mercenaries and national traitors.

While multiple state-backed initiatives have been launched to address the safety of journalists, their effectiveness is undermined by political attacks on journalists which compromise authorities’ efforts. The Standing Working Group on the Safety of Journalists, established in 2016, is an important initiative and a platform for the exchange of information between law enforcement authorities and media, allowing more systematic monitoring. The prosecutor’s office has established a network of dedicated contact points across Serbia which must act quickly in cases of threats. The 24/7 toll-free SOS helpline for journalists whose safety is threatened represents an important instrument for quick responses, along with networking of competent institutions and offering assistance to endangered journalists. In a welcome development, the number of physical attacks recorded in 2022 dropped compared to the previous year.

However, while law enforcement authorities have increasingly identified alleged perpetrators and brought indictments, justice has proven much harder to secure. In 2022, 81 criminal reports were submitted to the public prosecutor’s offices, yet just five convictions were reached. Though certain investigations have faced legitimate barriers in securing evidence, in some cases journalists complain that serious threats are assessed by prosecutors as not meeting the threshold of criminal offences. As of March 2023, 41,96% of cases submitted to the prosecutor’s office were dismissed for this reason. Journalists also raised concerns that politically sensitive cases, including attacks involving members of the ruling party, were not addressed appropriately. While the Standing Working Group functions adequately on paper and stakeholders are committed to its success, its work is undermined by a lack of political will and the wider climate of hostility. The separate Working Group for Security and Protection of Journalists, established in December 2020 with the backing of the Prime Minister, has been a failure.

On the other hand, the Commission for the Investigation of Murders of Journalists is another important initiative and has been fundamental in the fight for justice for Slavko Ćuruvija. Despite progress in the investigation of the Police Working Group within the Commission in identifying possible killers, the Prosecutor’s Office for Organized Crime continues to hesitate on taking over the investigation into the murder of journalist Milan Pantić, while the mysterious death of Dada Vujasnović remains unsolved.

Despite the many challenges, there are some positive developments this year. The March 2023 retrial verdict sentencing perpetrators including a former Belgrade (Grocka municipality) president to five years in prison for the arson attack on the home of journalist Milan Jovanovic is a welcome victory. With an appeal underway, however, justice for this attack has not yet been secured. Swift indictments and prosecutions in early 2023 for the threats made against journalists at OK Radio by a powerful businessman in Vranje were positive. The recent sentencing to one year of house arrest to a man who issued appalling death threats against TV Nova S journalist Jelena Obućina is also a welcome development. However, the willingness and ability to effectively prosecute such attacks appear to extend only to cases where there was political pressure or where the alleged perpetrators lack political connections, indicating a lack of independence of law enforcement bodies.

At the wider level, however, no progress has been made in strengthening the landscape for media freedom and freedom of expression. Media pluralism remains particularly weak, with independent broadcast media systematically disadvantaged in the market. The clearest example was the controversial decision in July 2022 by the Regulatory Body for Electronic Media (REM) to again award all four national frequencies to pro-government television channels, overlooking applications by independent media houses. A fifth licence has yet to be allocated. The REM continues to display a lack of functional independence and has failed to carry out its duty of sanctioning violations of broadcast law by private channels close to the government. Delays continue in the long-overdue reform of the law on public information and media and the law on electronic media.

The public broadcaster continues to suffer from a lack of editorial independence and displays clear bias in its programming and reporting in favour of the government. State advertising – which has for years been the largest advertiser in media – also continues to be distributed in an arbitrary and non-transparent manner, largely in favour of pro-government media outlets. Rather than being disqualified from the co-financing program for regular violations of journalistic ethics, as identified by the Press Council, tabloid media continue to receive large amounts of public money. This use of state resources is one of the prime levers for the government to co-opt and control media coverage. While the direct ownership of private media by the state is banned, the purchase by state-owned and controlled Telekom Srbija of multiple media assets in recent years has established an indirect state ownership model. This is a prime example of media capture in Serbia. Taken together, these developments have cemented a pro-government narrative at the expense of independent journalism.

In addition to physical threats, independent media also face numerous legal challenges. Investigative platforms such as KRIK are being buried under an avalanche of vexatious lawsuits, both civil and criminal, meaning they are forced to dedicate valuable time and money to defending themselves in court. While the courts have recently thrown out clearly vexatious lawsuits, Serbia continues to be one of the worst countries in Europe for Strategic lawsuits against public participation (SLAPPs) and the number of documented cases is on the rise. Plaintiffs are most commonly public officials, politicians, businesspeople and companies. A recent case involving two SLAPP cases initiated against BIRN by the mayor of Belgrade is a prime example.

Overall, media freedom in Serbia remains in a poor condition. No one has yet been ultimately found guilty of the murder of a journalist. The climate of threats against journalists is at its worst point in many years. Media pluralism continues to be weak, with the ruling party overseeing a captured media ecosystem. The shared view of our international organisations is that, while important work on effectively prosecuting attacks on journalists has had a positive impact, this progress has been undermined by engrained challenges in ultimately securing justice and the wider climate of hostility towards critical journalism being fostered by political leaders. On balance, these combined factors mean Serbia continues to be held back in its commitments to improve media freedom as part of the EU accession process. We therefore recognise no overall progress since the fact-finding mission of the MFRR in April 2021.

This status quo must not continue. It is vital that the international community recognise the seriousness of the current situation for independent journalism in Serbia. In the coming months, our organisations will be giving as many platforms as possible to independent Serbian journalists to share their experiences first hand. International pressure will be central to enacting positive change. We therefore call on the European Union to ensure that media freedom in Serbia is a priority in the context of  the rule of law and democracy. We also urge EU leaders and officials to urgently raise the issue of pressure on journalists by high-ranking politicians during meetings with Serbian officials. Future progress reports on EU accession should fully reflect the seriousness of the situation and outline  for meaningful reforms. International bodies such as the OSCE and the Council of Europe must continue to address these issues head on. The upcoming report by the UN Special Rapporteur on freedom of opinion and expression following her mission to the country should be forceful in its assessment of the situation.

Twenty-four years after the murder of Slavko Ćuruvija, the conditions for the safety of journalists in Serbia are alarmingly reminiscent of the period in which he was killed. The upcoming appeal court verdict for the murder will be the most consequential for media freedom and journalism in decades, and will act as a litmus test for the rule of law and democracy more widely. If guilty verdicts are secured, we hope this can act as a catalyst for concrete change moving forward. Our international press freedom and journalists’ organisations will do all we can to support free and independent journalism during this time.

• The challenges facing independent journalism in Serbia will be discussed in an upcoming MFRR webinar on May 3. Register here.

This statement was coordinated by the Media Freedom Rapid Response (MFRR), a Europe-wide mechanism which tracks, monitors and responds to violations of press and media freedom in EU Member States and candidate countries.

The pending ruling – which will either confirm or dismiss the previous guilty verdicts handed down to four state security agents for carrying out and planning his assassination – will be the most consequential for media freedom and journalism in Serbia’s modern history.

Coming nearly 24 years after the editor and founder of the Daily Telegraph and Evropljanin was killed in Belgrade on 11 April 1999, the implications of the decision of the five-member panel of judges for Serbia are hard to overstate.

Most significantly, the confirmation of the verdicts sentencing the defendants to a total of 100 years in prison would finally bring to a close a more than two-decade long fight for justice led by Ćuruvija’s family, loved ones, colleagues and civil society organisations.

Attaining the convictions would represent a remarkable achievement for those who have sacrificed so much to ensure that Ćuruvija’s legacy is honoured and those who gunned him down at the entrance of his apartment are not able to act with impunity.

Given that no one has ever been convicted of the murder of a journalist in Serbia’s modern history, this would represent a vital judicial milestone. Amidst the current toxic climate for the safety of journalists in Serbia, it would also send a clear message that anyone considering trying to attack or silence a journalist will not escape accountability.

More widely, this appeal verdict – which shines a light on the crimes of the Milošević regime – represents a timely litmus test for the rule of law and democracy in Serbia, as well as of the resolve of authorities trying to solve the spate of killings of journalists in the late 1990s and early 2000s.

If high-level state officials are convicted, it will give much-needed hope that justice can, even decades after the crimes were committed, be achieved for other journalists killed amidst the bloody breakup of Yugoslavia: Milan Pantić in 2001, and Dada Vujasinović, the circumstances of whose death in 1994 was never fully established.

As we await the final verdict in the coming months, our organisations today restate our solidarity with Slavko Ćuruvija’s family, his widow Branka Prpa, and all those who have been so fundamental to the campaign for justice, including journalists and media associations, the Commission to Investigate the Murder of Journalists and the Slavko Ćuruvija Foundation.

Moving forward, we hope justice for Slavko Ćuruvija will be secured and that the vicious cycle of impunity for the killings of journalists in Serbia will, finally, be broken.

This statement was coordinated by the Media Freedom Rapid Response (MFRR), a Europe-wide mechanism which tracks, monitors and responds to violations of press and media freedom in EU Member States and Candidate Countries.