Post-Soviet Media Law & Policy Newsletter


Issue 50     Benjamin N. Cardozo School of Law     November 1, 1998 

YUGOSLAVIA AND FORMER YUGOSLAVIA

Croatia

NEW LAW ON HRT 

I.  Forum 21 criticizes HRT law. 

        The new Law on Croatian Radio-Television (HRT) has made a minimal step forward in relation to the previous one, Damir Matkovic, president of Forum 21, a group of independent electronic media journalists, said on [30th October]. 
        The new law, adopted by parliament on [29th October], does not include most of the Council of Europe’s key suggestions which, thus Matkovic [as received], are customary mechanisms in democracy.  The law does not include suggestions that the dismissals and appointments of HRT directors be carried out by the HRT Council, or that the Supervisory Board cannot include members who are MPs. 
        Also discarded was the suggestion that the parliament or government should not have the right of electoral veto in non-government institutions which, according to Matkovic, leaves the possibility of retaining “suitable” and eliminating “unsuitable” parties. 
        He added the first reactions from the European Union and the Organization for Security and Cooperation in Europe indicate dissatisfaction with the changes to the former HRT law. 
        Forum 21 believes some more steps should have been taken to stop public television being an obstacle to Croatia’s more expeditious integration with Europe. 
        According to the new law, HRT retains three airing channels, which Matkovic interprets as fear of competition and poorer ratings. 
        He believes television market fragmentation is unavoidable, and that television monopoly was history. 
        Matkovic also pointed out that Croatian Television (HTV) employees had not demanded less channels, but privatization. 
        Launching a fourth channel is a “financial and technical adventure,” he said.  It calls for a DM25m investment, and the whole project could be realized only in a few years, which he believes would help HTV retain monopoly. 
        Forum 21 believes the deliberate game surrounding the bid for tenders for concession for a fourth channel on national level belied the intention of granting the concession to a precisely chosen candidate close to actual authorities. 
        The group believes the current composition of the Telecommunications Council is not competent to grant the concession, and suggests changes to the Law on Telecommunications, the establishment of new criteria and the election of new Council members. 

HINA news agency, Zagreb, October 30, 1998 

II.  Independent TV channel to be licensed. 

        The ruling Croatian Democratic Union (HDZ) believes that the adopted amendments to the law on Croatian Radio-Television (HRT) are a significant step in the further democratization of public media, particularly Croatian Television. 
        The amendments meet the achievements and standards of European countries, the vice-president of the Croatian National Sabor (parliament), Jadranka Kosor, told [the 29th October] press conference in the HDZ headquarters in Zagreb. 
        Kosor regretted the assessments of the law made by the Organization for Security and Cooperation (OSCE). 
        The OSCE mission to Croatia believes that by adopting the amendments, Croatia missed a vital opportunity for the democratic reform of HRT. 
        Kosor believes the changes adopted by the Sabor [on 23rd October] are a positive step and pointed out the depoliticization of HRT’s Council as an example. 
        Deputy Transport and Communications Minister Dominik Filipovic announced that one or two days after the law was to come into effect, a bid for tenders for the concession of a fourth national television station would be published. 
        The amendments, which will be enforced eight days after an announcement in ‘Narodne Novine,’ an official gazette, determine that HRT will continue airing on three channels, while a bid for the concession for the fourth channel will be on a national level, which provoked the most questions from reporters. 
        Filipovic stressed that the ministry had already laid the grounds for the fourth net, and that the persons granted the concession will also have the obligation of building the net. 
        The building and completion of the necessary 120 transmitters, Filipovic estimates, will cost about DM20-25m.  The building may be divided into phases and according to Filipovic, it will most likely last three years. 

HINA news agency, Zagreb, October 29, 1998 

III.  OSCE critical of Croatian law on HRT. 

        [The] Organization for Security and Cooperation in Europe (OSCE) and UN High Commissioner for Refugees (UNHCR) missions to Croatia [has] asserted that by supporting last week’s amendment to the law on Croatian Radio-Television (HRT), proposed by the ruling Croatian Democratic Union (HDZ) bench to the Croatian National Sabor’s (parliament) House of Counties, an excellent opportunity for the democratic reform of Croatia was missed. 
        At a press conference, held on [28th October], representatives of both missions expressed their satisfaction about the international community’s decision to participate [in] the donors’ conference on the reconstruction of Croatia. 
        The amendment to the law on HRT contains only a minor number of references delivered in the past six months by the Council of Europe and the OSCE mission to Croatia, said OSCE mission’s spokesman, Mark Thompson.  Thompson posted only minor touch-ups to the law on HRT, and the television is to remain under the Croatian National Sabor’s control. 
        He said that because of the insistence to adopt the law in short procedure, representatives did not have enough time to become familiar with the remarks to the HDZ’s proposal by the Council of Europe’s media experts. 
        The HDZ itself asked for the Council’s opinion, i.e.  Sabor’s vice-president, Vladimir Seks, said Thompson. 
        The remarks will be delivered to the Croatian government and Sabor on [28th October], and OSCE believes these will be useful during the next discussion on media reform, Thompson said. 
        [The] UNHCR mission to Croatia’s spokesman, Andrej Mahecic, read a section of the Article 11 Commission (of which the UNHCR is a full member) statement, to reporters.  The statement expresses support to the reconstruction plan, made by the Croatian government. 
        The statement, however reads that the implementation of the return’s programme is irregular, and that it was necessary to abolish any discrimination which is slowing down the process of return of refugees and property return. 
        The statement reads that the mission is aware of the Croatian prime minister’s persuasiveness, that the Croatian government mission’s assertion, and that he will take necessary steps so the implementation of the return plan would be more successful.  On the basis of that belief the commission welcomes the government’s proposal that the Reconstruction and Development Conference schedules for 4th and 5th December in Zagreb, said Mahecic. 

HINA news agency, Zagreb, October 28, 1998 

IV.  MPs adopt HRT law, opposition walk-out. 

        On 23rd October the Croatian parliament’s Lower House adopted amendments and supplements to the Law on Croatian Radio-Television (HRT) by a majority vote, the Croatian news agency HINA reported.  While the vote on the proposed amendments was being taken, a majority of opposition MPs walked out, in protest against what one of them called a “vile violation” of the chamber’s procedural rules.   The protesters objected to the fact that last-minute amendments to the law, submitted after the debate had already taken place, had been included in the voting process. 
        HINA said:  “According to the amendments, the HRT Council would consist of 23 members, of whom 10 would be members of parliament while the remaining members would be renowned people from the fields of public life, cultural circles and science institutes.  All members would be nominated and dismissed by the Sabor’s [parliament] Lower House.  The Law gives the Council more authority, giving it the power to nominate and dismiss chief editors on radio and television following recommendations by the director of HRT and based on public concessions.  Chief editors will in future not, however, be allowed to at the same time be party officials.  Broadcasting will continue via three channels while a public concession will be advertised for the issuing of a licence of a fourth channel.” 

HINA news agency, Zagreb, October 23, 1998 

V.  Disagreements over HRT bill persist. 

        Although all parliamentary parties agree that a new law on Croatian Radio- Television [HRT] is necessary, after almost a year of discussion, their attitudes on what the law should look like still vary. 
        The HDZ’s [Croatian Democratic Union] amendments and addenda, which have just been discussed in the assembly for the second time (although they have been considerably diluted over the past few months and adjusted to comply to some extent with the requests of the opposition) have been subject to all kinds of criticism.  After the HNS’s [Croatian National Party] bill, drawn up at the request of Forum 21, had failed to pass the first reading, the opposition six came up with their own bill on the national radio and television.  Their objections, however, have taken the form of an amendment to the bill introduced by the HDZ. 
        Although there does not seem to be much difference between the bills of the ruling party and the opposition, because they both want the HRT Council to exercise a more open approach, the discussion has revealed that there were many details on which the two sides insisted. 
        Their attitudes are also diametrically opposed on certain essential issues, such as how many channels Croatian Television should have.  The HDZ’s bill wants the HTV [Croatian Television] to keep all three networks and to have its new frequency privatized.  The opposition, on the other hand, seeing all this as an illusion and as an attempt to continue with the monopoly of national television, fears that there is not enough private capital or technical resources to open a new television frequency. 
        Furthermore, what we euphemistically call another point of disagreement among members of parliament on the new HRT law relates to the HRT Council.  How members of that council are elected is more problematic than who they are and how many of them should be elected. 
    Although both sides agree that most of council members should be appointed by cultural, religious and other public institutions, the bone of contention is who will ratify their appointment:  the assembly or those same institutions? 
    Accordingly, apart from some other minor differences (the question of subscription, the need to separate the transmitters and communications departments from the HRT and so on), there are major differences between the originators of the bills.  As the matter is exceptionally sensitive and can eventually affect the normal operation of the national television (which has been exposed to all kinds of pressure for months, anyway), it would be good if members of parliament could at least agree on the most important parts of the bill. 

‘Vjesnik,’ Zagreb, October 23, 1998 

VI.  Commercial TVs complain of unfair competition. 

        Following the adoption of amendments to the Law on Croatian Radio and Television [HRT], the Commercial Televisions Association issued a statement on [22nd October] stressing that, despite awarded concessions, the match between the HRT and commercial televisions is unequal in the present circumstances, so commercial televisions do not have a chance to survive. 
        Stating that the way in which the HRT carries out its business does not exist in any other country in the world, the Commercial Televisions Association stressed on [22nd October] that the HRT was the only television collecting subscriptions and transmitting advertisements without any limits and at prices it itself sets, without public control. 
        The association also warned that in certain programme segments (such as sports programmes, foreign films and series), the HRT is exclusively a commercial television and acts inappropriately by broadcasting the logo of sponsors in the screen corner and transmits 15-minute blocks of advertisements before series and films, while the law only allows up to nine minutes of advertisements. 
        Every television must broadcast its programme—commercial televisions commercial programme, and the HRT public programme, the association stressed, suggesting that clear rules of the game be established. 
        The HRT must organize itself according to one of two models—the German, which broadcasts 10-minute advertisement blocks between 1800 and 2000 hours during the week, except for weekends, or the Czech, which broadcasts two minutes of advertisements per hour. 
        It is necessary, the commercial televisions stressed, to establish a subcommission of the HRT Council, which will carry out an inquiry about the illegal commercialization and prevent it in the future. 
        The association called on political parties, the Council for Telecommunications and the public to voice their opinions on the above mentioned comments. 

HINA news agency, Zagreb, October 22, 1998




Serbia-Montenegro 

NEW SERBIAN INFORMATION LAW

I.  Minister says media law “bans censorship.” 

        Serbian Information Minister Aleksandar Vucic has said that the media law “bans censorship” and contains fundamental regulations for running absolutely free and open information. 
        Vucic said in an interview with the private Kanal 9 Kragujevac television station last night [1st November] that the new law “punishes the forcible destruction of the constitutional order, secures the protection of all legal norms, prohibits censorship and protects the privacy of every citizen.” 
        Vucic said that “a real witch-hunt” was being conducted against the government and its members by certain people and minor parties that have no influence among the electorate. 
        He added that no-one who had given it any thought could find anything wrong with the provisions of the law. 
        Speaking about the activities of the UN Human Rights rapporteur, Jiri Dienstbier, Vucic said that “the so-called independent media are under pressure from abroad to defend themselves,” adding that this was an attempt to “destroy Serbia and bring it to its knees.” 
        “Under the pretext of defending democracy, human rights and liberties, they (international players) are trying to set up their television and media network in order to tell us that democracy is when they bomb us,” Vucic said. 
        Commenting on Article 27 of the media law, which bans the rebroadcast of foreign programmes, Vucic said that “the programmes in question are financed by these countries with the aim of influencing the citizens of foreign countries, something that our government will no longer allow.” 
        Commenting on the fines envisaged by the law, Vucic said that they are “optimal and that their role is primarily one of general prevention.” 
        Vucic assessed the demands of the Independent Association of Journalists of Serbia for the withdrawal of the law as a democratic right of every citizen, adding that he “doubted that the initiative will yield results because the law was passed by a majority vote and with the support of the strongest parties in the republican assembly.” 
        Asked by a viewer about the enforcement of the press law in Kosovo, Vucic said that “this was a heinous trick aimed at implying that the government was allegedly closing down Serbian papers, but not papers in Kosovo.” 
        Vucic said that “texts in ‘Nasa Borba’ [Serbian independent paper] were very often much worse than texts in ‘Koha Ditore’ or in ‘Bujku’ and that there was no great difference between the editorial policies of these newspapers.” 

Beta news agency, Belgrade, November 2, 1998 

II.  Constitutional Court asked to rule on media law. 

        The independent association of Serbian journalists [on 29th October] proposed to the Serbian Constitutional Court to set in motion a procedure for the assessment of constitutional and legal status of certain provisions of the Serbian Public Information Law. 
        The Constitutional Court has been asked to pass a temporary measure preventing the implementation of all decisions based on this controversial law until the final decision is made. 

Radio B92, Belgrade, October 29, 1998 

III.  Getting around Serbia’s media ban. 

        Two international initiatives were launched on 26th October to counteract the effects of Serbia’s recent law banning relays of broadcasts by foreign radio and TV stations.  Serbia’s independent media, meanwhile, are coordinating their own fight against the new law. 
        Jiri Dienstbier, the United Nations special rapporteur on human rights in former Yugoslavia, said he would propose that the Organization for Security and Cooperation in Europe (OSCE) should set up its own TV network as part of the planned international verification mission in Kosovo.  “There is one-sided information on both sides, and independent media are needed to help resolve this,” he said after meeting in Belgrade on the 26th with editors of three banned independent Serbian dailies.  The aim of the network would be to promote communication not only with ethnic Albanians and Serbs in Kosovo, but all the population of Serbia. 
        And the international radio network in Bosnia—Free Elections Radio Network, FERN—said that it would make available to its affiliate local stations near the border with Serbia programmes in Bosnian, Serbian and Croatian from the Voice of America, Deutsche Welle and Radio Free Europe, the Prague-based US surrogate broadcaster.  This would give some listeners in neighbouring Serbia the option of again hearing programmes from these foreign broadcasters, which can no longer be rebroadcast legally by independent stations in Serbia. 
        FERN is a radio network financed by the Swiss government and supported by the OSCE.  It began operating in Bosnia in July 1996 to provide balanced coverage for the subsequent elections in that country.  It is one of a series of international efforts to promote pluralism in the Bosnian media.  Other projects there include the Open Broadcasting Network, OBN, which has operated for just over two years, and receives finance from various Western organizations, including the OSCE and NATO.  This year Radio Free Europe also announced plans for joint broadcasts with over 20 radio stations in Bosnia-Hercegovina, to whom it would provide satellite facilities. 
        The initiative to reach listeners in Serbia using FERN stations in Bosnia introduces an element of internationalization which the authorities in Belgrade are likely to seize on to accuse Western organizations of infringing Serbia’s territorial integrity.  The broadcasts from the network in Bosnia are mostly likely to be on FM transmitters.  They are intended more as a symbolic gesture of support from the West for Serbia’s independent stations and extending the programming choice available to their listeners. 
        There is a history of similar previous broadcasting initiatives to former Yugoslavia.  From 1993 to 1994, Radio Brod, a radio ship transmitting news on mediumwave to the former Yugoslav republics, operated from the Adriatic Sea.  It was run by the French group “Droit de Parole” [Freedom of Speech] and funded by the European Union and UNESCO, among others.  Those broadcasts ended after the EU withdrew financial support. 
        In Serbia itself, editors of the remaining independent broadcasters and newspapers have launched a campaign to collect signatures in support of revoking the media law, and plan legal action to challenge whether the new law is constitutional. 
        Representatives of the Belgrade radio stations B92 and Studio B, together with the Association of Independent Electronic Media in Serbia and Montenegro, will also produce a joint programme for simultaneous transmission by all the independent radio stations.  As B-92 reported, the whole campaign to oppose the media law is being coordinated under the joint slogan:  “Remaining silent is not the Serb way.” 

BBC Monitoring Research, October 28, 1998 

IV.  Independent media to demand revoking of law. 

        The heads of independent newspapers and representatives of the association of private and independent media in Serbia have decided to launch an initiative to revoke the new media law. 
        At a meeting [on 26th October], it was decided, as part of this initiative, to collect signatures so as to get the Serbian Assembly to revoke the controversial law. 
        The media representatives also agreed that each one of them would separately appeal to the Constitutional Court to get it to investigate the constitutionality of the new law. 
        At the same time, representatives of Studio B [managed by people supporting the Serbian Renewal Movement, SPO, led by Vuk Draskovic], Radio B92 and ANEM [Association of Independent Electronic Media] agreed to start a joint programme to be broadcast simultaneously by all radio stations. 
        The ‘Vreme’ and ‘Nin’ weeklies will devise a joint advertisement to draw the attention of readers to the threat that the new law poses to the freedom of information. 
        The surviving print and electronic media would also carry the advertisement. 
        All the independent media would act under a joint slogan “Remaining silent is not the Serb way.” 
        The heads of ‘NT Plus,’ ‘Nasa Borba,’ ‘Blic,’ ‘Danas,’ ‘Demokratija,,’ ‘Svedok,’ ‘Nedeljni Telegraf’ [independent newspapers], the [independent] news agencies Fonet and Beta and [private] Radio Index also attended the meeting. 

Radio B92, Belgrade, October 26, 1998 

V.  Information minister defends new media law. 

        Our public has been a victim of media manipulation and half-truths.  Certain foreign states have condemned us in what I can only describe as a hypocritical manner, just because we want our ministry to be a place where journalists can obtain truthful, objective and correct information as well as facts about certain events, particularly, in Kosovo and other parts of our country, Serbian Information Minister Aleksandar Vucic has said. 
        Vucic said in an interview, published in [the 24th October] edition of the Kragujevac-based daily ‘Lid,’ the Serbian government believes that the new Serbian media law is modern and civilized in that it bans censorship and strikes a balance between public media freedom and responsibility. 
        Vucic recalled that the law was adopted unanimously—something which showed that the accusations were unfounded.  He believes that at present many fear the punitive measures stipulated by the new law, despite the fact that these measures are much tougher in other states. 
        “No-one who does his job in a professional manner should be afraid.  We in the government believe that the law will contribute to a more successful and faster flow of information from both domestic and foreign sources,” Vucic said in conclusion. 

Tanjug news agency, Belgrade, October 24, 1998 

VI.  Implications of Serbian media law. 

        On 20th October, in urgent procedure, the Serbian Legislature adopted a new Law on Information, which prohibits re-broadcasting of foreign radio and television programmes and introduces high fines for editors of those media who fail to abide by the law’s highly restrictive provisions.  Legal experts and owners of private and independent media are unanimous in assessing that the new law enables the authorities—by arbitrarily interpreting the law’s rather vague provisions and prescribing high fines—to practically ban any media not to their liking. 
        If they venture to publish a piece of information which is estimated as “undermining the constitutional order,” the owner or the publisher of a public media might be required to pay from 400,000 to 800,000 dinars (DM50,000-117,000) in fines, and the journalist who wrote it and the editor who approved of its publication might be declared liable to pay from 100,000 to 400,000 [dinars] in fines.  For rebroadcasting “propaganda-political programmes” of foreign radio stations in Serbian, media can be fined to pay from 50,000 to 150,000 dinars in penalties, while publication of false information damaging a person’s dignity might “cost” a media founder or a published somewhere from 100,000 to 300,000 dinars, and a reporter and his/her editor from 50,000 to 150,000 dinars.  The fines specified for editors surpass by several times their annual income.  Thus, the fined media owners would have to sell all their property to meet their legal obligations. 
        All the provisions from the government’s regulation on special measures under the conditions of NATO intervention threats brought in the night between 13th and 14th October have found their place in the new law.  On the basis of this regulation, several independent dailies, ‘Danas,’ ‘Nasa Borba’ and ‘Dnevni Telegraf’ have been banned, because it was estimated that they had been spreading panic and defeatism.  True, the spreading of panic and defeatism was not mentioned in the new law but the law does say that media and their editors will be fined “for publishing information calling for a violent overthrow of the constitutional order, undermining of the territorial integrity and independence of the Republic of Serbia and the Federal Republic of Yugoslavia, violation of guaranteed freedoms and rights of man and citizen, that is, for inciting national, racial, or religious intolerance and hatred.”  Having in view experiences from the past, the authorities can successfully use such provisions against all positions and views diverging from official stands. . . . 
        The new law on information replaced the one adopted in March of 1991, before the dissolution of the former Yugoslavia.  Depending on the estimate by the authorities and judges, the new law says that a call for demonstrations against a government decision might be interpreted as a call for the overthrow of the constitutional order.  Owners and media editors fear that, practically, anything they publish and that is not to the government’s liking, might be interpreted as a hostile act, and, as such, subject to sanctions. 
        By the publication of the law on information in the Official Gazette on 21st October, the regulation that was earlier used to ban the three dailies ceased to be effective.  This means that these dailies can once again start coming out.  However, it is very likely that the authorities will closely monitor their content and will not hesitate to implement the provisions of the new information law if they see such action fit. 
The pressure 
        Responding to the provisions of the new law on information, legal and media experts, journalists and representatives of political parties have almost unanimously assessed that with the adoption of the new law, censorship has been introduced.  They pointed out the law was in opposition with the constitution, which guarantees the freedom of information and prohibits censorship. . . . 
        The law has made provisions for appeals if the owner or the editor in chief of the media facing misdemeanour charges does not have the money to pay the fine within three days, all his/her property is subject to confiscation regardless of the results of the appeal.  According to the law, the author of the text, the editor and the publisher are responsible to make sure that the information they publish is true and not the person who gave it, whether under his/her full name or anonymously.  A journalist has to make sure that the information he writes is true even if he is citing a person enjoying official immunity. . . . 
Self-censorship 
        Private media and the Independent Association of Journalists have announced they will continue to fight the new law.  To begin with, as a sign of protest once a week, they will either not appear on the newsstands or will publish texts protesting against the media-aimed repression.  Also, these newspapers will ask the independent electronic media also affected by the new law to support their action. 
        The Serbian government regulation and the new law on information which replaced it have already affected the attitude of certain media.  In fear that they might be banned or subject to draconian sentences, many editors in chief and media owners have resorted to self-censorship and are reluctant to publish news items and articles that can provoke the authorities. 

Beta news agency, Belgrade, October 22, 1998 

VII.  Independent media mull response to new curbs. 

        The Serbian government on 21st October lifted a decree that had shut down some independent newspapers and radio stations, but at the same time it rushed through parliament a new media law which makes it illegal for the media to question Yugoslavia’s territorial integrity and publish reports which may stir up fear and defeatism.  The following is an editorial analysis by BBC Monitoring’s Foreign Media Unit: 
         Serbia’s new media law also bans the rebroadcasting of programmes from—among others—the BBC, the Voice of America, CNN, Deutsche Welle and Radio Free Europe. 
 Independent broadcasters and newspaper editors criticized the law as “scandalous” and “unbearable,” and said they would fight the new press curbs tooth and nail. 
        The Association of Independent Electronic Media in Serbia and Montenegro (ANEM) dismissed the law as “the most restrictive and shameful,” but advised its radio and TV stations to abide by the rebroadcast ban.  The ANEM president and editor in chief of the independent Belgrade station Radio B92, Veran Matic, told fellow broadcasters not to broadcast foreign programmes until further notice, especially those of the BBC, VOA, Radio Free Europe and Deutsche Welle, “as the fines are draconian.” 
        The independent Montenegrin newspaper ‘Vijesti’ attacked “the draconian penalties for publishers and editors.”  The editors of the independent newspapers earlier banned by the government decree—‘ Danas,’ ‘Dnevni Telegraf’ and ‘Nasa Borba’—said that they would fight for the abolition of the media law, but because of the fear of fines and reprisals, they would not resume publishing their papers for a few days. 
        The editor in chief of ‘Danas,’ Grujica Spasovic, told Radio B92:  “We’ll have to think of some action, together with the other media which are in a similar situation.  Not so much out of solidarity, but because it’s truly difficult to work in the media while living in fear.” 
        The editor of the ‘Dnevni Telgraf,’ Slavko Curuvija, protested to the same radio station:  “We shall use all ways to try to abolish this law. . . .  I refuse to publish a newspaper under this law.  Not only on principle, but also for practical reasons.  Some friends of mine among ministers and the government have told me that it would not be wise to resume publication immediately because, allegedly there are certain people who are very keen to try out the effectiveness of the new law on the first copies of my paper.” 
        According to a special edition of ‘Nasa Borba,’ the paper’s editor, Mihal Ramac, “singled out as particular nonsense in the new law the obligation of the media to check their reports against news agencies.”  The owner of ‘Nasa Borba,’ Dusan Majic, said he would resume the publication of the newspaper on 26th or 27th October.  It will be printed in Podgorica in Montenegro. 

BBC Monitoring Research, October 21-22, 1998 

VIII.  Media law covers papers printed in Montenegro. 

        Serbian Deputy Prime Minister Vojislav Seselj announced this evening that the new Serbian Information Law will also affect the newspapers registered in Montenegro and distributed in Serbia. 
        “We do not mind that at all.  They can go and register themselves on Mars, since the law says that the courts are authorized to act based on the domicile of the founder and the domicile of the printing house and based on the location of distribution,” Seselj said in a Radio-Television of Serbia (RTS) programme dedicated to the new information law. 
        He said that not a single criminal court in Serbia could have jurisdiction in this if the newspapers are printed in Podgorica and not distributed in Serbia, but he said that the newspapers distributed in Serbia would be affected. 
        “Now, for example, when a court comes up with a fine, and [‘Dnevni Telegraf’ owner Slavko] Curuvija or [‘Danas’ commentator Aleksandar] Tijanic move to Podgorica, where their companies are registered, to where they have taken all their money in suitcases, where they print their papers and send them to Serbia, well, if they do what they have been doing, and the court fines them, then we will confiscate their property here in Serbia, in Belgrade,” the deputy prime minister said. 
    Seselj said that an order for confiscation in Montenegro would also be sent to Podgorica, but he said that “how cooperative the Montenegrin authorities would be” was another matter.  “If they have no property here, we will confiscate their bank accounts.  We will confiscate their newspapers when they send them from Montenegro until we get enough paper to be able to recycle it to the amount of the fine,” he added. 
        “So, once they have been charged, our state bodies will hang around somewhere near Prijepolje and collect their papers, truckloads and truckloads and truckloads of their papers.  You can imagine how many truckloads it would take to come up with the amount of one of these fines, unless they are paid some other way,” Seselj stressed. 
        “All their plans are in vain.  Nothing will come of them.  This law is to be observed strictly and to the letter, just like all other laws passed by the people’s assembly, since laws express the will of the people,” Seselj said. 

Beta news agency, Belgrade, October 21, 1998 

IX.  Domestic reaction to new Serbian media law. 

        Media reaction to the information law passed by the Serbian Assembly on 20th October has largely been predictable.  Broadcasters loyal to Yugoslav President Slobodan Milosevic have quoted top Serbian officials as denying that the new law, which underpins the government’ s decree restricting media practices, is intended to introduce censorship or to limit in any way the freedom of the Serbian press.  The independent media, on the other hand, accused officials of introducing censorship and further controls which will enable Milosevic to edit views which criticize his policies, including his agreement on Kosovo. 
Milosevic-controlled media 
        Radio-TV Serbia (RTS), Serbia’s official TV channel, reported on the 20th that Serbian Information Minister Aleksandar Vucic denied that the information law was intended to restrict media freedom.  The new law prohibits censorship, he said, while its aim is to ban the rebroadcasting of any propaganda programmes produced by a foreign broadcasting company.  The media outlets “undermining the territorial integrity and independence of Serbia” will be penalized “most rigorously,” he added, according to the report. 
        A top Socialist Party of Serbia official, Gorica Gajovic, told RTS that journalists would no longer be able to bombard the public with “threats of attacks” in an attempt to stir up “paranoia, panic and defeatism.”  Speaking on RTS, a Serbian Radical Party (SRS) official, Stevo Dragisic, also hailed the new law, suggesting that it only affects the media which are in the service of Western “military officials” and “those who were supposed to bomb Serbia.” 
        Serbian Deputy Prime Minister and SRS leader Vojislav Seselj has defended the new media law as “good” and “faultless,” Beta news agency reported on the 20th.  “It unreservedly asserts the freedom of the press” and “puts things back in their place,” he told the Serbian parliament.  He said to journalists after the session of the Serbian Assembly which passed the law that “Voice of America broadcasts will never again be allowed” in Serbia.  He accused NATO Secretary-General Javier Solana of trying to influence Serbia’s media and dismissed those who “helped” Solana in Serbia as “domestic traitors.” 
Independent media 
        Serbia’s surviving independent media have published statements charging that the law is intended to extend and strengthen the severe restrictions which Belgrade has recently imposed on journalists. 
        According to a small party, the Independent Democrats, the law leaves journalists “completely unprotected,” the ‘Blic’ newspaper reported on the 21st.  According to the report, the mayor of Novi Sad warned that from now on, there will “only be one truth,” the truth of the ruling party. 
        On the 18th, Radio B92’s lawyer condemned the “draconian” fines for “political propaganda” stipulated in the law. 
        A Montenegrin independent newspaper, ‘Vijesti,’ mounted a hard-hitting attack on Slobodan Milosevic on 20th October over the ban of four Serbian newspapers.  The paper accused the president of “intransigence, arrogance and brutality,” of using “police” measures and of opportunism.  The paper said that “the gross suppression of the media” was a sign that things have not been going too well for Milosevic in Serbia and that his main objective was to conceal it. 
        The paper charged that Milosevic hoped to “eliminate” from the media any indication that the accord with Holbrooke was no victory for him.  Rather it marks a defeat in that he was finally forced to accept an “ultimatum” set by the international community. 

BBC Monitoring Research, October 17-21, 1998 

X.  New Serbian media law bans foreign relays. 

        The Serbian parliament on 20th October approved a new information law that makes it illegal to question the country’s territorial integrity and publish material that is deemed to spread fear or defeatism.  It also bans the rebroadcasting of programmes made by news organizations outside the country.  Serbian Information Minister Aleksandar Vucic said the new law strikes the right balance between freedom and responsibility.  The following are excerpts from a report on the Serbian assembly session on 20th October, broadcast that day by Serbian TV: 
[Reporter]     Explaining the proposal for the Law on Public Information, Information Minister Aleksandar Vucic said that the law was created with the goal of striking the right balance between freedom and responsibility.  Each citizen is entitled to free and objective information.  A citizen’s right to participate in the creation and dissemination of information represents a democratic achievement of which few countries can boast.  However, the changes that have taken place over the past six years since the passage of the previous law on public information warrant an adjustment of the law to the new circumstances and trends suggesting future relations in society and in the realm of public information. . . . 
        Public information is free and censorship is prohibited.  One new aspect of this law is that a public medium cannot publish or rebroadcast in part or in full a radio or television programme of a politically propagandistic nature in the Serbian language or in the languages of ethnic minorities residing in the Republic of Serbia that is generated by foreign radio broadcasting companies founded by foreign governments or their agencies.  This does not include programmes that are broadcasts or rebroadcasts on the reciprocity basis agreed on in a bilateral agreement. . . . 
        The punitive measures should primarily be preventive, and only in extreme cases a means of repression.  Information calling for the violent overthrow of the political system, undermining of the territorial integrity and independence of the Republic of Serbia and the FRY [Federal Republic of Yugoslavia], violation of the rights guaranteed to man and citizen, or instigation of ethnic, racial or religious intolerance and hatred will be penalized the most rigorously. . . . 
        Freedom of the media in Serbia is guaranteed by the constitution and the laws, emphasized Gorica Gajevic, chief of the club of deputies of the Socialist Party of Serbia [SPS].  The true extent to which this freedom extends in Serbia is illustrated by the fact that more than 2,500 dailies and weeklies, 86 radio stations and 18 television stations are registered in our country, which far exceeds the number of media in the developed countries that claim for themselves that they are democratic and are also regarded as such.  Evidently, Gorica Gajevic said, our media space is taken up by the number of media that exceeds the true requirements of this region.  In the past, unfortunately, this freedom often transgressed into excess because the responsibility of protagonists in the information process were not defined: 
[Gajovic]     This law, in short, protects the freedom of media from the abuse of this freedom.  The provisions of this law do not stop anyone from writing and broadcasting whatever they consider correct and true.  However, it simultaneously clearly defines the responsibilities and the professional and ethical standards and provides protection against lies and misinformation.  With these legal solutions, we will no longer be in the situation in which we found ourselves a month ago, when the media, in an attempt to create a psychosis of fear, panic and defeatism, literally bombarded us with threats and announcements of attacks.  The penalties imposed on the media that issued alarming threats to our nation and state, that employed technology to create a war psychosis and to sow fear and defeatism, were the mildest and lightest possible punishments.  Their true punishment is that in the public they will carry the stigma of having worked against the interests of their country and their nation, a shameful brand that the nation will not forget.  The media that defended those who were poised to bomb the country and people for whom they report and who in their respective countries enforce a vocabulary of banned words as well as censorship deserve nothing but scorn. . . . 
[Reporter]      Pointing out the significance that individual Western countries attach to the media propaganda, Stevo Dragisic, president of the club of deputies of the Serbian Radical Party, said: 
[Dragisic]     What business do the military representatives have holding talks with those representing so-called independent journalism unless they are in their service?  What business does a general have talking to the chief and managing editor of an insignificant paper lacking noteworthy circulation here in Serbia?  Here is the truly logical question:  Why would he be interested in talking to him unless he is their soldier, unless he serves them?  This is the logical answer.  Proof that these media serve those who were supposed to bomb the Serbs lies in the fact that they met them after they had been subjected to the authority of the decree which outlines the behaviour of Serbian media in circumstances of a danger of war. 

RTS SAT TV, Belgrade, October 20, 1998 

XI.  New law proposes “draconian” media curbs. 

[Announcer]      As we mentioned earlier, Radio B92 has obtained information on the contents of the draft law on information, which will be presented for the first time to deputies of the Serbian parliament on [20th October]. 
 We have found out that the law contains some logical but also a significant number of quite repressive provisions.  My colleague Bojana Lekic and our lawyer, Milos Zivkovic, are here in the studio with me. 
[Lekic]      According to the information we have obtained, the draft law, which will be discussed by deputies on [20th October], contains, on first examination, several contentious articles or provisions.  It appears that part of the previous ban [on rebroadcasting foreign radio and TV programmes] has been incorporated into this law and, according to our sources, has been formulated in Article 27, which states: 
        The media cannot broadcast or make a delayed rebroadcast, in its entirety or in part, of a radio or TV programme with political propaganda content, broadcast by a foreign media organization whose founders are foreign governments or which is of a non-commercial nature.  This does not include programmes which are broadcast or rebroadcast subsequently on the basis of an agreement that has been reciprocally concluded between two states. 
        If the information is obtained from a foreign media source, Article 27 says, according to our sources, that the source of the information must be stated. 
     Milos, does any agreement currently exist that foresees such reciprocity which has been determined by an agreement between two states? 
[Zivkovic]      Only that which is legal.  It has to be said that it is extremely difficult to define what comprises political propaganda content.  What kind of programme is that? 
[Lekic]      Does this mean that the Ministry [of Information] is interfering with the content of programmes? 
[Zivkovic]  Yes, it is. 
[Lekic]      Is this known to happen around the world? 
[Zivkovic]      When such a ban is formally enshrined in law, it should be formulated extremely precisely, so that is quite clear what is banned and what is not.  That is because those whom it is aimed at need to know what they can do and what they cannot.  That is one of the basic principles. 
[Lekic]      Our sources have also pointed out the penalty clauses, above all Article 74.  According to the same sources, this article says that anyone rebroadcasting radio and TV programmes by foreign broadcasting organizations, contrary to the abovementioned Article 27, will be fined as follows:  firstly, the founder and the publisher will receive a fine of between 200,000 to 400,000 new dinars, and secondly, the editor in chief and the person representing the founder and publisher will be fined between 50,000 and 100,000 new dinars. 
        This article is controversial because, according to our sources, Article 73 says that a court may make such a decision.  But a court is not mentioned in this part of the text. 
[Zivkovic]     All I can say is that the fines envisaged are extremely high.  The new penal code would probably allow such fines.  As it is, they are not allowed in the current penal code. 
 It looks as though the ministry itself is going to assess which programmes have a political propaganda content. 
[Lekic]      At this moment even the deputies do not have the text of the draft law, although it is being passed using urgent procedures.  But we can see that it will contain three articles covering the implementation.  We have the text of these three articles. 
        I would like to tell our listeners that these articles cover the implementation of these fines and within 24 hours, at that. 
[Zivkovic]      A magistrate is obliged to decide within 24 hours whether an offence has been committed.  Judging from your information, it seems that the accused are obliged to prove that the published report is true.  Such a procedure is highly unusual.  The usual procedure would be to apply the general practice of the penal procedure whereby the accused must prove that they have acted conscientiously when they published the report. 
        All in all, such a quick procedure accompanied by such draconian fines—if this is what the government is proposing—indicates that the intention is to curb all reporting by means of heavy fines. 
        [On 17th October (1930 gmt) Radio B92 broadcast the following interview with the head of the New Democracy parliamentary floor group, Zarko Jokanovic, who said:  “According to the information I have, we shall be given the text of the law either at the assembly session on 20th October or on 19th October at the earliest.  I have also been told that the law includes more than 80 articles and is very restrictive towards the media, with drastic penalties of 200,000 to 400,000 dinars for various offences.  I also know that the Serbian government’s decree [banning Serbian media from relaying programmes from foreign stations while the threat of NATO attacks continues] has been fully incorporated in the law, and that the ban on rebroadcasts of programmes made by the media based in foreign countries will remain in force permanently, which means that Voice of America, the BBC, Deutsche Welle and all other stations which have programmes in Serbian and which are not based in Yugoslavia will be banned.”  ] 

Radio B92, Belgrade, October 18, 1998 

XII.  Serb emergency decree on media. 

        The Serbian government last night [8th October] issued a decree on what it described as special measures in a state of threat of NATO attacks against our country.  Article 7 of this decree prescribes that the media are under the obligation to operate in line with the rights and responsibilities of citizens and to safeguard the integrity and sovereignty of Serbia and Yugoslavia. 
        Article 8 says that while the country is under threat of armed attack, the media cannot rebroadcast foreign media programmes, parts of programmes or texts, which, the government said, are aimed against our country, which spread fear, panic and defeatism, or which can have a negative effect on the readiness of citizens to safeguard the integrity of Serbia and Yugoslavia. 

Radio B92, Belgrade, October 9, 1998 

XIII.  Serbian radio stations comply with relay ban. 

        Serbia’s independent broadcasters have decided to grin and bear it in bowing to the government’s decree to stop airing foreign news programmes hostile to Yugoslavia, the Belgrade-based news agency Beta reported on 8th October.  The decree specifically prohibits retransmissions of programmes from the BBC, CNN, Deutsche Welle and Radio Free Europe. 
        Fearing reprisals, Radio Pirot, Radio Kragujevac and Studio B announced on the 8th that they would obey the order and would not rebroadcast any foreign programmes for at least 48 hours. 
        Private Radio Pirot has dropped its BBC rebroadcasts, Beta said on the 8th.  The agency quoted the radio’s editor in chief, Momcilo Djurisic, as saying that the station would comply with “the request of the Serbian government” and cease rebroadcasting BBC radio programmes in Serbian.  “Regardless of what we think of the government decision, we are going to respect the law and decisions of the state institutions,” he told Beta, adding:  “We are facing a new era of censorship in the Serbian media.” 
        Radio Kragujevac also announced its decision to observe the government’s rebroadcast ban for at least 48 hours.  Beta news agency quoted Branko Vuckovic, senior editor of Radio Kragujevac, as saying that one of the reasons was the government’s threat to confiscate equipment and to punish those who refuse to heed the ban. 
        Instead of rebroadcasting programmes of the Voice of America, Deutsche Welle and the BBC, Radio Kragujevac will increase its coverage of Beta news agency reports and relay “appeals to listeners of the ANEM [Association of Independent Electronic Media] radio stations to prevent the darkness that is looming to descend on the Serbian media,” Beta news agency said. 
        Radio Television Studio B director Dragan Kojadinovic said that Studio B would respect the ban but he condemned it as “counterproductive.”  “There is concern that the ban on certain independent media outlets in a situation when there is no official information will result in a spread of inaccurate information.  The general feeling is that such inaccurate information will do more damage than the broadcasting of programmes that contain elements of psychological warfare,” Kojadinovic told Beta. 
        He said the government had “underestimated Serbian citizens, believing them to be incompetent to judge the quality of the media.” 
        On 7th and 8th October, Belgrade-based independent B92, which normally rebroadcasts BBC programmes, was observed by BBC Monitoring to have acceded to the government’s embargo on foreign broadcasts.  The radio carried its regular hourly news bulletins and focused mainly on pop music.  The station did not play any patriotic songs. 
        On 8th October Aleksandra Radulovic, editor of the Novi Sad-based Radio 021, said that the station would cease rebroadcasting the programmes of foreign radio stations. 

BBC Monitoring Research, October 8, 1998 

XIV.  Independent media condemn relay ban as “censorship.” 

        The Association of Independent Electronic Media [ANEM] has concluded that the Serbian government ban on rebroadcasting foreign programmes in Serbian is the crudest possible form of state censorship and a direct interference in editorial policy. 
        However, because of threats to use violence and retaliate, ANEM has called on its members to stop rebroadcasting foreign programmes in Serbian for 48 hours. 

Radio B92, Belgrade, October 8, 1998 



MONTENEGRO’S REACTION TO NEW SERBIAN MEDIA LAW

I.  Montenegro rules on foreign media activity. 

        In a session next week the Montenegrin government will adopt regulations on the conduct of foreign media activities in that republic.  This is what ‘Vesti’ learnt at the Secretariat of Information of Montenegro.  The regulations propose that no one is entitled illegally to restrict the freedom of the foreign media and that state bodies are obliged to allow them to work without hindrance. 
        According to the text of the proposed regulations, the foreign media must respect the constitutional order and the effective legal systems of both the Republic of Montenegro and the Federal Republic of Yugoslavia and work in line with international standards in the information sector.  Their work in Montenegro may be restricted only by a court’s decision, if it is established that activities have been carried out that are incompatible with their powers and status or with the principle of reciprocity. 
        The import and distribution of foreign press and other foreign mass media materials are free, and the legal persons registered for importing and distributing foreign press will be entitled to distribute foreign mass media materials. 
        Radio and television stations will be able to rebroadcast foreign media programmes, and the conditions will be stipulated by contracts between the [Montenegrin] broadcasting organization and the foreign medium in question.  Before any measures are taken against a foreign medium, the Montenegrin body in charge must warn it in writing that it has violated the contract or regulations. 
        The [Montenegrin] state body, the body of a local self-administrative unit, or another legal person will have to pay a fine 20 to 50 times as high as the minimum income in Montenegro if it illegally restricts the work of foreign media representatives.  A person in charge will have to pay a fine 5 to 10 times as high as the minimum income in Montengro in such a case. 
        Every legal person will have to pay a fine if it imports or distributes foreign press illegally or if he reproduces it without the approval of the relevant authority. 
Confiscation is not clever 
        Since the interest in the registration of Serbian media organizations in Montenegro is growing, Abas-Beli Cafic, the Montenegrin deputy information minister, has said that anyone who meets legal standards is entitled to register an information company with the same rights and duties as any Montenegrin company. 
        “The announcement that the copies of Montenegrin papers in circulation in Serbia could be confiscated there despite registration is not a clever move since this would ultimately destroy the information system in the Federal Republic of Yugoslavia,” Cafic said. 

‘Vesti,’ Bad Vilbel, October 30, 1998 

II.  Montenegrin PM condemns Serbia’s media crackdown. 

        Montenegrin Prime Minister Filip Vujanovic said [on 29th October] that Montenegro had “a highly negative altitude” towards the suppression of the independent media in Serbia. 
        Vujanovic said in an interview with Podgorica’s daily ‘Pobjeda’ that “the curtailing of the freedom of information represents an attack on constitutionally-guaranteed liberties.” 
        The Montenegrin prime minister also concluded that the actions taken by the Serbian authorities against individual media illustrate “the state’s highly undemocratic attitude towards freedom of information.” 

Beta news agency, Belgrade, October 29, 1998 

III.  Montenegro not to ban foreign relays. 

        Montenegrin Information Secretary Bozidar Jaredic said [on 9th October] that Montenegro “has not the slightest intention” of passing a special regulation which would prescribe the behaviour of the media. 
        Jaredic told Beta that the Serbian government’s regulation on special measures “in conditions of NATO threats” represents “an attempt to control the media,” adding that he saw no reason for passing such a decision. 
        “The Montenegrin Information Law allows foreigners to set up media organizations . . .  [agency ellipsis] If we allow foreigners to do that, why should we not allow the rebroadcast of certain (foreign) programmes,” Jaredic said. 
        “If these programmes do not contain calls for bringing down the government, or spreading national, religious and racial hatred, there is no reason for us to ban such media simply because of their different view on a certain problem,” Jaredic said. 
        “Irrespective of the fact that this is a serious political moment, when Yugoslavia is facing military intervention because it has failed to implement the international community’s demands, we have neither proclaimed martial law nor a state of war, so I see no reason for the passage of such a decision,” Jaredic said. 
        Jaredic concluded that the regulations contained in the latest Serbian government regulation can only “be detrimental to Yugoslavia’ s reputation in the international community and further complicate the current situation.” 

Beta news agency, Belgrade, October 9, 1998 



OTHER MEDIA NEWS

I.  Five private radios closed in Serbia since February. 

        Nenad Cekic, chief editor of the [private] Belgrade-based Radio Index, stated [on 29th October] that the charges filed against him for the illegal possession and use of a radio station represented an attempt by the authorities to “involve the judiciary in the stifling of the media in Serbia.” 
        The charges have been filed against Cekic because of “a serious crime, for which the law does not anticipate a fine, but only a prison sentence from three months to eight years,” Nebojsa Samardzic, lawyer of the Association of Independent Electronic Media [ANEM], told a news conference. . . . 
        ANEM chairman Veran Matic said that five radio stations that were members of this association had been closed since February:  Radio Index, Radio Senta, the Pristina-based Radio Kontakt, Radio Television Pirot and the Nis-based Radio City.   He assessed this as “a serious attack on freedom of speech.” 
        The charges filed against Cekic “only usher in further attacks on the media,” Matic said, adding that the bids invited by the Federal Ministry for Telecommunications for the allocation of frequencies to radio and television stations “were not about the legalization of the media, but about their closure.” 
        “Obviously, Radio Index and the daily ‘Dnevni Telegraf’ were picked to set an example for all other media,” Cekic said, assessing that the charges had been filed against Radio Index because the authorities “were not bold enough to attack Radio B92.” 

Beta news agency, Belgrade, October 29, 1998 

II.  Official warns Kosovo Albanian media. 

        Serbian Assistant Information Minister Dusanka Djogo-Antonovic has said that the new media law is “liberal, much more liberal than many laws in western Europe” and that “there is no room for criticism purporting it to be undemocratic and restrictive.” 
        She told Jagodina Palma Plus Television last night [22nd October] that the information law “does not restrict or limit in any way the freedom to approach state policies or politicians critically and constructively..”. 
        She announced that, in line with the new law, the relevant bodies will have “to give their reaction as regards the media in the Albanian language in Kosovo and Metohija.” 
        Djogo said that 64 newspapers and magazines are published in Albanian in Kosovo, of which only 14 are registered and that “only 14 newspapers” are published in Albania itself. 
        “Most of the papers published in Albanian in Kosovo are against the state, and they seriously violate the basic foundations of our state.  They also violate the constitution,” Djogo said. 
        She said that this meant that “most of these papers are violating the new Serbian media law” and that “the relevant bodies will state their reaction soon.” 

Beta news agency, Belgrade, October 23, 1998 

III.  Seselj cited on curbs on Albanian-language media. 

        Vojislav Seselj, deputy prime minister of the Serbian government, has stated that the Serbian Information Ministry has been “scrutinizing the Albanian-language media,” and has announced “appropriate measures against the media” which have not been complying with the decree on information. 
        “Our intention has been to show to all the Serbian-language media how serious our decree is, and to prevent anyone from saying that the goal of the decree is to deny the freedom of press only to the members of the Shiptar [derogatory term for Albanians] national minority,” Seselj said in last night’s programme of TV Leskovac. 
        He pointed out that the ministry’s job “has been made additionally difficult by the need to translate from Albanian into Serbian.”  Seselj said that “every article is translated from Albanian into Serbian,” and that “this involves a lot of work, because every translation must be professionally done to enable us to react.” 
        “You can be sure that we will react,” Seselj said. 

Beta news agency, Belgrade, October 16, 1998 

IV.  Serbia to tax satellite TV, internet users. 

        The Serbian government will soon publish a new decree according to which all satellite dish users will be obliged to pay a monthly tax of 100 dinars if they wish to watch and listen to foreign television and radio programmes, ‘Dnevni telegraf’ has learnt from a source close to Marjanovic’s cabinet.  The explanation is that the aim of the decree on satellite dishes, as well as the decree on the media, is “to safeguard state interests.” 
        The source assumes that the “satellite tax” will probably “be combined with payment for some regular services, such as electricity, telephone or housing maintenance,” but declined to specify how the state is going to compile a list of all satellite dish owners in Serbia. 
        “There is a chance that the Serbian government will introduce a similar tax for internet users, who can easily get information from the foreign media and their state institutions by surfing the net,” the ‘Dnevni Telegraf’ source explained. 

‘Dnevni telegraf,’ Belgrade, October 10, 1998 

V.  Serbian independent stations fear crackdown. 

        Independent broadcasters in Serbia say they fear a crackdown from the government as the country prepares for the possibility of NATO intervention in the southern province of Kosovo. 
        This week the Serbian Ministry of Information threatened to close down independent broadcasters such as Radio B-92 in Belgrade which relay programmes from foreign radio and television stations. 
        The Association of Independent Electronic Media (ANEM), a grouping of both licensed and unlicensed independent broadcasters in Serbia and Montenegro, warned:  “Most probably, a massive closure and ban of these media and additional state censorship will follow.”  The 33 stations in the ANEM radio network provide independent news to an estimated 80 per cent of the Yugoslav population. 
        This month week, as speculation about possible NATO intervention has grown, Serbia’s official media have carried a series of commentaries accusing the foreign media of waging a propaganda war against Belgrade, and criticising some independent stations in Serbia for rebroadcasting news reports from Western broadcasters such as the BBC and CNN. 
        At a news conference on 2nd October, Serbian Deputy Premier Vojislav Seselj threatened foreign nationals, foreign journalists and “our citizens who serve foreign powers,” stating that they were not protected by the Geneva Conventions.  He specifically mentioned those working for the BBC, Voice of America, Deutsche Welle, Radio Free Europe and Radio France Internationale. 
        Local radio stations which do not normally carry news or political programmes have also jumped on the anti-Western bandwagon.  In the industrial town of Nis in southern Serbia, a station called Fast Radio broadcast satirical slogans about possible NATO military intervention:  “Yellow bomb, green gas, NATO please, not tonight!” 
        The chairman of ANEM and editor in chief of the Belgrade-based Radio B92, Veran Matic, [on 7th October] questioned the legality of the Serbian Information Ministry’s warning against the rebroadcasting of foreign radio and TV programmes.  He advised Association members to carry on broadcasting, in line with current laws. 
        Far from backing military action against Serbia by the West, ANEM has already said that NATO attacks would be, in its words, wrong and politically damaging, because they would give President Milosevic of Yugoslavia an excuse to silence his opponents at home. 
        At the beginning of this month, ANEM had to postpone a planned conference in Belgrade on the theme of “Broadcasting for a Democratic Europe,” because the Yugoslav authorities failed to give guarantees that visas would be issued to all delegates, including senior representatives of the Council of Europe. 
        But ANEM members, as well as worldwide journalists’ groups such as the International Federation of Journalists, fear that Serbian authorities are laying the ground for the closure of independent media and attacks on journalists. 
        Years of official pressure on independent broadcasters in Serbia have failed to silence them.  In December 1996, when the authorities switched off transmissions from Radio B92 and Radio Index, a Belgrade student station, B92 used the Internet to continue reaching listeners inside and outside Yugoslavia.  “We please urge you all to use the Internet as much as possible and to keep in contact with Radio B92,” was the message carried in English language news placed on the station’s Web site. 
        If B-92 and its fellow independent broadcasters should once more face the threat of local jamming or total closure, they are likely again to use the Internet to transmit news, press releases and other reports on their main and back-up Web sites in Serbian and English. 

BBC Monitoring Research, October 8, 1998