LAWON PUBLIC INFORMATION AND MEDIA ("Off. Herald of the RS", Nos. 92/2023 and 51/2025) |
Article 1
Public information shall be provided through the media.
Article 2
The rules on public information shall provide and protect the release, receipt and exchange of information, ideas and opinions through the media in order to promote the values of a democratic society, prevent conflicts and preserve peace, prevent hate speech and intolerance, with the aim of truthful, timely, credible and complete information, including information and raising the level of knowledge of human and minority rights and enabling a free development of personality.
Article 3
This Law shall regulate the way of achieving the freedom of public information, which in particular includes the freedom to collect, publish and receive information, the freedom to form and express ideas and opinions, the freedom to print and distribute newspapers, and the freedom to produce, provide and publish audio and audio-visual media services, the freedom to distribute information and ideas via the Internet and other platforms, as well as the freedom to publish media and perform public information activities.
This Law shall also regulate the principles of public information, public interest in public information, provision and allocation of funds for the realization of public interest, Unified information system for the implementation and monitoring of co-financing of projects in the field of public information, imprint, imprint summary and identification, transparency of media data, Media register and Records of producers of media content, protection of media pluralism, the labor rights of journalists and rights related to work, the status of editors, journalists and representatives of foreign media, media distribution, temporary storage and inspection of media records, special rights and obligations in public information, personal information, means and procedures of legal protection, supervision over the implementation of provisions of the law, as well as penal provisions.
The terms used in this Law, which have a gender meaning, expressed in the grammatical masculine gender, shall imply the natural female and male sex of the person to whom they refer.
Article 4
Public information shall be free and not subject to censorship.
Direct and indirect discrimination of media editors, journalists and other persons in the field of public information shall be prohibited, especially according to their political orientation and beliefs or other personal characteristics.
The free flow of information through the media, as well as the editorial autonomy of the media, shall not be jeopardized, especially by exerting pressure, threat, i.e. blackmail of editors, journalists or sources of information.
Any physical attack on an editor, journalist and other persons participating in the collection and publication of information through the media shall be punishable by law.
Freedom of public information shall not be violated by abuse of public office and public authority, property and other rights, as well as by influence and control over the means for printing and distributing newspapers or electronic communication networks used for the distribution of media content, i.e. the platforms through which distribution of media content is carried out.
Informing on Issues of Interest to the Public
Article 5
Information, ideas and opinions about phenomena, events and persons about which the public has a legitimate interest to know, regardless of the way in which the information was obtained, shall be published through the media, in accordance with the provisions of this Law.
Everyone shall have the right to be truthfully, completely and timely informed about matters of public importance, and the means of public information shall respect such right.
Protection of Media Pluralism and Ban on Monopoly in the Field of Public Information
Article 6
In order to enable citizens to form their own opinion about phenomena, events and persons, a variety of sources of information and media content shall be provided.
In order to protect competition and diversity of ideas and opinions, any action or conduct that restricts, prevents or distorts competition in the field of public information shall be prohibited.
No one can have monopoly on the publication of information, ideas and opinions in the media.
No one can have monopoly on the establishment i.e. distribution of media.
Article 7
For the purpose of forming one's own opinion on the credibility and reliability of information, ideas and opinions published in the media, for the purpose of assessing the possible influence of the media on public opinion, as well as for the protection of media pluralism, the transparency of media data shall be made possible.
Status of Public and Political Office Holders
Article 8
An elected, appointed i.e. assigned holder of a public and political office shall tolerate the expression of critical opinions, which relate to the results of their work, i.e. the policy they implement, tied to the performance of their office, regardless of whether they feel personally affected by the expression of these opinions.
Obligation of Journalistic Due Diligence
Article 9
Prior to publishing information that contains data about a certain phenomenon, event or person, an editor and a journalist shall verify its origin, truthfulness and completeness, with care appropriate to the circumstances and in accordance with the rules of the journalistic profession.
The editor and the journalist shall convey the taken information, ideas and opinions in a reliable and complete manner, and if the information is referenced from another media - to specify also the name of such media.
In case information is downloaded between editorially designed websites, the editor and the journalist shall post a link to the editorially designed website from which the content is downloaded.
Institutions of Public Media Services
Article 10
Institutions of public media services and other media that act in accordance with the principles of public media services shall be particularly obliged to report on phenomena, events and persons in a timely and impartial manner, to enable the expression of ideas and opinions that are represented in the community, to encourage discussion in the spirit of tolerance, on all topics of interest to the public, to produce diverse program contents and to strive for the highest level of service quality.
Article 11
Everyone shall respect the rights of media publishers and providers of audio and audio-visual media services (hereinafter: Publisher).
Natural and juridical persons, domestic and foreign, shall have the same right to publish and other rights in the field of public information, in accordance with the law and a ratified treaty.
Exercising the Right to Information of Persons with Disabilities
Article 12
In order to protect the interests of persons with disabilities and ensure their equal enjoyment of the right to freedom of opinion and expression, the Republic of Serbia, an autonomous province, i.e. a unit of local self-government, shall undertake measures that enable them to receive information intended for the public without hindrance, in an appropriate form and by applying appropriate technology, and provide part of the funds or other conditions for the work of media that publish information in sign language or Braille code or otherwise enable those persons to exercise their rights to public information without hindrance.
The Republic of Serbia shall undertake measures to make informational, educational, cultural and entertainment contents accessible to people with disabilities.
Exercising the Right to Information of Members of National Minorities
Article 13
With a view to enabling members of national minorities to exercise their right to information in their own language and alphabet, and the right to foster their own culture and identity, the Republic of Serbia, the autonomous province i.e. local self-government unit, shall provide part of the funds, through co-financing, or other conditions for the operation of the media that publishes information in the languages of national minorities, through the authority responsible for public information affairs.
The Republic of Serbia, i.e. the autonomous province shall provide from the budget part of the funds for publishing newspapers in the languages of national minorities. Publishers of newspapers whose founders are national councils of national minorities registered on the territory of the Republic of Serbia shall have the right to co-financing.
Criteria for the allocation of funds, method of distribution and determination of the amount of funds from paragraph 2 of this Article shall be regulated by the Government in a separate act.
Application and Interpretation of Legal Provisions
Article 14
The provisions of this Law shall not be interpreted or applied in a way that abolishes the freedom of public information or restricts it to a greater extent than prescribed by this Law.
The provisions of this Law shall be interpreted and applied in accordance with the generally accepted rules of international law, valid international standards of human and minority rights, as well as the practices of international institutions that supervise their implementation.
II PUBLIC INTEREST IN PUBLIC INFORMATION
Article 15
Public interest in the field of public information shall imply:
1) True, impartial, timely and complete information of all citizens of the Republic of Serbia;
2) Information in the native language and alphabet of members of national minorities;
3) Information on topics of local and regional importance;
4) Information provided to foreign public in foreign languages and alphabets, when it is of interest to the Republic of Serbia;
5) Information in the Serbian language and Cyrillic alphabet provided to members of the Serbian nationality who live outside the territory of the Republic of Serbia;
6) Improvement of media and journalistic professionalism and ethical standards, safety and protection of journalists and media workers;
7) Support for the production of media content for the purpose of nurturing and preserving the cultural identity of the Serbian people and national minorities on the territory of the Republic of Serbia;
8) Support for the production of media content aimed at the protection and development of human and minority rights and democracy, the improvement of the state of law and social state, the free development of personality and the protection of children and young people, and other sensitive groups, the development of cultural and artistic creativity, the development of education, including media literacy as part of the education system, development of science, development of sport and physical culture and protection of the environment and human health;
9) Support for the production of media content intended for people with disabilities and adaptation of content to Serbian sign language, Braille code, audio description and other suitable models for people with sensory and intellectual disability;
10) Support for the production of media content in order to raise citizens' interest in the public funds spending and public property transfers;
11) Support for the production of media content with the aim of promoting tolerance, gender equality and intercultural dialogue, preventing all forms of discrimination in public space in order to promote mutual respect and understanding among citizens living in the territory of the Republic of Serbia, regardless of their ethnic, cultural, linguistic, gender or religious identity;
12) Developing and implementing a coordinated national policy, media, information, and digital literacy;
13) Informing about the European integration process of Serbia, the common European cultural, historical, and geographical area, as well as about the policies, values, and future of the European Union;
14) Support for the production of media content in order to improve the safety and protection of journalists and media workers;
15) Support for the production of media content for the purpose of developing awareness of equality, promoting gender equality and eliminating stereotypes and prejudices against male and female members of groups that are at risk of discrimination.
The Republic of Serbia, an autonomous province, i.e. a unit of local self-government, shall foster the realization of public interest by encouraging the diversity of media content, the freedom of expression of ideas and opinions, the free development of independent and professional media and an encouraging environment for the sustainability of the media, which contributes to fulfilment of citizens’ needs for information and content from all areas of life, without discrimination.
Article 16
The Republic of Serbia shall achieve public interest in the field of public information by exclusively:
1) Establishing public services at the national and provincial level, in accordance with the law;
2) Forming an institution to achieve the right to public information of the population in the territory of the Autonomous Province of Kosovo and Metohija;
3) Enabling the national councils of national minorities to establish institutions and business companies in order to achieve the right to public information in the language of the national minority, i.e. foundations in order to achieve the general interest goal of improving public information in the language of the national minority, in accordance with the law;
4) Co-financing projects in the field of public information in order to achieve public interest;
5) Creating a stimulating environment for the work of civil sector media;
6) Creating a stimulating environment for the media to report on local and regional topics;
7) Creating a stimulating environment for the work of multilingual media;
8) Creating and implementing measures for development of informational and digital literacy, and creating a coordinated national network for media, informational, and digital literacy.
An encouraging environment shall imply the creation and maintenance of a political, economic and social environment that the media need for their independent operation, free of pressure.
An incorporation or founding act involving an institution, business company, or foundation referred to in paragraph 1, items 2) and 3) of this Article, shall in particular regulate the way of election and appointment of management bodies, and where an institution, business company i.e. foundation is a media publisher, same rules regarding the editor-in-chief of the media, in a manner that ensures full editorial independence and autonomy of the media.
The director of the institution, business company i.e. the manager of the foundation, where the institution, business company or foundation is a publisher, and the editor-in-chief of the media, shall be appointed and dismissed by the governing body, for a period of four years, based on a carried out public competition.
Two-thirds of the members of the management body of the institution referred to in paragraph 1, item 2) of this Article shall be independent members, and these shall be the persons who, at least three years prior to being appointed as the member of the management board of the institution referred to in paragraph 1, item 2) of this Article, were not officials in the sense of the regulations which regulate the prevention of conflicts of interest when performing public office functions.
When appointing members of the management body of the institution, business company i.e. foundation referred to in paragraph 1, items 1)-3) of this Article, the balanced representation of the sexes must be taken into account.
Article 17
The operating principles of media whose publishers were founded by the national councils of national minorities shall be harmonized with the operating principles of public media services.
The editorial policy of media whose publishers were founded by national councils of national minorities shall be independent from the founder.
The achievement of professional and ethical standards in the work of the media whose publishers were founded by the national councils of national minorities shall be ensured by the adoption of an internal act adopted by the national council of the national minority and the publisher whose founder is the national council of the national minority. The internal act shall more closely regulate the relations between the founder and the publisher whose founder is the national council of the national minority.
When choosing the editor-in-chief of the media whose publishers were founded by the national councils of national minorities, an opinion of the journalistic staff on the candidate shall be obtained. The journalistic staff shall voice its opinion on the editor-in-chief candidate by means of a secret ballot.
A president of a national council of a national minority, a president and members of the executive board of a national council of a national minority, holders of public offices and positions in a political party, as well as persons whose membership in the management body could lead to a conflict of interests in accordance with the regulation that regulates the prevention of conflict of interests in the performance of a public office, shall not be eligible for the role of members of the management body of a media publisher founded by a national council of a national minority.
The members of the management bodies of publishers whose founders are national councils of national minorities shall be appointed from among distinguished experts in the fields that are important for the operation of media whose publishers were founded by national councils of national minorities (experts in the fields of media, culture, management, law, and finance).
A proxy of the publisher whose founder is the national council of the national minority shall be obliged to meet the same requirements as a member of the governing body and have experience in media management.
Publishers whose founders are national councils of national minorities shall publish a financial report and a report on the implementation of the internal act every year.
III CO-FINANCING OF PROJECTS IN THE FIELD OF PUBLIC INFORMATION IN ORDER TO ACHIEVE PUBLIC INTEREST
Method of Providing and Allocating Funds
Article 18
The Republic of Serbia, an autonomous province, i.e. a unit of local self-government, shall provide from the budget part of the funds for the achievement of public interest in the field of public information and allocate it on the basis of conducted public tenders (hereinafter: tender) and by means of individual grants, on the basis of regulations on the allocation of state aid and protection of competition, without discrimination.
Funds that, in accordance with paragraph 1 of this Article, are allocated and transferred to a special dedicated account with the Treasury Administration shall not be subject to compulsory collection in the enforcement proceedings in accordance with the regulations governing enforcement and security interest.
When deciding on the amount of funds, as well as on the minimum and maximum amount of funds that shall be allocated in each announced tender from paragraph 1 of this Article, the public authority shall first take into consideration the actual production costs of media contents for which those tenders are announced.
Paragraph 3 of this Article shall also be applied mutatis mutandis to tenders announced for professional education projects, improvement of professional and ethical standards and research in the field of public information.
A maximum of 5% of the total allocated funds for the realization of public interest in the field of public information can be used for individual grants.
Article 19
A tender shall be announced for projects pertaining to:
1) Production of media content;
2) Professional education, improvement of professional and ethical standards and research in the field of public information.
The Republic of Serbia shall announce a tender in order to provide conditions for work of media that inform people with disabilities as well as members of the Serbian people in the countries of the region in the Serbian language.
The amount of funds earmarked for media content production projects cannot be less than 90% of the amount of funds allocated for the tender.
A tender shall be announced and funds shall be allocated for projects whose implementation may take up to one year from the day the decision on the allocation of funds was rendered.
The time limit for the implementation of the project can be extended by the decision of the authority that announced the tender in case of occurrence of justified circumstances.
Article 20
Starting from the public interest, defined in Article 15 of this Law and the report from Article 28 of this Law, the body responsible for public information affairs of the Republic of Serbia, of the autonomous province, i.e. a local self-government unit, in accordance with the regulations regulating the operation of these bodies, (hereinafter: the authority announcing the tender) shall render a decision on the tenders that are announced during the calendar year.
The authority announcing the tender shall obtain the recommendation of the national councils of national minorities, whose members live in the territory of jurisdiction of the authority that announces the tender, on the media content needed by a certain national minority, in order to raise the quality of information in the native language.
The authority announcing the tender shall announce it no later than March 1 st of the current year for that calendar year.
In the event that the authority referred to in paragraph 3 of this Article suspends the tender procedure that it initiated in accordance with the provisions of this Law, it shall re-announce the tender within 30 days from the day of suspension of the tender procedure.
The authority announcing the tender shall, in particular, take into account the improvement of the quality of information of persons referred to in Articles 12 and 13 of this Law.
The authority responsible for public information affairs of the Republic of Serbia shall announce a tender to improve the quality of information of citizens living in the territory of the Autonomous Province of Kosovo and Metohija.
The tender shall be announced in the form of a public call and published on the web presentation of the authority from paragraph 1 of this Article, as well as on the web portal of the Unified Information System for the implementation and monitoring of co-financing of projects in the field of public information.
Article 21
The tender shall determine:
1) Purpose for the funds allocated by tender and their amount, as well as the minimum and maximum amount that can be approved for the implementation of the project;
2) Eligibility for participation in the tender;
3) Conditions for participation in the tender;
4) Criteria for evaluating projects;
5) Time limits in which the tender is conducted;
6) Documentation submitted by the project applicant.
The tender shall also include a call for nominating the members commissions who will work on evaluation of projects that are submitted in the announced tender.
Tender Participation Eligibility
Article 22
The following shall have the right to participate in the tender:
1) A publisher whose media is registered in the Media Register in accordance with the law, and who has the appropriate authorization to provide media services in accordance with the law governing electronic media, i.e. who is registered in the Register of Media Services maintained by the Regulatory Authority for Electronic Media, where electronic media are concerned;
2) A person engaged in the production of media content and who is registered in the Records of Media Content Producers and who submits proof that the co-financed media content shall be realized through a media that meets the requirements referred to in item 1) of this paragraph.
Any juridical person i.e. sole trader shall be eligible to participate in the public tender referred to in Article 19 paragraph 1 item 2) of this Law, with the exception of persons identified in Article 52 paragraph 1 of this Law.
The provisions referred to in paragraph 1 of this Article shall not apply to publishers who are registered in the territory of the Autonomous Province of Kosovo and Metohija, as well as to a publisher whose seat is located in one of the countries of the region.
Publishers whose seat is located in one of the countries of the region shall be eligible to participate in a tender whose purpose is provision of conditions for the operation of media that inform members of the Serbian people in the countries of the region.
Publishers, i.e. persons engaged in the production of media content who already had the same project supported by tenders announced by the Republic of Serbia, an autonomous province, or a local self-government unit, and for which the user submitted a project implementation report to the authority, shall not be eligible to participate in the tender.
Publishers whose medium has not disclosed basic information about the medium in the form of an imprint shall not be eligible to participate in the tender.
Publishers who are financed from public revenues for performing activities in the field of public information shall not be eligible to participate in the tender.
Tender Participation Conditions
Article 23
Only one project can be submitted for the tender.
A project in the sense of this Law shall imply a rounded program unit or part of a unit (genre and time unit) which contributes to the achievement of public interest provided for in Article 15 of this Law.
The project in terms of this Law shall not imply coverage of social, economic, political, cultural, sport and other events on a daily basis (news, central news show, morning program, overview of the day, etc.).
A publisher who has multiple media can compete with one project for each media.
A tender participant can submit a request for project co-financing in an amount that does not exceed 80% of the justified costs of the proposed project, and at most up to the amount determined by the tender.
A participant in the tender for the production of media content for television can submit a request for co-financing of projects in an amount that does not exceed 50% of the justified costs of production of media content, and at most up to the amount determined by the tender.
A tender participant who in the current calendar year has already used the funds intended for project co-financing in the field of public information at the republican, provincial or local level can participate in the tender for co-financing of the same project only once more in that year, in the amount that, with the funds he already received, does not exceed 80% of justified costs, i.e. 50% of justified costs for televisions.
A tender participant, who does not have the appropriate capacities, can hire another person for the production of media content whose value does not exceed 20% of the amount of funds allocated by the authority for the realization of the project, provided that this person is registered in the Records of Media Content Producers.
A person who is hired to produce part of the media content referred to in paragraph 8 of this Article can neither be employed by the publisher nor by a person related to the publisher in the sense of the law regulating the legal status of companies and other forms of business organization.
The authority announcing the tender cannot prescribe criteria that put a certain publisher in a more favorable position by prescribing unjustified criteria, and especially by conditioning on the scope and quality of the previous cooperation of the public authority body with a certain publisher, by creating criteria that can be fulfilled by only one or a small number of publishers.
Article 24
The project shall be evaluated according to:
1) The extent to which the proposed project activities are suitable to achieve public interest in the field of public information, in accordance with Article 15 of this Law and
2) According to the extent to which the medium through which the project shall be implemented adheres to professional and ethical standards.
The measure from paragraph 1, item 2) of this Article shall be proven by obtaining data from the competent bodies that in the year preceding the tender, no measure was issued by the regulatory body in the case of electronic media, or no act of the self-regulatory body of the Press Council was adopted - for printed and online media, which determined that the specific medium violated the legal provisions, i.e. the standard of professional ethics.
If the measure referred to in paragraph 2 of this Article is imposed, the severity of the violation and the number of imposed measures shall be taken into account, as well as the behavior following the imposed measure, which is also proven based on the data of the competent regulatory or self-regulatory body referred to in paragraph 2 of this Article, and which will be more closely regulated by the act referred to in Article 30 of this Law.
More detailed criteria for each announced tender shall be published in the public call for participation in the tender.
Article 25
The evaluation of the projects submitted to the tender shall be carried out by a commission of three or five members (hereinafter: the Commission).
The opinion of the corresponding national council of the national minority must be obtained for the projects that are attached to the tender announced for the purpose of raising the quality of information of members of national minorities.
The members of the commission referred to in paragraph 1 of this Article shall be appointed by the head of the authority that announced the tender, namely from among theoreticians, analysts and practitioners in the field of media who apply independently, i.e. for whom such application is served by a journalist and media associations, and who are not in a conflict of interest, i.e. who do not perform a public function, in the sense of the regulations regulating the conflict of interest when performing a public function.
The majority of the members of the commission referred to in paragraph 1 of this Article shall be the ones who were referenced by journalist and media associations, if such a reference exists and if the referenced persons meet the requirements stipulated by law.
A person who enjoys a reputation among the professionals, who has an academic education in a field important for the media or has published scientific and professional works or has experience in the field of media can be appointed as a member of the Commission.
Appointed, elected or assigned persons in the bodies of the Republic of Serbia, autonomous province, local self-government unit, officials of state companies and other companies, institutions and other organizations whose founder or member is the Republic of Serbia, autonomous province, local self-government unit, as well as persons connected with these persons in terms of the regulations governing conflicts of interest in the performance of public functions, shall not participate in the work of the commission referred to in paragraph 1 of this Article.
Commission members cannot be persons employed by or otherwise hired by the public authority body that announced the tender.
Professional and administrative-technical support for the commission's work shall be provided by employees or persons otherwise hired by the public authority body that announced the tender.
Commission members shall be appointed for each tender separately, and the appointment decision and rating lists for evaluating resumes, as well as the resumes of all candidates for Commission members, including the resumes of appointed Commission members, shall be published, without delay, on the website of the authority that announced the tender as well as on the web portal of the Unified Information System for the implementation and monitoring of co-financing of projects in the field of public information.
Personal data stated in the biographies of candidates for Commission members shall be published in accordance with the regulations that govern the protection of personal data.
The Commission shall compile a reasoned proposal, rating lists of all received projects and submit them, together with the record of their of work and decision-making process, to the head of the public authority that announced the tender. The reasoned proposal, rating lists of all received projects, record of work and decision-making process shall be published, without delay, on the web presentation of the authority that announced the tender and on the web portal of the Unified Information System for the implementation and monitoring of co-financing of projects in the field of public information.
The reasoned decision proposal shall be signed by all members of the Commission.
A member of the commission shall have the right to a fee his work.
The amount of fee for the work of a Commission member shall be determined by the minister, i.e. a competent authority of the autonomous province, i.e. a competent authority of the local self-government unit, in accordance with the available funds in the budget.
The minister responsible for public information affairs shall prescribe the layout and content of the form for submitting resumes and regulate in more detail the scoring criteria based on the submitted resumes.
The minister responsible for public information shall prescribe the layout and content of the project submission form and regulate in more detail the criteria for evaluation of received projects, as well as the way the Commission works and makes decisions.
Decision on Allocation of Funds
Article 26
The decision on the allocation of funds shall be made without delay by the head of the authority that announced the tender, based on the reasoned proposal of the commission.
The decision referred to in paragraph 1 of this Article shall be made in the form of a decision with an explanation for each announced tender no later than within 90 days from the date of the conclusion of the tender.
The decision referred to in paragraph 1 of this Article cannot deviate from the proposal of the Commission, unless the proposal of the Commission contradicts the regulation or the criteria published in the public call.
In the event that the public authority body assesses that the Commission's proposal is not in accordance with the regulation, it shall indicate the observed deficiency to the Commission in writing.
The Commission shall consider the deficiency referred to in paragraph 4 of this Article without delay at a special session.
If the Commission does not amend its proposal during the reconsideration, the public authority shall issue a decision in accordance with the regulation.
The decision referred to in paragraph 2 of this Article shall be final in administrative proceedings and an administrative dispute can be initiated against it.
The decision on the allocation of funds shall be delivered to each tender participant electronically, without delay.
The decision from paragraph 2 of this Article shall be the basis for concluding a contract with the person who was awarded the co-financing funds for the project.
The decision referred to in paragraph 2 and the contract referred to in paragraph 9 of this Article shall be published on the website of the authority that announced the tender, in the same section where the tender was published, as well as on the web portal of the Unified Information System for the implementation and monitoring of co-financing projects in the field of public information.
Report on Implemented Activities
Article 27
The narrative and financial report on the implemented project activities shall be submitted to the authority that made the decision on the allocation of funds, in accordance with the contractual obligations.
Enclosed with the report referred to in paragraph 1 of this Article, proof of the realization of the project shall be submitted.
A person who received funds for co-financing projects in the field of public information in the amount larger than RSD 1.200,000 shall submit a report of an authorized auditor along with the narrative and financial report referred to in paragraph 1 of this Article.
The person having the obligation to submit the report from paragraph 3 of this Article shall finance the costs of its preparation from the funds allocated by the public authority for the implementation of the project.
The reports referred to in paragraph 1 of this Article shall be submitted no later than 30 days from the day of project completion, and the report referred to in paragraph 3 of this Article shall be submitted no later than 60 days from the date of project completion.
In the event that the user of the funds does not submit the reports referred to in paragraphs 1 and 3 of this Article, i.e. if the allocated funds were used fraudulently, the authority that allocated the funds shall demand the return of the allocated funds, i.e. fraudulently spent funds with the associated interest calculated from the date of transfer of funds for the realization of the project.
The narrative and financial report on the implemented project activities shall also include data disaggregated by gender.
The authority announcing the tender, upon completion of the project co-financing in the current year, shall prepare a report on the conducted tenders in the field of public information in relation to the thematic and genre diversity and the target groups for which the content is intended, and in accordance with the definition of public interest in the field of public information from Article 15 of this Law, and publish it without delay, and at the latest by the end of the calendar year, on the web presentation of the authority that announced the tender, as well as on the web portal of the Unified Information System for the implementation and monitoring of co-financing of projects in the field of public information.
The authority announcing the tender shall conduct an evaluation of the implementation of projects supported by tenders during the previous calendar year (internal evaluation).
In addition to the internal evaluation referred to in paragraph 9 of this Article, the authority announcing the tender shall hire at least once in every three years, persons who have professional knowledge related to the production of media content, and who, for the needs of the body that announces the tender, shall conduct an evaluation of the implementation of projects supported on tenders during the previous calendar year (external evaluation).
The authority announcing the tender, no later than December 31 of the current year, for projects realized in the previous year, shall publish a report on the performed evaluation (internal or external) on its web presentation as well as on the web portal of the Unified Information System for the implementation and monitoring of co-financing of projects in the field of public information.
The minister responsible for public information affairs shall prescribe the forms for submitting narrative and financial reports, the method of preparing the report referred to in paragraphs 8 and 9 of this Article, as well as the criteria for evaluation of supported projects, the obligation to protect business secrets and copyright of funds beneficiaries, as well as other issues of importance for the implementation of the evaluation.
Analysis of Required Media Content
Article 28
The Republic of Serbia, an autonomous province, i.e. a local self-government unit, shall conduct an analysis of the required media content at least once in every three years, based on the definition of public interest in the field of public information referred to in Article 15 of this Law, and prepare a report on such analysis that is an integral part of public tenders referred to in Article 19 of this Law.
In the process of analysis and preparation of the report, the public authority body referred to in paragraph 1 of this Article may hire accredited higher education institutions and scientific research organizations that have expertise in the production of media content.
In the process of analysis and report drafting, the body referred to in paragraph 1 of this Article shall use available reports, analyses and other materials of importance for the creation of a proposal on required media content that achieves public interest in the field of public information.
In order to obtain proposals from experts and the general public, in the analysis process, the public authority body referred to in paragraph 1 of this Article shall conduct public consultations that shall not last shorter than 30 days.
In the process of public consultations, the public authority body shall collect proposals from expert and general public about the required media content that achieves some of the objectives of public interest prescribed in Article 15 of this Law, and prepare a report thereof which it shall be published on its web presentation.
The public authority body referred to in paragraph 1 of this Article shall adopt a program of public consultations, which shall contain the duration of the consultations and a notice to interested parties on the manner of preparing proposals on the necessary media content of public interest, and publish it on its web presentation.
The proposal on the topic of public consultation shall be submitted in writing.
The report on analysis of the required media content shall include at least:
1) A report on the tenders conducted, that the public authority body completed in the period preceding the drafting of the analysis;
2) An evaluation of the realization of the projects from Article 27 of this Law (internal and external evaluation), which was drafted for the period preceding the drafting of the analysis;
3) An analysis of reports from media and journalist associations and citizens' associations, as well as other materials relevant to the field of project co-financing, which refer to the period preceding the analysis drafting;
4) A report from the public hearing;
5) Proposals for determining thematic fields and genre diversity of media content, as well as target groups that will be co-financed by the public authority body in the period until the next analysis drafting;
6) A recommendation for determining the amount of funds that will be determined per announced tender, as well as the minimum and maximum amount of funds approved per project;
7) Other data relevant for the as precise as possible identification of missing media content of public interest.
The report referred to in paragraph 1 of this Article shall be published without delay on the web presentation of the authority that announced the tender, as well as on the web portal of the Unified Information System for the implementation and monitoring of co-financing projects in the field of public information.
The minister responsible for public information affairs shall regulate the manner of preparation of reports from paragraphs 1 and 5 of this Article and prescribe the layout and content of the form for submitting a proposal in the public consultation procedure.
Article 29
Funds earmarked for individual grants from Article 18 of this Law shall be allocated by the decision of the head of the authority responsible for public information affairs, which shall be reached without conducting a public tender.
The provisions of Articles 22, 23, 24, 26 and 27 of this Law shall be applied mutatis mutandis to the conditions and procedure of allocation of funds earmarked for individual grants.
Other Rules Concerning the Provision and Allocation of Funds
Article 30
The minister in charge of public information affairs shall issue a regulation whereby the co-financing of projects for the realization of public interest in the field of public information is regulated.
The tender application form must contain data on whether the project applicant has already used public funds for the same project.
Unified Information System for Implementing and Monitoring the Co-financing of Projects in the Field of Public Information
Article 31
In order to unify all relevant information and improve the transparency of realization, the ministry responsible for public information affairs (hereinafter: The Ministry) shall establish and manage the Unified Information System for the implementation and monitoring of co-financing of projects in the field of public information (hereinafter: Unified Information System).
The unified information system shall enable the registration and acquisition, processing and delivery of data, i.e. the preparation, drafting and submission of documents in electronic form of importance for the tender, the work of the commission, facilitated access to media content from Article 19, paragraph 1, item 1) of this Law, as well as preparation and publication of the public call referred to in Article 20, paragraph 7 of this Law.
The project co-financing procedure shall be carried out exclusively through the Unified Information System.
The Ministry shall develop and maintain the Unified Information System with the technical support of the state administration body responsible for the design, construction, connection, development and maintenance of the resources of information and communication technologies and infrastructure required for the provision of electronic administration services, as well as with its support in the application of the aforementioned technologies.
The detailed conditions and method of establishing the Unified Information System, registration, processing, management, updating and availability of data and documents in electronic form, user authentication and authorization, as well as other issues of technical importance for the management of the Unified Information System shall be prescribed by the minister responsible for information affairs.
Entities Obliged to Enter Data and Documents into the Unified Information System
Article 32
Entities obliged to enter data and documents and users of the Unified Information System shall include:
1) The Republic of Serbia, an autonomous province, i.e. local self-government units that conduct public tenders in the field of public information;
2) Publishers and producers of media content participating in tenders in the field of public information;
3) Journalistic and media associations and media experts who apply to be members of commissions;
4) Representatives of state bodies, the Regulatory Body for Electronic Media and the Press Council who impose measures on the media for violating regulations and professional and ethical standards;
5) Members of commissions.
Entities obliged to enter data and documents from paragraph 1, items 1) and 4) of this Article shall appoint an authorized person within 15 days from the date of establishment of the Unified Information System, who, on behalf and for the account of the obliged entity, shall perform data and document entry tasks via the web portal referred to in Article 31, paragraph 3 of this Law.
Entities obliged to enter data and documents from paragraph 1, items 2) and 3) of this Article shall enter the data and register them on the web portal referred to in Article 31, paragraph 3 of this Law by the end of the year preceding the year of the tender announcement.
In order to enable access to the Unified Information System, the obliged entities referred to in paragraph 1 of this Article shall inform the Ministry thereof without delay, and no later than within 3 working days of their appointment.
Should the entity obliged to enter data and documents referred to in paragraph 1, items 1) and 4) of this Article fail to fulfil the duties from paragraphs 2 and 4 of this Article, it shall be deemed that the person authorized to enter data and documents is the responsible person of the obliged entity.
Should the entity obliged to enter data and documents referred to in paragraph 1, items 2), 3) and 5) of this Article fail to fulfil the duties from paragraphs 3 and 4 of this Article, such entity shall be denied the right to participate in the tender, i.e. to apply as a member of the commission.
Entities obliged to enter data from paragraph 1, item 3) of this Article shall enter personal data, namely: name and surname, address, place of residence, contact telephone number, email address, information on education and work experience in the field of media.
The data referred to in paragraph 7 of this Article shall be processed for the purpose of selecting the best candidates for commission members, and shall be stored in accordance with the law governing the protection of personal data, with the obligation to respect the proportionality of processing in relation to the goals and purpose of data processing.
Content of the Unified Information System
Article 33
The Unified Information System shall contain:
1) Data on the media, publisher and producer of media content that are the due to be registered, i.e. recorded under this Law, in particular the registration number of the media, incorporation number, TIN, business name/designation and seat of the publisher, as well as the number of the license for provision of media services issued by the Regulatory Authority for Electronic Media;
2) Data on measures imposed on entities referred to in item 1) of this paragraph, by state authorities, the Regulatory Authority for Electronic Media and the Press Council for violating regulations and professional and ethical standards;
3) Text of the tender drawn up in accordance with this Law;
4) Data on candidates for commission members;
5) Act deciding on the appointment of commission members;
6) Decision on allocation of funds;
7) Narrative and financial reports on project implementation;
8) Produced media content;
9) Authority's report on the conducted tender;
10) Data on initiated and completed procedures for non-compliance with contractual obligations in the project co-financing procedure.
The data referred to in paragraph 1, item 1) of this Article shall be taken from the Media Register, i.e. the Records of Media Content Producers.
Apart from the content referred to in paragraph 1 of this Article, the Unified Information System may also contain other data and documents in electronic form that are important for conducting the tender.
The content of the Unified Information System referred to in paragraph 1 of this Article shall be prescribed by the minister responsible for information affairs.
Web Portal of the Unified Information System
Article 34
In order to improve transparency and provide information related to the implementation of the tender, the public shall be enabled to view the content from Article 33, paragraph 1 of this Law, through the appropriate web portal of the Unified Information System, in accordance with the regulations governing electronic administration and electronic business.
IV MEDIA AND MEDIA CONTENT PRODUCERS
Article 35
Media are means of public information using words, images i.e. sounds that convey editorially shaped information, ideas and opinions and other content intended for public distribution and for unspecified number of users.
In the sense of this Law, the term "media" shall imply, in particular, daily and periodical newspapers, news agency service, radio and television programs and electronic editions of such media, as well as independent electronic editions (editorially designed internet pages).
The media shall not have the status of a juridical person.
Article 36
Civil sector media shall imply means of public information that provide their services in the public interest, in order to satisfy the specific interests of individual social groups and citizen organizations.
A civil sector media publisher cannot be a juridical person established for the purpose of making a profit.
Article 37
Media shall not be a: book, film, carrier of audio and audio-visual content, scientific and professional magazine intended primarily for information or education of a certain professional group, other printed publications, catalogue containing only notices, advertisements, advertisements and information intended for the market or newsletter and similar publications intended for internal information, electronic publication of state bodies and organizations, institutions, state companies and business entities, sole traders and their associations, official gazette, printed material such as leaflets, posters and similar means of public information, other publication in terms of regulations governing publishing, or internet search engines and aggregators.
Media in the sense of this Law, shall not be: platforms, such as internet forums, social networks and other platforms that enable the free exchange of information, ideas and opinions of their members, or any other independent electronic publication, such as blogs, web presentations and similar electronic presentations, unless they are registered in the Media Register in accordance with this Law.
Article 38
Any newspaper with a distinct name shall be considered to be a single media.
All editions of one newspaper issued under the same name shall be considered to be a single media.
Each individual radio or television program shall be considered to be a single media, regardless of the method of distribution.
Each service of a news agency that is distributed separately shall be considered to be a single media.
A stand-alone electronic publication shall be considered to be a single media.
Article 39
A publisher can be a sole trader and a juridical person.
A sole trader and a juridical person, as media publishers, must be registered with the authority of the Republic of Serbia responsible for business registers.
The juridical person referred to in paragraph 1 of this Article can be established by any domestic or foreign juridical or natural person, in accordance with the law.
The juridical person referred to in paragraph 1 of this Article can be established, directly or indirectly, neither by the Republic, an autonomous province and a local self-government unit, nor by an institution or a juridical person that is wholly or partly in state ownership, i.e. which is wholly or partly financed from public revenues.
The conditions from paragraph 4 of this Article shall not apply to the cases:
1) Provided for in Article 16, paragraph 1, items 1)-3) of this Law,
2) Where the founder of the juridical person referred to in paragraph 1 of this Article is a capital company performing the activity of electronic communications, in accordance with the law regulating electronic media, provided that it is not a beneficiary of state aid in the sense of the Law on Confirmation of the Stabilization and Association Agreement between the European Communities and their member states, on the one hand, and the Republic of Serbia, on the other, i.e. the law regulating the control of state aid.
The state aid referred to in paragraph 5, item 2) of this Article shall be assessed based on the criteria resulting from the application of the competition rules applied in the European Union, and in particular, those set forth in Article 107 of the Treaty on the functioning of the European Union and instruments of interpretation adopted by the institutions of the European Union.
In order to protect the freedom of public information referred to in Article 4 of this Law, the publisher shall prepare and publish a document that provides measures and procedures for the protection of editorial policy, which is registered in accordance with this Law.
Article 39a
The principles underpinning the operation of public media services shall be applied mutatis mutandis also to the principles of operation of media whose publishers are entities established directly or indirectly by persons referred to in Article 39, paragraph 5, item 2) of this Law.
The editorial policy of media whose publishers are entities established directly or indirectly by persons referred to in Article 39, paragraph 5, item 2) of this Law shall be independent from the founders of such publishers.
The realization of professional and ethical standards in the operation of media whose publishers are entities established directly or indirectly by persons referred to in Article 39, paragraph 5, item 2) of this Law shall be ensured through enacting of an internal ethical code, which shall be adopted by the journalistic staff of the media.
Members of the management body of a publisher whose founders are persons referred to in Article 39, paragraph 5, item 2) of this Law cannot be holders of public offices or political party functions, or persons whose membership in the management body could result in a conflict of interest, for a period of two years following the termination the function, and in accordance with a regulation governing the prevention of conflicts of interest in the exercise of public office.
Members of the management body of a publisher whose founders are persons referred to in Article 39, paragraph 5, item 2) of this Law shall be appointed from among experts in disciplines relevant to the performance of publisher’s operations (experts in the field of media, culture, management, law, and finance).
The representative of a publisher whose founders are persons referred to in Article 39, paragraph 5, item 2) of this Law must satisfy the same eligibility criteria as a member of the management body, as well as to possess experience in media management.
Publishers whose founders are persons referred to in Article 39, paragraph 5, item 2) of this Law shall publish each year, on their website, a financial report and a report on the implementation of the internal ethical code.
Article 40
The right to publish media shall be subject to legal transactions.
The change of publisher shall be entered in the Media Register, in accordance with this Law.
The change of publisher referred to in paragraph 2 of this Article shall affect the third parties from the day of registration of such change.
The legal transactions referred to in paragraph 1 of this Article shall be concluded in writing.
The right to change the publisher of electronic media shall be regulated by the law governing the field of electronic media.
Article 41
A producer of media content shall be a juridical person or a sole trader which, as their line of business, produces content intended for publication in the media, but is not a publisher.
Producers of media content must be registered with the authority of the Republic of Serbia responsible for business registers.
The juridical person referred to in paragraph 1 of this Article can be incorporated by any domestic or foreign juridical or natural person, in accordance with the law.
The juridical person referred to in paragraph 1 of this Article can be incorporated, directly or indirectly, neither by the Republic, an autonomous province and a local self-government unit, nor by an institution or a juridical person that is wholly or partly in state ownership, i.e. which is wholly or partly financed from public revenues.
The conditions from paragraph 4 of this Article shall not apply to the cases:
1) Provided for in Article 16, paragraph 1, items 1)-3) of this Law,
2) Where the founder of the juridical person referred to in paragraph 1 of this Article is a capital company whose line of business is electronic communications, in accordance with the law regulating electronic media, provided that such company is not a beneficiary of state aid in the sense of the Law on Confirmation of the Stabilization and Association Agreement between the European Communities and their member states, on the one hand, and the Republic of Serbia, on the other, i.e. the law regulating the control of state aid.
The state aid referred to in paragraph 5, item 2) of this Article shall be assessed based on the criteria resulting from the application of competition rules that are applied in the European Union, and in particular, those set forth in Article 107 of the Treaty on the functioning of the European Union and instruments of interpretation adopted by the institutions of the European Union.
V IMPRINT, IMPRINT SUMMARY AND IDENTIFICATION
Article 42
Basic information about the media must be published in each media in the form of an imprint, imprint summary i.e. identification.
Article 43
The media imprint shall contain: name of the media, name and seat of the publisher, address of the e-mail or website, personal names of the editor-in-chief of the media and editors in charge of individual editions, sections, i.e. program units, information about the competent regulatory i.e. supervisory bodies, as well as the registration number of the media.
In addition to the data referred to in paragraph 1 of this Article, the imprint of the provider of audio and audio-visual media services shall also contain the date of the broadcast of the program and the time of broadcasting of the imprint, as well as the designation of frequency, i.e. the television channel on which the program is broadcast, while the imprint of the news agency shall contain the date of delivery of the information.
The imprint summary of the newspaper shall contain the name and date of publication of the newspaper.
The identification of the television program shall contain the characteristic symbol of the audio-visual media service, i.e. the television program.
Radio program identification shall contain the name of the radio program and the radio frequency on which the program is broadcast.
The imprint summary of the news agency shall contain the name of the service and the date of delivery of the information.
The imprint summary of independent electronic editions shall contain the name of the edition and the date of delivery of the information.
Article 44
The imprint must be fully and visibly published and clearly separated from the rest of the media content.
The imprint and the imprint summary of the newspaper shall be published in each issue and on each copy of the newspaper.
An imprint summary of the newspaper shall be published in the margin of each page.
The imprint of the television and radio program shall be published at the beginning and at the end of the program, every day when the program is broadcast, and were the program is broadcast continuously - every day between midnight and two o'clock.
The identification of the television program shall be published throughout the duration of the program.
Radio program identification shall be announced at least once every two hours of program duration.
The imprint of the news agency shall be published at least once a day.
An imprint summary of the news agency shall be published with each published piece of information.
The imprint of the independent electronic edition shall be published at the bottom of the front page of the electronic edition.
Imprint, imprint summary, i.e. identification of other media shall be published in a convenient way, in accordance with the provisions of this Article.
VI TRANSPARENCY OF MEDIA DATA, MEDIA REGISTER AND RECORDS OF PRODUCERS OF MEDIA CONTENT
Media Register and Records of Media Content Producers
Article 45
The Media register (hereinafter: the Register) and Records of producers of media content (hereinafter: the Records) shall be maintained by the Agency for Business Registers (hereinafter: the Agency), in accordance with the law regulating the legal status of the Agency and the law regulating the registration procedure at the Agency and this law.
Purpose of the Register and Records
Article 46
The purpose of the Register and Records shall be the provision of transparency for data on media and producers of media content.
Content of the Register and Records
Article 47
The following shall be registered in the Register:
1) Name and registration number of the media referred to in Article 35 of this Law;
2) Personal name and UPIN of a domestic natural person or passport number and country of passport issuance of a foreign natural person who is the editor-in-chief of the media;
3) Number of the license for provision of media services for electronic media;
4) Data on the language in which the media is published, i.e. in which the media service is provided;
5) Data about the Internet, electronic and other forms of media;
6) Internet address for media that are exclusively distributed via the Internet;
7) Business name/title, registered office and incorporation number of the media publisher/media service provider;
8) A document containing data on juridical and natural persons that directly or indirectly have more than 5% of the share in the founding capital of the publisher, data on their related entities in the sense of the law governing the legal status of companies and data on other publishers in which these persons have more than 5% share in the founding capital;
9) Data on the amount of pecuniary funds allocated to the media as state aid, i.e. de minimis aid in accordance with the law;
10) Data on the amount of pecuniary funds received directly or indirectly from public authorities, which implies state bodies, bodies of territorial autonomy, bodies of local self-government units, organizations entrusted with the exercise of public powers, as well as juridical persons founded or financed fully, i.e. in the majority part by the Republic of Serbia, an autonomous province, i.e. a unit of local self-government (hereinafter referred to as: public authority body), or from a company in which a public authority body holds a significant share in the share capital, in the sense of the law regulating the legal status of companies, originating from other sources than the ones defined by item 9) of this paragraph, including donations, gifts, sponsorships, market research and economic research services, public opinion polling services, campaign, advertising and marketing services, promotion services, media services relying on application of regulations in the field of public procurement, as well as other services provided by the media, the dinar equivalent of the free lease service provided by the public authority body to the media publisher, calculated in accordance with tax regulations, public advertising and public information, as well as all other grants of funds to media publishers by these persons;
11) A document that prescribes internal measures and procedures for achieving gender equality;
12) A document that prescribes measures and procedures for the protection of editorial policy;
13) A document prescribing measures and procedures for employment of persons with disabilities;
14) A document prescribing measures and procedures for ensuring a safe working environment for journalists and media workers;
15) Data on the average paid circulation of media in a calendar year;
16) Other documents on the basis of which the registration was made;
17) Date and time of registration;
18) Changes in registered data;
19) Date and time of data change registration.
The following shall be recorded in the Records of Media Content Producers:
1) Business name/title, registered office and incorporation number of the media content producer;
2) A document containing data on juridical and natural persons that directly or indirectly have more than 5% share in the founding capital of a media content producer, data on their related parties in the sense of the law governing the legal status of companies and data on publishers or other producers of media content in which those persons have more than 5% share in the founding capital;
3) Data on the amount of funds allocated to the producer of media content as state aid, i.e. de minimis aid in accordance with the provisions of this Law;
4) Other documents on the basis of which the registration was made;
5) Date and time of registration;
6) Changes in registered data;
7) Date and time of data change registration.
The document referred to in paragraph 1, item 8) and paragraph 2, item 2) of this Article must contain the business name/title, seat and incorporation/registration number of the juridical person, the personal name and UPIN of a domestic natural person or the passport number and the name of the state that issued the passport of a foreign natural person, as well as their individual percentage participation in management rights.
The applicant for the registration of data referred to in paragraph 1, items 9) and 10) of this Article shall be a body of public authority, i.e. a company in which a significant share in the share capital, in terms of the law regulating the legal status of companies, is held by a body of public authority. The application shall contain at least the following information: registration number and name of the media, data on allocated i.e. received pecuniary funds, name and internal agency number of the public authority body, or business name and incorporation number of the company in which a public authority body has a significant share in the share capital, indication of the basis on which the funds were allocated, i.e. received, the type of act by which the funds are allocated (decision, resolution, contract, etc.), the number of the act and the date of its adoption.
The applicant for the recording of data referred to in paragraph 2, item 3) of this Article shall be a public authority body. The application shall contain at least the following data: business name/title and incorporation number of the media content producer to whom the funds were allocated, the amount of the allocated pecuniary funds, an indication of the basis on which the funds were allocated, the number of the act and the date of its adoption.
Data on pecuniary funds referred to in paragraph 1, items 9) and 10) and paragraph 2, item 3) of this Article shall be reported to the Media Register, i.e. the Records no later than 15 days from the day of the rendering of the decision on the allocation of funds, i.e. they shall be taken from the Unified Information System starting from the day of its establishment.
Data on the average paid circulation referred to in paragraph 1, item 15) of this Article for the previous calendar year shall be reported to the Register by March 31 of the current year.
All public procurements of media services by the public authority bodies shall be awarded in accordance with transparent, objective, proportionate, and non-discriminatory criteria, which shall be announced publicly in advance on the website of the public authority body, as well as through open, proportionate, and non-discriminatory procedures.
Changes to Registered data and Documents
Article 48
Changes to registered data shall be reported to the Register and Records no later than 15 days after the change occurred.
In the event of a discrepancy between the data published in the imprint and the data registered in the Register, the data registered in the Register shall be considered correct.
Deleting Media from the Register and Deleting Producers of Media Content from the Records
Article 49
A media shall be deleted from the Register based on the application from the publisher.
The registrar shall ex officio delete the media from the Register:
1) Based on the decision of the competent state body in connection with Article 55 of this Law;
2) After deletion of the publisher from the register in which it was registered;
3) Upon deletion from the Register of Media Services maintained by the Regulatory Authority for Electronic Media;
4) For another reason prescribed by a special law.
The producer of media content shall be deleted from the Register based on the application of the representative.
The registrar shall ex officio delete the media and the producer of media content from the Register, i.e. the Records after deletion of the publisher, i.e. producer of media content from the register in which it was registered, without passing a special act.
Decision on Registration and Recording
Article 50
An appeal can be filed with the minister responsible for public information affairs, through the Agency, against the decision passed by the registrar maintaining the Register and the Records, within 30 days from the date of publication of such decision on the Agency's website. The minister's decision shall be final and an administrative dispute can be initiated against it.
Documentation for Registration and Recording
Article 51
The minister in charge of public information shall prescribe the documentation to be submitted in the registration and recording process.
Consequences of Failure to Register
Article 52
To a publisher whose media is not entered in the Register, i.e. to a producer of media content that is not entered in the Records, the Republic of Serbia, an autonomous province and a unit of local self-government, as well as an institution, company and other juridical person that is in whole or in part state-owned or that financed in whole or in part from public revenues, projects cannot be co-financed or state aid otherwise granted in the field of public information.
The Republic of Serbia, an autonomous province and a unit of local self-government, as well as an institution, company and other juridical person that is state-owned or financed in whole or in part from public revenues, shall not advertise with or use other services of media, i.e. producers of media content from paragraph 1 of this Article.
VII PROTECTION OF MEDIA PLURALISM
Prohibition of Violation of Media Pluralism
Article 53
In order to prevent the emergence or strengthening of a dominant influence in the field of public information, which significantly limits media pluralism, it shall be forbidden to merge the following:
- Founding, i.e. management rights in two or more publishers of daily newspapers that publish information from all areas of social life, whose total annual circulation exceeds 50% of the paid or otherwise realized circulation of daily newspapers on the territory of the Republic of Serbia, in the calendar year preceding the merging;
- Founding, i.e. management rights in two or more print media publishers that publish information from all areas of social life, regardless of the publication dynamics, whose total annual circulation exceeds 50% of the paid or otherwise realized circulation of the corresponding print media on the relevant national, regional or local market in the calendar year preceding the merging;
- Founding i.e. management rights in two or more publishers that provide audio i.e. audio-visual media services, whose combined share in listening i.e. viewing exceeds 35% of the total listening or viewing in the coverage area, i.e. on the relevant national, regional or local market in the calendar year preceding the merging.
A relevant market in the sense of this Law shall be considered to be the territory where publishers issue printed media that publish information from all areas of social life, or provide audio, i.e. audio-visual media services, and where the same or similar conditions of competition exist, but which differ significantly from the conditions of competition in neighboring territories.
When determining the relevant market, the criteria for determining the relevant geographic market prescribed in accordance with the law regulating the protection of competition shall be taken into account.
Consolidation of founding, i.e. management rights shall imply the possibility of decisive influence on the conduct of business of two or more publishers, especially in the capacity of a controlling (parent) company, i.e. controlling member or shareholder, on the basis of ownership or other property rights on assets or part of assets, on the basis of rights from contracts, agreements or securities, on the basis of receivables or means of collateral for securing receivables or on the basis of business practice conditions.
Paragraphs 1 and 2 of this Article shall be without prejudice to the application of provisions of the law governing protection of competition.
Article 54
Acquiring a share of more than 50% in the founding capital between a publisher of a daily newspaper which publishes information from all areas of social life, with an average paid daily circulation of more than 50,000 copies on annual level, and a publisher that provides audio and audio-visual media services, shall be prohibited.
Acquiring of a share of more than 50% in the founding capital between a publisher of printed media that publish information from all areas of social life, regardless of the dynamics of publication, and a publisher that provides audio and audio-visual media services in the same relevant market narrower than the national one, shall be prohibited.
A person who, in addition to the activity of a publisher, also engages in the distribution of media content, shall perform the publishing business through a related juridical person.
Related juridical persons within the meaning of this Law shall include the persons related in such way that one or more of them have the possibility of decisive influence on the management of business operations of the other juridical person or other juridical persons, and especially influence arising from:
1) The status of the controlling (parent) company, i.e. the controlling member or shareholder, independently or by acting jointly, under the rules on related parties in the sense of the law governing the status of companies;
2) Ownership or other rights on the property or part of the property of another juridical person;
3) Contracts, agreements or ownership rights on securities;
4) Receivables, means of collateral or conditions of business practice controlled by, i.e. set by the controlling person.
Establishing that Media Pluralism is in Jeopardy
Article 55
The existence of dangers to media pluralism for print media shall be identified by the ministry responsible for public information affairs, and in cases of merging or cross-acquisition of shares in which at least one electronic media participates, by the independent regulatory authority responsible for electronic media, in accordance with the law governing the field of electronic media.
The Ministry responsible for public information affairs shall initiate the procedure from paragraph 1 of this Article following a report by an interested party or ex officio.
Where it identifies dangers to media pluralism, the ministry referred to in paragraph 2 of this Article shall warn the publisher thereof and order it to submit evidence that the causes of dangers to media pluralism were removed by its actions, within six months from the day of receiving the warning.
The Ministry from paragraph 2 of this Articles shall, ex officio, inform the Registrar about the issued warning to the publisher.
Should the publisher of printed media fail to comply with the warning referred to in paragraph 3 of this Article, the Registrar shall, based on the decision of the ministry responsible for public information affairs, delete the media from the Register.
VIII RIGHTS OF JOURNALISTS AT WORK AND RELATED TO WORK, EDITORS, PROFESSIONAL ASSOCIATIONS OF JOURNALISTS AND REPRESENTATIVES OF FOREIGN MEDIA
Rights of Journalists to Publish Assertions and Express Views and Opinions
Article 56
A journalist shall not have his/her employment terminated, his/her contracted salary or contracted compensation for work reduced, or put in a disadvantageous position in any other way because he/she published a true assertion or expressed an opinion in the media, as well as because he/she expressed his/her opinion outside the media as a personal point of view.
A journalist shall not have his/her employment terminated, his/her salary reduced, or his/her position in the journalist staff worsened because of his/her refusal to carry out an order that would violate the legal and ethical rules of the journalistic profession.
Right of Journalists to Authenticity of their Stories
Article 57
Texts, articles, stories and other media content, except announcements, statements of third parties and service information, must be signed with the name and surname, initials or alias of the author or group of authors.
A story by a journalist whose meaning has been changed in the editorial process shall not be published under his/her name without his/her consent.
Article 58
A journalist shall not be obliged to reveal the source of information, except for data related to a criminal offense, i.e. the perpetrator of a criminal offense for which as punishment, imprisonment of at least five years is prescribed, if the data for such criminal offense cannot be obtained in another way.
Article 59
The employer shall set the working hours schedule for all employees in the media, in accordance with the law regulating employment.
The employer shall deliver a written notification about the working hours schedule to the employees no later than 48 hours in advance.
Changes to Working Hours Schedule in Case of Urgent Need
Article 60
In the event of an urgent need, the employer can change the working hours schedule no later than during the working day for the following working day - if circumstances occurred that could have not been predicted, eliminated or avoided, provided that the employee is provided with daily rest in accordance with the law regulating employment.
The employer can notify the employee orally about changes to the working hours schedule referred to in paragraph 1 of this Article, and make a written notification within 24 hours.
Article 61
The employer can introduce standby time to the employee, in accordance with the law regulating employment.
The standby time shall not last longer than four hours a day, i.e. twelve hours a week.
Standby time shall not be introduced to an employee who works overtime or in the mode of redistribution of working hours.
Compensation for each hour spent in standby mode amounts to 10% of the hourly value of the employee's basic salary. In addition, the general act of the employer, the collective agreement or the employment contract can determine a higher amount of compensation.
Right to be excluded from Communication
Article 62
The employee shall have the right not to respond to the employer's communication during weekly rest and annual leave, in accordance with the schedule of working hours and schedule of annual leaves made by the employer, regardless of how it was made (telephone call, electronic messages, etc.), unless during his/her absence there were extraordinary circumstances in the country, which concern the field covered by the employee (emergency situations, states of emergency, states of general threat to citizens' health, etc.).
An employee shall not be subject to disciplinary measures, or suffer any other adverse consequences, for exercising the rights referred to in paragraph 1 of this Article.
Article 63
The media must have an editor-in-chief.
The editor-in-chief of a media shall be liable as editor of such media.
The editor in charge of an individual edition, section or program unit shall be liable for the content he/she edits to the editor-in-chief.
The employment of an editor shall not be terminated, his/her salary reduced, or be dismissed for refusing to carry out an order that would violate the legal and ethical rules of the journalistic profession.
The editor-in-chief shall not be a person enjoying immunity from liability.
A person whose domicile is in the territory of the Republic of Serbia shall be appointed as the editor-in-chief.
Freedom of Professional Association
Article 64
Journalists can freely establish their own associations, in accordance with the law regulating associations.
Rights of the Association in Court Proceedings
Article 65
The journalistic association shall have a legal interest to intervene in an employment dispute in which a member of that association participates, provided that he/she does not oppose thereto.
Representatives of Foreign Media and Correspondent Offices of Foreign Media
Article 66
A representative of foreign media (editor, journalist, photo-reporter, cameraman, and other associates) and correspondent office of foreign media shall have the same rights and duties in the performance of their activities as a domestic editor, journalist, other associates and the media.
In order to facilitate the performance of journalistic work, a representative of foreign media and correspondent office of foreign media can be registered in the records of foreign representatives and correspondent offices, which shall be kept in the ministry responsible for public information affairs, on the basis of which they are issued appropriate identification.
Foreign correspondent office, as an organized representative office of foreign media, shall acquire the status of a juridical person by being entered into the records.
The ministry in charge of public information affairs shall regulate in more detail the manner of keeping and entering in the records and issuing identification cards from paragraph 2 of this Article.
IX DISTRIBUTION OF MEDIA AND MEDIA CONTENT
Article 67
The distribution of domestic and foreign media and media content shall be free.
The freedom of distribution referred to in paragraph 1 of this Article shall ensure to the public the access to media and media content in the distribution network, regardless of the means by which the media is made available to the public.
Article 68
The distributor shall have the right to refuse to distribute media that have no imprint.
In the event of a dispute regarding information published in the media that the distributor accepted to distribute without an imprint, the distributor shall also be liable.
Prohibition of Refusal to Distribute
Article 69
A person whose business is media distribution shall neither refuse media distribution by applying unequal distribution conditions in relation to different participants in the media market, nor in any other way significantly limit, distort or prevent competition on the relevant media market, on the territory of the Republic of Serbia, in accordance with the provisions of the law regulating the protection of competition.
A publisher whose distribution has been suspended in whole or in a significant part due to the violation of the prohibition from paragraph 1 of this Article shall have the right to file for damages with the competent court due to the loss suffered as a result such suspension.
The damages that arose due to the violation of the provisions of paragraph 1 of this Article shall be awarded in particular taking into account the value of the unsold circulation, i.e. the share in the auditorium, as well as the value of the sold advertising space in the unsold circulation, i.e. in the audio and audio-visual media service that was not provided.
The lawsuit involving the claim referred to in paragraph 2 of this Article shall conducted under the rules of urgency.
In the proceedings referred to in paragraph 2 of this Article, the competent court, at the motion of the publisher, shall impose an injunction obliging the person engaging in the distribution of media to continue distributing such media until the legally binding conclusion of the proceedings.
The competent court shall decide on the motion referred to in paragraph 5 of this Article within eight days from the date of submission of the motion and immediately deliver its decision to the publisher, the editor-in-chief of the media and the person engaging in media distribution.
Prohibition of Distribution of Information or Other Media Content
Article 70
At the motion of the competent public prosecutor, the competent court can prohibit the distribution of information or other media content (hereinafter: information) if this is necessary in a democratic society and if the information refers to:
1) An act of immediate violent overthrow of the constitutional order;
2) An act of direct violence against a person or group on the basis of race, nationality, political affiliation, religion, gender, sexual orientation, gender identity, disability or other personal characteristic, and the publishing of the information presents a danger of a serious and irreparable consequence whose occurrence cannot be prevented in another way.
Article 71
A motion to prohibit the distribution of the information (hereinafter: motion for prohibition) shall be made by the competent public prosecutor.
The motion for prohibition can include a request for the prohibition of the distribution of the information referred to in Article 70 of this Law, the seizing of copies of the newspaper containing that information if the purpose of the prohibition can be achieved only in that way, i.e. the prohibition of dissemination of such information via another media.
Article 72
At the motion of the competent public prosecutor, the competent court may pass a decision to prohibit the distribution of information temporarily, until the legally binding decision regarding the prohibition is made.
The court shall decide on the motion referred to in paragraph 1 of this Article within six hours of the moment the motion was made.
The competent court shall immediately deliver the decision on the interim prohibition to the publisher, the editor-in-chief, as well as to the distributor and the printing house.
The competent court shall order the ministry that has jurisdiction over internal affairs to prevent distribution of information by virtue of the decision from paragraph 1 of this Article.
Article 73
The hearing concerning the motion for prohibition shall be held within 24 hours of the moment of receipt of the motion.
The hearing referred to in paragraph 1 of this Article can be also held in the absence of the duly summoned parties, about which the parties shall be explicitly informed in the summons.
Decision on the Motion for Prohibition
Article 74
The court shall make a decision on the motion for prohibition immediately after the hearing, and the president of the panel shall announce it without further delay.
The decision shall be made in writing and the authenticated copy thereof shall be delivered to the parties within three days of its announcement.
Rejection of Motion for Prohibition
Article 75
In the decision rejecting the motion for prohibition, the order to temporarily disable the distribution of the information referred to in Article 72 paragraph 1 of this Law shall be repealed.
The appeal of the competent public prosecutor against the decision referred to in paragraph 1 of this Article shall not delay its enforcement.
Article 76
If the court rejects the motion for prohibition, the publisher shall be entitled to damages due to the loss caused by unjustified interim prohibition.
Appeal against the Decision of the First Instance Court
Article 77
An appeal against the decision of the court of first instance on the motion for prohibition shall be lodged within three days of the day of receipt of the copy of the decision.
The appeal shall not be delivered to the opposing party for response.
The timely and admissible appeal, along with the case file, shall be delivered to the court of the second instance by the court of first instance, within two days of the day of receipt of the appeal.
The court of second instance can summon and hear the parties.
The court of second instance shall decide on the appeal within three days of the day of receipt of the appeal with the case file.
Mutatis Mutandis Application of the Rules of Criminal Procedure
Article 78
Unless prescribed otherwise in this Law, the provisions of the law governing criminal procedure shall apply mutatis mutandis to the procedure of prohibition of distribution of information.
X TEMPORARY STORAGE OF MEDIA RECORDING AND RIGHT OF INSPECTION
Article 79
The publisher shall store one copy of a media recording (hereinafter: recording), and in particular of the following:
1) A newspaper - each issue of each edition - for six months from the date of publishing;
2) An independent electronic edition - six months from the date of publishing;
3) A recording of a published radio or television show - six months from the date of publishing;
4) Other recording - 30 days from the day of its publishing.
Right to Inspect and Right to Copy
Article 80
The publisher shall make the stored recordings available for inspection and submit a copy thereof at the request of the court, other competent state authority, the regulatory authority for the field of electronic media, as well as at the request of an interested person, without delay, and at the latest within three days from the day of receipt of the written request.
The publisher shall not be obliged to make the stored recordings available for inspection, i.e. to provide a copy of the recordings where the requester has been provided with the address of the webpage from which the recordings can be downloaded free of charge in their unaltered form.
Exercising the Right to Inspection
Article 81
Inspection of the recording shall be carried out in the premises of the publisher on a certain day during working hours.
In the event that a person cannot access the recording unassisted, such person shall be allowed to view the recording with the help of an assistant.
Article 82
The inspection of the recording shall be free of charge.
In order to make a copy of the recording, compensation for the necessary copying costs can be requested.
At the request of the court, the competent state authority, as well as the regulatory authority for the field of electronic media, a copy of the recording shall be made and delivered free of charge, if the request is related to the performance of tasks within their jurisdiction.
Abuse of the Right to Inspect Media Recording
Article 83
The publisher shall have the right to refuse the request for inspection and making a copy of the recording if the requester abuses his/her right, especially if he/she unreasonably frequently submits the request or if he/she repeats the request for inspection of the same or already obtained recording, i.e. for the recording that is available free of charge at the Internet address already referred to the requester by the publisher.
XI SPECIAL RIGHTS AND OBLIGATIONS IN PUBLIC INFORMING
Publishing of Information Related to Criminal Proceedings
Article 84
This Law shall respect the right to freedom of information and freedom of the media. Journalists shall have the freedom to report on and comment upon the functioning of the criminal justice system, including ongoing criminal proceedings.
No person shall be qualified in the media as the perpetrator of a criminal offence, or declared guilty or responsible for a criminal offence before the final court decision has been reached.
Article 85
(Deleted)
Article 86
Ideas, opinions, i.e. information published in the media shall not incite discrimination, hatred or violence against a person or group of persons because of their belonging or not belonging to a race, religion, nation or gender, due to their sexual orientation, gender identity or other personal property, regardless of whether a criminal offense was committed by such publication.
Article 87
No breach of prohibition of hate speech shall exist if the information referred to in Article 86 of this Law is a part of a journalistic text, which has been published:
1) Without the intention to incite discrimination, hatred or violence against a person or group of persons from Article 86 of this Law, especially if such information is part of an objective journalistic report;
2) With the intent to criticize discrimination, hate or violence against an individual or a group of individuals referred to in Article 86 of this Law, or the occurrences that constitute or can constitute incitement to such behavior.
Article 88
With a view to protecting free character development of minors, the particular consideration must be taken that the content and manner of distribution of the media do not impair the moral, intellectual, emotional or social development of minors.
Prohibition on Public Display of Pornography
Article 89
Printed media with pornographic content must not be publicly displayed in a manner accessible to minors.
Printed media with pornographic content on the front and back pages must not contain pornography, and must have a visible warning that it contains pornography, as well as a warning that it is not intended for minors.
The provisions of the special law regulating electronic media shall be applied to pornographic audio and audio-visual media content, as well as to content distributed via the Internet.
Personal Dignity and Right to Authenticity
Article 90
The personal dignity (honor, reputation, or piety) of the person to whom the information relates shall be legally protected.
Publication of information that harms honor, reputation or piety, i.e. portrays a person in a false light by attributing characteristics or properties that he/she does not have, i.e. by renouncing the characteristics or properties that he/she has, shall not be allowed if the interest in publishing the information does not outweigh the interest in protecting dignity and the right to authenticity, especially if it does not contribute to the public debate about a phenomenon, event or person to which the information refers.
The depiction or description of a scene of violence in the media or media content must not violate the dignity of the victim of violence.
Depicting a person in caricature, satire, collage or other similar form shall not be deemed the violation of dignity i.e. of the right to authenticity.
Private Life and Personal Records
Article 91
Information regarding private life i.e. personal records (a letter, diary, note, digital record, etc.), recording of images (photographs, drawings, film, video, digital, etc.) and audio recordings (tape recordings, gramophone records, digital, etc.), shall not be published without the consent of the person whose private life the information refers to, i.e. of the person whose words, image i.e. voice it contains, if such publication can lead to the reveal of that person's identity.
A minor shall not be made recognizable in the information that can violate his/her right or interest.
Consent shall also be required for the direct transmission of image or voice via television, radio and the like.
Information and records from paragraph 1 of this Article shall not be published without the consent of the person to whom they refer, if publication would violate his/her right to privacy or any other right.
Consent given for one publication, for a specific method of publication, i.e. for publication for a specific purpose, shall not be considered consent for repeated publication, for publication in another manner, i.e. for publication for other purposes.
Article 92
If the person referred to in Article 91, para. 1, 2 and 4 of this Law is deceased, consent shall be given by his/her spouse, independently by a child starting from the age of fifteen, a parent, blood relative in the direct line, adoptive parent or guardian, i.e. another legal representative, brother, sister, juridical person where the deceased participated in some role (as an official, member, employee) if the information, i.e. the record refers to his/her participation in that juridical person, or the person designated by the deceased for that purpose, i.e. the person invited to the inheritance.
The termination of the juridical person shall not jeopardize the right of the juridical person’s participant who is personally affected by the information, i.e. record.
It shall be deemed that the consent is given as soon as one of the persons referred to in paragraph 1 of this Article gave it, regardless of whether other persons refused to give one.
When no Consent is required for Publication
Article 93
Information from private life, i.e. personal records can exceptionally be published without the consent of the person referred to in Articles 91 and 92 of this Law if, in a specific case, the interest of the public to know the information, i.e. the record, prevails in relation to the interest to prevent publication.
It shall be considered that the interest of the public from paragraph 1 of this Article prevails in relation to the interest to prevent the publication of information from private life, i.e. a person's personal record, in particular:
1) If that person dedicated the information or record to the public, i.e. delivered it to the media for the purpose of publication;
2) If the information, i.e. the record, refers to a person, phenomenon or event of interest to the public, especially if it refers to the holder of a public or political office;
3) If the person attracted the attention of the public with his/her public statements, i.e. his/her behavior in private, family or professional life and thus caused the publication of information, i.e. records;
4) If the information has been communicated, i.e. the record made in a public parliamentary debate or a public debate in a parliamentary body;
5) If publication is in the interest of the judiciary, national security or public safety;
6) If the person did not object to the collection of information i.e. the making of the record, although he/she was aware that this was done for publication purposes;
7) If the publication is in the interest of science or education;
8) If the publication is necessary for the purpose of warning of danger (prevention of an infectious disease, finding a missing person, prevention of fraud, etc.);
9) If the record refers to a multitude of characters or voices (of fans, concert audience, demonstrators, street passers-by, etc.);
10) If it is a record from a public gathering;
11) If the face is shown as part of a landscape, nature, panorama, populated place, square, street or as part of a similar scene.
XIII REPLY TO INFORMATION AND CORRECTION OF INFORMATION
Article 94
The person to whom the information which may violate his/her right or interest relates, can request the editor-in-chief to publish, free of charge, a reply in which he/she claims that the information is untrue, incomplete or incorrectly transmitted.
If the editor-in-chief fails to publish the reply, and if no reason for not publishing the reply set out in this Law exists, or if he/she publishes the reply in an improper manner, the holder of the right of reply can file a complaint against the editor-in-chief for the publication of the reply.
The lawsuit involving the publication of the reply shall be limited only to establishing the facts determined by this Law which give rise to the obligation of the editor-in-chief to publish the reply.
Article 95
A person whose right or interest has been violated by untrue, incomplete or incorrectly transmitted information can bring an action before the court to order the editor-in-chief to publish, free of charge, a correction of such information as untrue, incomplete or incorrectly transmitted.
The lawsuit involving the publication of correction shall be limited to the argument about incorrectness, incompleteness or inaccurateness of the transmitted information, and to whether the plaintiff's right or interest has been violated by the information.
Right of Other Persons to Reply or Correction
Article 96
If a person is incapable of looking after his/her own interests, the reply i.e. complaint for publishing the reply and complaint for publishing the correction shall be submitted by his/her legal representative, and in case of a juridical person - authorized body of the juridical person.
A person participating in a juridical person (member, official or employee) shall have the right of independent reply or correction if the published information refers to both the juridical person and personally to the participant.
If the person to whom the information refers is deceased, the right of reply or correction may be exercised by: the spouse, children, parents, the juridical person the deceased participated in if the information refers to his/her activities in the juridical person, and other persons whose memory of the deceased may be or is offended by the publication of the information.
If the juridical person to which the information relates has ceased to exist, participants in the juridical person shall have the right to reply and correction.
With the publication of reply or correction by one of the persons referred to in paragraphs 3 and 4 of this Article, the right of reply and correction of other persons shall cease when the requested reply and correction concerns the same parts of the information.
Time Limit for a Request to Publish a Reply
Article 97
A request for the publication of a reply shall be submitted to the editor-in-chief within 30 days from the date of publication of the information in a daily newspaper or in a daily radio or television broadcast, i.e. within 60 days from the publication of the information in a printed periodical or in a periodical radio or television broadcast.
If the reply is submitted by a person whose domicile or temporary residence is abroad, the time limit shall be 60 days.
Time Limit for Publishing a Reply
Article 98
The editor-in-chief shall publish the reply without delay, and at the latest in the second following issue of the daily newspaper, i.e. in the second following daily broadcast after the arrival of the reply.
The reply to an information which refers to a participant in an election campaign shall be published in the next issue, i.e. in the first following broadcast after the arrival of the reply.
Time Limit for Complaint involving Failure to Publish a Reply
Article 99
If the editor-in-chief fails to publish the reply, a complaint due to failure to publish the reply can be submitted within 30 days from the day of expiry of the publishing time limit referred to in Article 98 of this Law.
Time Limit for Publishing a Reply on the basis of a Judgment
Article 100
If the claim for reply publishing is adopted by the court, the court shall order the editor- in-chief to publish the reply without delay, and at the latest in the second following issue of the daily newspaper, i.e. in the second following daily broadcast after the arrival of the judgment ordering the publication of the reply.
If the information to which the reply is affiliated concerns a participant in an election campaign, the reply shall be published in the first following issue, i.e. in the first following broadcast after the arrival of the judgment ordering the publication of the reply.
Time Limit for Correction Publishing Complaint
Article 101
The complaint requesting publication of correction can be filed within 90 days from the day of publication of the information.
Time Limit for Publishing a Correction
Article 102
The editor-in-chief shall publish the correction without delay, and at the latest in the second following issue of the daily newspaper, i.e. in the second following daily broadcast after the arrival of the judgment for the publication of the correction.
If the information being corrected refers to a participant in the election campaign, the correction shall be published in the first following issue, i.e. the first following broadcast after the arrival of the judgment for the publication of the correction.
Time Limits in the Event of Death, i.e. Termination of Juridical Person
Article 103
If the information refers to a person who has died, i.e. to a juridical person that terminated during the time limit for submitting the request for reply or correction publishing, i.e. during the time limit for filing the complaint for reply or correction publishing, the time limit shall start anew from the day of death of the person, i.e. day of termination of the juridical person.
Court Penalties and Complaint’s Appendix
Article 104
A plaintiff can request that the court orders the defendant to publish a reply, i.e. a correction, under the threat of payment of a certain appropriate pecuniary amount to the plaintiff in case of failure to publish.
An issue or a copy of the printed media in which the information was published, i.e. if available, an audio or video recording of a show in which the information was broadcast, shall be attached to the complaint.
Order to Deliver Audio, i.e. Audio-Video Recording
Article 105
The editor-in-chief of the media in which the information was published shall, upon delivery of the complaint for reply, i.e. correction publishing, and at the court’s request, deliver the audio, i.e. audio-visual recording of the broadcast to the court.
Submission of Multiple Replies
Article 106
If an authorized person sends several replies differing in content within the time limit, either simultaneously or in succession, the editor-in-chief shall publish the one marked as definitive.
If no reply has been marked as definitive, the editor-in-chief shall publish the reply last received, and if the replies arrived simultaneously, he/she shall publish the one that is the most complete in terms of Article 94 paragraph 1 of this Law.
Principle of Equal Effectiveness of Information and Reply, i.e. Correction
Article 107
The reply, i.e. the correction shall be published in the same part of the media, in the same edition, in the same section, on the same page, with the same layout, i.e. in the same part of the broadcast, as the published information to which the reply is sent, and under the same title, with the qualification "reply", i.e. "correction".
If the layout of the information to which a reply or correction is sent contains illustrations (tables, photos, drawings, video recording, etc.), the reply, i.e. the correction can also contain them.
The reply, i.e. correction shall be published in its entirety, unless where the information being replied to, i.e. being corrected was published in sequels, and the scope of the reply i.e. correction requires its publication in sequels.
If the broadcast that published the information which is being replied to, i.e. being corrected, was the only one or the last one in a series, the reply i.e. the correction shall be published in the broadcast most similar to the original one, or in the most similar time slot.
If the media that published the information which is being replied to, i.e. being corrected, has ceased to exist, the reply i.e. correction shall be published in the similar media and such publishing shall be paid for by the person who was the publisher or the editor-in-chief at the time of publication of the information which is being replied to, i.e. being corrected, i.e. paid for by a legal successor of the publisher.
If the same media publishes again the information to which a reply has already been published, it shall be emphasized at the same time that the reply was published, whose reply it was, when and where it was published, and the reply shall be published upon request as well.
If a media publishes again the information for which a correction has been published, the correction must be published at the same time, as well.
If another media publishes the information for which a response i.e. correction has been published, the reply or correction must be published upon request.
The reply i.e. correction shall be published in the language in which the information which is being replied to, i.e. corrected was published.
If the reply, i.e. correction has been written in a language that is different from the language in which the information being replied to i.e. corrected had been published, the editor-in-chief shall publish the reply i.e. the correction if the holder of the right of reply i.e. correction translates at his/her own expense the reply, i.e. the correction into the language in which the information replied to i.e. corrected had been published.
Ban on Amending or Commenting a Reply or a Correction
Article 108
The reply, i.e. the correction, shall be published without changes, omissions or additions.
Only the most essential proofreading amendments that do not alter the meaning shall be allowed.
If the published reply, i.e. correction was altered in its entirety, or in part, the editor-in-chief shall upon request publish the original text of the reply, i.e. correction, i.e. the original parts of the reply, i.e. correction.
It shall not be allowed to comment the reply i.e. correction in the same issue of the media, i.e. in the same broadcast, in which the reply i.e. correction is published, or in other broadcasts on the same day the reply i.e. correction is published.
Reasons for Not Publishing a Reply
Article 109
The editor-in-chief shall not be obliged to publish a reply i.e. the court shall not order the editor-in-chief to publish a reply if:
1) The reply has been submitted by a person to whom the information does not refer or another unauthorized person;
2) A reply of the same content by one of the authorized persons has already been published in the same media;
3) A reaction the same in content by an authorized person has already been published in the same media in another, equally valid form (an interview, statement, and other);
4) The lawsuit involving the publication of a reply to the same information submitted beforehand has not yet been completed with a final ruling;
5) In the request for the publication of the reply the applicant did not state his/her name and address, i.e. the name and registered office, as well as if he/she did not sign the reply personally, i.e. if a special power of attorney was not attached to the reply that was submitted through a proxy;
6) The answer does not refer to the information to which the applicant claims to be responding;
7) The information being replied to is not marked (title of the information, number and page of the newspaper where it was published, name of the broadcast and time of broadcast, etc.), and the editor-in-chief cannot determine which information it refers to;
8) The reply refers to an opinion and not to a statement of facts, or if the reply does not contain a statement of facts, but an opinion;
9) The reply does not dispute the truthfulness, completeness or accuracy of the transmission of information, as well as if the reply refers to information that may be untrue, incomplete or incorrectly transmitted, but does not violate a right or interest of the person;
10) The reply is not in the language in which the information being replied to was published, nor is it subsequently translated into that language;
11) The reply is inappropriately longer than the information, and the applicant does not shorten it within the time limit for submitting the reply;
12) The reply was submitted after the expiry of the time limit for submitting the reply;
13) The reply is illegible, incomprehensible or nonsensical, and is not edited prior to the expiry of the time limit for submitting the reply;
14) The publication of the reply due to its content may cause a ban on the distribution of the information, criminal or civil liability;
15) A correction of the same information which is being replied to has already been published, or if the effect of demanded reply publishing has been achieved in another way, unless it is a case of a repeated publication of the information;
16) The truthfulness, completeness or accuracy of the transmission of the information being replied to is obvious, well-known or determined by a final act of the competent authority;
17) The content of the information being replied to matches the content of the information authorized by the person requesting the publication of the reply;
18) The untruthfulness, incompleteness or inaccuracy of the transmission of the information being replied to is such that it does not affect the truthfulness, completeness or accuracy of the information itself;
19) The reply refers to information communicated in a public parliamentary debate, a public debate in a parliamentary body or in court proceedings.
The reasons for not publishing the reply shall also apply to not publishing a part of the reply.
Informing of the Reason for Not Publishing a Reply
Article 110
If a newspaper is published, i.e. a radio or television show is broadcast at intervals longer than 30 days, the editor-in-chief shall inform the applicant of the reason for refusing to publish the reply within seven days from the day of receiving the reply publishing request.
Reasons for the Court Not to Order the Publication of a Correction
Article 111
The court shall not order the editor-in-chief to publish the correction or a part of the correction: if the plaintiff fails to prove that the published information is untrue, incomplete or incorrectly transmitted; if the information is untrue, incomplete or incorrectly transmitted, and the court determines that it does not violate the right of the person to whom it refers; if any of the reasons for not publishing listed in Article 109, paragraph 1, items 1), 2), 4) and 6)-18) of this Law exist, which are applicable mutatis mutandis to correction.
XIV OTHER FORMS OF JUDICIAL PROTECTION
Article 112
If the publishing of an information i.e. recording violates the presumption of innocence, prohibition of hate speech, rights and interests of minors, ban of public display of pornographic content, right to personal dignity, right to authenticity i.e. right to privacy, in accordance with the provisions of this Law, a complaint can include the following claims:
1) Finding that the publishing of information i.e. recording has violated a right i.e. an interest;
2) Failure to publish, as well as prohibition of re-publishing of information, i.e. recording;
3) Surrendering of the recording, removal or destruction of the published recording (deletion of the video recording, deletion of the audio recording, destruction of negatives, removal from publications and the like).
Article 113
A person who is personally affected by the publication of the information or recording shall have the right to file the complaint referred to in Article 112 of this Law.
The right to file the complaint referred to in paragraph 1 of this Article shall also belong to a juridical person engaged in the protection of human rights in case of violation of prohibition of hate speech and rights and interests of minors.
If the information i.e. recording refers to a particular person, the juridical person referred to in paragraph 2 of this Article can file the complaint only with a consent of the person to whom the information refers.
Article 114
The complaint referred to in Article 112 of this Law shall be filed against the editor-in-chief of the media in which the information i.e. recording was published.
Temporary Ban on Republishing of Information
Article 115
A person whose right was violated by the publishing of information i.e. of a recording referred to in Article 112 of this Law, can request from the court to restrain the editor-in-chief by means of an injunction, until the final conclusion of the lawsuit at the latest, from republishing the same information i.e. recording.
The plaintiff must prove the probability that there is an actual danger that the information i.e. recording will be republished, and that the republishing of the information i.e. recording would violate his/her right or interest referred to in Article 112 of this Law.
The court shall decide on the motion for issuing of injunction without delay, and within 48 hours from the submission of the motion at the latest.
An objection to the decision on injunction can be filed within 48 hours from the receipt of the decision, and the court shall decide on the objection within 48 hours.
Article 116
Attached to the complaint referred to in Article 112, items 2) and 3) of this Law, as well as to the motion for temporary ban on republishing of information from Article 115 of this Law, a motion can be filed requesting that the competent court issue a warning to the editor-in-chief that he/she shall pay an appropriate pecuniary amount to the plaintiff if he/she acts contrary to the court's decision.
Application of Other Provisions of this Law
Article 117
The provisions of Article 103, Article 104, paragraph 2, and Article 105 of this Law shall apply mutatis mutandis to complaints referred to in Article 112 of this Law.
XV INFORMATION ON THE OUTCOME OF CRIMINAL PROCEEDINGS
Article 118
If information is published in the media that criminal proceedings have been initiated against a certain person, such person shall have the right, when the proceedings are over, to request that the editor-in-chief publishes, free of charge, information about the final closure of the proceedings, rejection of charges, i.e. acquittal.
If the editor-in-chief fails to publish the information about the final closure of the proceedings, rejection of charges, i.e. acquittal and none of the reasons for non-publishing specified by this Law exists, as well as if the information is published in an illegal manner, the right holder can file a complaint against the editor-in-chief for publishing of the information.
Time Limit for Request and Content of the Information
Article 119
The request referred to in Article 118 of this Law can be submitted to the editor-in-chief within 30 days from the day of final closure of the criminal proceedings, at the latest.
The information, the publication of which is requested, can only contain the facts that refer to the final closure of the proceedings, and not an opinion and commentary regarding the original information.
Time Limit for Publishing the Information
Article 120
The information referred to in Article 118 of this Law shall be published without delay, and at the latest in the second following issue of the daily newspaper, i.e. in the second following daily broadcast from the arrival of the request for its publication.
Reasons for Not Publishing the Information
Article 121
The editor-in-chief shall not be obliged to publish the information, i.e. part of the information from Article 118 of this Law:
1) If publishing is requested by an unauthorized person;
2) If the information of the same content, about the closure of criminal proceedings, which is also true and complete, has already been published in the same media;
3) If the authorized person did not specify his/her name and address, i.e. business name and registered office in the request for publication;
4) If the original information is not indicated in the request, and it cannot be easily determined which information it refers to;
5) If the information contains only an opinion or a commentary regarding the original information;
6) If the information or part of the information about the final closure of the proceedings, rejection of the charges, i.e. acquittal is untrue;
7) If the information is of inappropriate length, and the applicant does not shorten it at the request of the editor-in-chief of the media within 15 days from the date of submission of the request;
8) If the request for publication of information was submitted after the time limit’s expiry;
9) If the content of the information or part of the information is such that its publication would cause criminal or civil liability.
Application of Other Provisions of this Law
Article 122
The publishing of information on the outcome of criminal proceedings shall be subject to mutatis mutandis application of Art. 99, 100, 103-105, 107 and 108 of this Law.
Article 123
The person referred to in information whose publication is prohibited according to this Law, and who suffers loss or injury due to its publication, shall have the right to damages in accordance with the general regulations and provisions of this Law, independently of other means of legal protection that are available to that person in accordance with the provisions of this Law.
The right to damages from paragraph 1 of this Article shall be also available to a person whose reply, correction or other information were not published, the publishing of which was ordered by a decision of the competent court, and who suffered loss due to non-publication.
Liability of a Journalist and the Editor-in-Chief
Article 124
A journalist, i.e. the editor-in-chief, shall be responsible for the loss caused by the publication of the information referred to in Article 123, paragraph 1 of this Law, if it is proven that the loss was caused by his/her fault.
Publisher’s Absolute Liability
Article 125
The publisher shall be liable for the loss caused by the publication of the information referred to in Article 123, paragraph 1 of this Law, as well as for the failure to publish the information referred to in Article 123, paragraph 2 of this Law, regardless of fault.
Article 126
A journalist, the editor-in-chief and the publisher shall be jointly and severally liable for the loss caused by the publication of the information referred to in Article 123, paragraph 1 of this Law, as well as for the omission to publish the information referred to in Article 123, paragraph 2 of this Law.
The joint and several liability referred to in paragraph 1 of this Article shall not be tied to a journalist, editor-in-chief, and publisher of another media.
Article 127
A journalist, editor-in-chief and publisher shall not be liable for loss if the information is:
1) Faithfully conveyed from a public parliamentary hearing or a public hearing in a parliamentary body;
2) Faithfully conveyed from court proceedings, in accordance with this Law;
3) Faithfully conveyed from a public gathering, and the journalist acted with due journalistic care;
4) Contained in a document of a public authority body to which the law governing free access to information of public importance is applied, and the public has a justified interest in knowing about it;
5) Published in a broadcast that is going live, and the journalist acted with due journalistic care.
For a loss caused by publication of an untrue or incomplete information which originated from a public authority body, the Republic of Serbia, the Autonomous Province i.e. a local self-government unit shall be liable, depending on to who the involved public authority body belongs, regardless of fault.
Article 128
When deciding on the amount of damages, the court shall in particular assess:
1) Whether the plaintiff tried to reduce the loss by using other means of legal protection in accordance with the provisions of this Law;
2) Whether the defendant prevented the plaintiff from reducing the loss by publishing the reply, correction or other information based on the decision of the competent court.
Complaint for Damages Time Limit
Article 129
The complaint for damages shall be filed within six months from the date of publication of the information referred to in Article 123, paragraph 1 of this Law, i.e. from the day when the defendant was due to publish the information referred to in Article 123, paragraph 2 of this Law.
Article 130
If the personal dignity, authenticity i.e. privacy of a person has been violated by the published information i.e. recording, the injured party shall have the right to file a complaint and claim from the publisher a share in profits gained by the publication of the information i.e. recording, in proportion to how much the publication contributed to the realization of the profit, independently of other means of legal protection that are available to such person in accordance with the provisions of this Law.
XVIII PUBLICATION OF JUDGEMENT
Article 131
At the request of the plaintiff in lawsuits initiated by complaint referred to in Articles 112, 123 and 130 of this Law, the court shall order the editor-in-chief to publish at his/her expense a final judgment without a commentary and without delay, at the latest in the second following issue of the newspaper, i.e. in the second following radio or television broadcast following the day when the judgment became final and enforceable.
The provisions of Article 104 paragraph 1 and Articles 107 and 118 of this Law shall apply mutatis mutandis to the publication of the judgment referred to in paragraph 1 of this Article.
XIX COMMON PROVISIONS OF LEGAL PROTECTION PROCEDURE
Article 132
A complaint in the legal protection procedure based on Articles 94, 95, 96 and 112, Article 118, paragraph 2, Article 123 and 130 of this Law shall be submitted to the competent court in accordance with the law regulating the organization of courts.
Article 133
The proceedings initiated by complaint referred to in Article 132 of this Law shall be urgent.
Article 134
In the proceedings initiated by the complaint referred to in Article 132 of this Law, no preliminary hearing shall be scheduled.
In the lawsuit started by complaint for publishing a reply, the defendant shall not be required to submit a response to the complaint, while in lawsuits initiated by other complaints the court shall order the defendant to respond to the complaint within eight days from the day of serving of the complaint.
In the lawsuit initiated by complaint for publishing a reply, the first appearance before the court in the main hearing shall take place within eight days from the day when the court received the complaint, and in the lawsuit initiated by other complaints within 15 days from the day of receipt of the response to the complaint, i.e. from the expiry of time limit for response to the complaint.
The summons to the plaintiff shall indicate that it shall be deemed that he/she withdrew the complaint in case of his/her failure to attend the first or any subsequent hearing, while the summons to the defendant – that the judgment can be passed in case of his/her failure to attend the first hearing, and that in case of his/her failure to attend any subsequent hearing, the judgment shall be passed on the basis of facts established thus far.
There shall be no stay of proceedings in the lawsuit initiated by complaint referred to in Article 132 of this Law.
In a lawsuit initiated by complaint for publishing a reply, a party may file a petition for relief within one day of the end of exceptional circumstances which prevented such party to act, or within five days from the day of omission of a procedural action.
Passing a Judgment and the Judgment
Article 135
The court shall pass and publicly pronounce a judgment immediately upon the conclusion of the main hearing.
The certified copy of the judgment shall be served to parties within three days of the passing of the judgment.
Article 136
The parties can file an appeal against the judgment within eight days from the day of service of the written judgment.
The appeal shall be delivered to the opposing party for a response without delay, and at the latest within three days from the day of receipt of the appeal.
The time limit for responding to the appeal shall be three days from the day of receipt.
In a lawsuit initiated by a complaint for publishing a reply, the appeal shall not be sent to the opposing party for response.
Provisions the law governing the civil procedure on the filing of written submission by telegraph, shall not be applied in the lawsuit initiated by a complaint for publishing a reply.
The court of first instance shall deliver to the court of second instance a timely and allowable appeal, together with the case file, within five days of the day of receipt of the response to the appeal, i.e. upon expiry of the time limit for the response to the appeal, and where it is a case of a lawsuit initiated by a complaint for publishing a reply - within two days as of the receipt of the appeal.
The court of second instance shall decide on the appeal within eight days of the day of receipt of the appeal with the case file, i.e. within five days from the day of receipt of the appeal with the case file where it is a case of a lawsuit initiated by a complaint for publishing a reply.
Article 137
A review petition shall be allowed against a second instance judgment in case of case dismissal, and it can be filed within 15 days from the day of serving of the second instance judgment.
The time limit for responding to the review petition shall be 15 days from the day of the review petition service.
In a lawsuit initiated by a complaint for damages and a complaint for claiming the right to a share in profits, the review petition shall always be allowed.
A review petition against a second instance judgment in a lawsuit initiated by complaint for publishing a reply cannot be lodged.
Serving of Final Judgment on a Publisher
Article 138
If a publisher was not included in the complaint referred to in Article 132 of this Law, a certified copy of the final and enforceable judgment shall be served on the publisher simultaneously.
Article 139
Where after the submission of a complaint, the editor-in-chief is changed, and the plaintiff does not modify the complaint before the conclusion of the main hearing, the court shall dismiss the complaint.
For the modification of complaint referred to in paragraph 1 of this Article, the consent of neither the previous defendant, nor the new editor-in-chief shall be required.
Prior to conclusion of the main hearing, the plaintiff can modify the contents of the complaint without the consent of the defendant.
The court shall not allow the modification of the complaint where it finds that procedural powers have been thus abused, and particularly if there were several modifications, whereby a separate resolution shall be passed by the court that can be subject to a separate appeal.
If the editor-in-chief has been changed after the passing of the final judgment, the obligations stipulated in the judgment shall transfer to the new editor-in-chief, unless it is a case of a judgment for the complaint for damages.
Consequences of not honoring Time Limits
Article 140
If the court fails to honor the time limits set forth in Article 134 paragraph 3, Article 135 paragraph 2, Article 136 paragraphs 6-7 of this Law, the court president shall, acting on a motion of the plaintiff, reassign the case without delay to another panel of judges.
The actions taken by the panel to whom the case was assigned originally and the actions taken by the parties before that panel shall remain valid and need not to be repeated.
Article 141
The defendant shall bear the costs of litigation initiated by the complaint referred to in Articles 94, 95, 96 and 112 and Article 118 paragraph 2 of this Law, if he/she remedied the violation of the plaintiff’s right before the conclusion of the lawsuit by publishing a reply, correction or in other manner.
Application of the Rules of Civil Procedure
Article 142
Unless this Law stipulates otherwise, the provisions of the law regulating civil procedure shall be applied mutatis mutandis in lawsuits initiated by the complaint referred to in Article 132 of this Law.
Article 143
Supervision over the implementation of this Law shall be carried out by the state administration body responsible for public information affairs, and in the territory of the autonomous province, supervision over the implementation of this Law shall be carried out by the provincial administration body responsible for public information affairs as a delegated task.
Article 144
Inspection as a form of supervision over the application of this Law and regulations adopted on the basis of this Law shall be carried out by the ministry.
In the territory of the autonomous province, the inspection as a form of supervision over the implementation of this Law and the regulations adopted on the basis of this Law shall be carried out by the competent authority of the autonomous province, as a delegated task.
Article 145
A fine from RSD 100,000 to RSD 1,000,000 shall be imposed for an economic offence on a juridical person - publisher who does not act as warned by the competent body in the procedure of establishing that media pluralism has been jeopardized (Article 55, paragraph 3).
For the economic offense referred to in paragraph 1 of this Article, a fine from RSD 10,000 to RSD 200,000 shall also be imposed on the responsible person in the publisher.
Article 146
A juridical person engaged in media distribution contrary to the provisions of Article 69, paragraph 1 of this Law shall be fined from RSD 100,000 to RSD 1,000,000 for an economic offense.
For the economic offense referred to in paragraph 1 of this article, a fine from RSD 10,000 to RSD 200,000 shall also be imposed on the responsible person in the juridical person that is the media distributor.
Article 147
A fine from RSD 50,000 to RSD 150,000 shall be imposed for a misdemeanor on a natural person who publishes newspapers or provides radio i.e. television program, but is not registered for such line of business (Article 39, paragraph 2).
Article 148
A fine of from RSD 100,000 to RSD 1,000,000 shall be imposed for a misdemeanor on a juridical person - publisher if:
1) It publishes media without the imprint of the prescribed content or if it fails to publish the imprint in the prescribed manner (Art. 42-44);
2) It, within 15 days, fails to report the occurred changes to the data kept by the Register and Records (Article 48);
3) A person enjoying immunity from liability, i.e. a person who has no domicile in the territory of the Republic of Serbia has been appointed as the editor-in-chief (Article 63 paragraphs 5 and 6);
4) If fails to fulfil the obligation to store recordings (Article 79);
5) It fails to make the media recording available for inspection or fails to make a copy in accordance with the provisions of this Law (Articles 80-82).
A fine from RSD 10,000 to RSD 150,000 shall also be imposed on a responsible person of the publisher for the misdemeanor referred to in paragraph 1 of this Article.
A fine of from RSD 10,000 to RSD 150,000 shall also be imposed on a sole trader-publisher for the misdemeanor referred to in paragraph 1 of this Article.
Article 149
A fine of between RSD 50,000 to RSD 150,000 for a misdemeanor shall be imposed on a responsible person in a body of public authority if he/she:
1) Fails to announce a public tender for the realization of public interest in the field of public information (Article 20, paragraphs 3 and 4);
2) Fails to publish all data and documents related to the public tender or project evaluation (Article 20, paragraph 7, Article 25, paragraphs 9 and 11, Article 26, paragraph 10, Article 27, paragraphs 8 and 11, and Article 28, paragraphs 1 and 5);
3) Publishes a tender that does not contain elements prescribed by law (Article 21);
4) Prescribes criteria that put a certain media publisher in a more favorable position by prescribing unjustified criteria (Article 23, paragraph 10);
5) Fails to obtain data from competent bodies (Article 24, paragraph 2);
6) Adopts a decision whereby a committee is appointed illegally, such committee being the one that evaluates the projects submitted for the tender (Article 25, paragraphs 3-6);
7) Fails to make a decision on the allocation of funds within 90 days from the date of the closing of the tender (Article 26, paragraph 2);
8) Fails to prepare a report on the conducted tenders in the current year (Article 27, paragraph 8);
9) Fails to carry out an evaluation of the implementation of the projects supported in the tenders during the previous calendar year (internal evaluation) (Article 27, paragraph 9);
10) At least once in every three years, fails to hire experts who shall, for the needs of the body that announces the tender, conduct an evaluation of the implementation of projects supported in the tenders in the course of the previous calendar year (external evaluation) (Article 27, paragraph 10);
11) Fails to conduct an analysis of the needs for media content (Article 28);
12) Fails to, within 15 days, to supply the Register with the data on the allocation of funds (Article 47, paragraph 6).
Article 150
A fine from RSD 50,000 to RSD 150,000 shall be imposed for a misdemeanor on a responsible person in a public authority body and a juridical person that is predominantly in state ownership or that is wholly or predominantly financed from public revenues, if such entity co-finances projects or otherwise helps a publisher whose media is not registered, i.e. if it advertises in or uses other services of the media that is not registered (Article 52).
Article 151
A sole trader - publisher who fails to act in line with the warning of the competent authority in the procedure for determining the endangerment of media pluralism (Article 55, paragraph 3) shall be punished with a fine from RSD 10,000 to RSD 200,000.
A sole trader – distributor who acts contrary to the provisions of Article 69, paragraph 1 of this Law shall be punished with a fine from RSD 200,000 to RSD 400,000.
Article 152
The editor-in-chief of the media shall be punished for the misdemeanor with a fine from RSD 50,000 to RSD 150,000 in the following cases:
1) If a text, article, attachment and other media content is published in the media that is not signed with the name and surname, initials or alias of the author or group of authors (Article 57, paragraph 1);
2) If, in information published in the media, someone is qualified as the perpetrator of a criminal offence or declared guilty or responsible for a criminal offence before a final court decision is rendered (Article 84, paragraph 2);
3) If a media content that can jeopardize the development of minors is not clearly and visibly marked, i.e. if a minor is made recognizable in the published information that is suitable to infringe his/her right or interest (Article 88, Article 89, paragraph 2 and Article 91, paragraph 2);
4) If he/she fails to deliver to the court a sound i.e. video recording of the broadcast, at the request of the court (Article 105).
XXII TRANSITIONAL AND FINAL PROVISIONS
Article 153
Proceedings initiated prior to the entry into force of this Law shall be carried out according to the provisions of the Law on Public Information and Media ("Official Herald of the RS", Nos. 83/14, 58/15 and 12/16 - authentic interpretation).
Article 154
The publisher shall, within three months from the day of entry into force of this Law, unless having already done so, register the media data referred to in Article 47, paragraph 1, items 2) and 8) of this Law.
Should the publisher fail to register the data from paragraph 1 of this Article within the prescribed time limit, the registrar shall delete the media from the Register ex officio, without passing a special act on deletion.
Producers of media content shall submit an application for recording of data mandated by law to be entered in the Records of Media Content Producers, within six months from the date of institution of the Records.
Article 155
The publisher’s’ privatization procedures instituted prior to the date of entry into force of this Law shall be completed in accordance with the regulations governing the conditions and procedure of state capital ownership change and with the provisions of this Law.
Privatization of the publisher referred to in paragraph 1 of this Article shall be carried out in such a way that the media buyer shall be bound to ensure the continuity in production of media content which are of public interest, within a period of five years from the day of conclusion of the contract on the sale of capital, and the contract on the sale of capital can also determine other liabilities of the buyer, as a rule, for a period of five years from the day of conclusion of the contract on the sale of capital.
Continuity in production of media content referred to in paragraph 2 of this Article shall mean for electronic media the obligation to maintain a share of broadcast time in accordance with the broadcast schedule that was in force in the period of 12 months prior to the day of entry into force of this Law.
Continuity in production of media content referred to in paragraph 2 of this Article shall mean for printed media the obligation to maintain the editorial concept adopted by the competent body of the publisher, which was in force in that media in the period of 12 months prior to the entry into force of this Law.
The Ministry in charge of economic affairs shall control the fulfilment of the buyer's contractual liabilities referred to in paragraph 3 of this Article, based on the report by the Regulatory Authority for Electronic Media.
The Ministry responsible for economic affairs shall control the fulfilment of the buyer's contractual liabilities from paragraph 4 of this Article based on the findings of a court expert, which the buyer shall submit to the Ministry responsible for economic affairs once a year, for the period of duration of the capital sale contract.
If the publisher's capital is not sold within two years from the day of entry into force of this Law, the capital sale procedure shall be terminated, and the publisher's capital shall be privatized by transferring the capital to employees free of charge, within a further period of six months.
The publisher's capital, which after the entry into force of this Law, is transferred to the Register of shares and stakes transferred after the termination of a contract concluded in the privatization process, which is maintained by the Ministry responsible for economic affairs in accordance with the law regulating privatization, shall be privatized by transferring the capital to employees free of charge within of six months from the day of termination of the capital sale contract.
In case the employees do not accept the transfer of free shares in accordance with paras. 7 and 8 of this Article, the media shall cease to exist and shall be deleted from the Media Register, ex officio based on a notification from the ministry responsible for economic affairs that the employees did not accept the free transfer of shares, and the publisher shall adopt a decision to terminate the media operations and change its line of business.
Article 156
In the process of publisher’s privatization, the Ministry responsible for economic affairs shall, prior to conclusion of the contract on the sale of capital for electronic media, submit to the Regulatory Authority for Electronic Media a request for its opinion on the existence i.e. non-existence of a situation that violates media pluralism on the part of the buyer, in accordance with the provisions of Articles 53, 54 and 55 of this Law and the provisions of the Law on Electronic Media that refer to the violation of media pluralism.
The Regulatory Authority for Electronic Media shall serve the opinion referred to in paragraph 1 of this Article on the ministry responsible for economic affairs within 20 days from the day of receipt of the request.
The Ministry responsible for economic affairs shall submit to the Regulatory Authority for Electronic Media a contract on the sale of capital involving electronic media within three days of the conclusion of the contract on the sale of capital of the media publisher.
The regulatory authority for electronic media shall submit a written act assessing the fulfilment of the liabilities of the buyer of electronic media, i.e. whether the continuity in the production of media content of public interest has been ensured, and such act shall cover a period of 12 months from the day of the conclusion of the contract on the sale of capital, within the agreed duration of liability period, i.e. always where it finds a deviation from the obligation to provide continuity in the production of media content of public interest, which also calls for taking measures under the competence of the Ministry of economic affairs.
The regulatory authority for electronic media shall submit the written act referred to in paragraph 4 of this Article to the ministry responsible for economic affairs within 30 days from the expiry of the relevant period for which the written act is to be submitted.
The Regulatory Authority for Electronic Media shall also submit to the Ministry in charge of economic affairs the notifications on the revocation of the license for provision of media services, i.e. on the deletion of the electronic media from the Register of Media Services.
Article 157
Within six months from the day of entry into force of this Law, the Government shall adopt secondary legislation provided for in Article 13 of this Law.
The ministry in charge of information affairs shall pass secondary legislation provided for in Articles 25, 27, 28, 30, 31, 33, 51 and 66 of this Law within six months from the day of entry into force of this Law.
Article 158
On the date this Law enters into force, the Law on Public Information and Media ("Official Herald of the RS", Nos. 83/14, 58/15 and 12/16 - authentic interpretation) shall cease to be valid.
Article 159
This Law shall enter into force on the eighth day from the day of its publication in the "Official Herald of the Republic of Serbia", save for Articles 31-34, Article 47, paragraph 1, items 11) -14) and paragraph 2, which shall apply from January 1, 2025.
Independent Article of the Law on Amendments and Additions to the Law on Public Information and Media
("Off. Herald of the RS", No. 51/2025)
Article 7
This Law shall enter into force on the eighth day from the day of publication in the "Official Herald of the Republic of Serbia".