ANEM: Broadcaster�s Code of Conduct Disregards Freedom of Expression

ANEM - Asocijacija nezavisnih elektronskih medija

The Association of Independent Electronic Media (ANEM) protests the adoption procedure of the \"General Binding Instructions on Conduct for Broadcasters\" and is disappointed at the fact that most of the objections presented in the public debate were not included in the text of the Broadcasters� Code of Conduct.

Without calling into question the right of the Republic Broadcasting Agency to adopt the Code of Conduct for Broadcasters as stipulated by the Broadcasting Law, nor the need to regulate, in more detail, the media sphere in Serbia, ANEM objects to certain parts of the Code, as it has already argued during the public debate. Most of all, ANEM points out the evident vagueness of a number of provisions of the Code, which will undoubtedly make it susceptible to various interpretations, as well as the lack of legal ground for several limitations specified by the Code.

The fact that Serbian society has experienced numerous abuses in the media sphere in the previous period compels us to devote our attention to the significance of the freedom of expression in the democratic society. Our country has ratified the European Convention on Human Rights and Fundamental Freedoms in 2003, while the judicial practice in the European Court of Human Rights regarding the Article 10 of the Convention has been dealing with many issues which are the subject of the Code. We are deeply concerned because it seems that this judicial practice was not taken into consideration during the preparation of the Code.

Freedom of expression is one of the basic foundations of the democratic society and one of the essential preconditions for its development and progress. ANEM is concerned about the fact that the text of the Code is not satisfactory with regard to the demands of pluralism, tolerance and freedom of thought in democracy.

ANEM appeals to the Republic Broadcasting Agency to continue the consideration of serious objections to the Code and modify it in accordance with the demands of a democratic society and needs of the media development in Serbia.