V - Freedom
of
Expression and Right to Information
1. General status of media in the course of the year
2000
The 5 October political turnaround positively affected
the media scene in Serbia which had been previously divided in two
confronted fronts: the pro-regime media (the most influential electronic
medium, Radio Television Serbia, daily Politika, TANJUG news agency,
etc. and independent media, numerous dailies and weeklies, and Radio and
TV stations (notably the local ones), which have openly started backing
the opposition parties since summer 2000. During the 5 October
developments the pro-regime media changed sides and openly supported the
new authorities. That was their chance to survive and go unpunished
under new circumstances. On the other hand the anti-regime media had
already established (in the pre-election period) strong ties with DOS
and its presidential candidate Vojislav Kostunica.
All in all since 5 October the media started
presenting a more realistic picture of domestic and foreign events, but
much progress was not made in terms of quality of relevant coverage.
Major publishing and TV houses (RTS, Politika, Tanjug News Agency) which
under the regime's instructions used to produce "virtual reality," in
the past decade experienced a reverse process, the one of utter
de-professionalization. The price paid for the long-standing devastation
of journalistic profession is becoming manifest only now. The same holds
true of independent media, which bore the brunt of repression and
paraeconomic measures (inequitable conditions of operations, seizure of
frequencies, irregular supply of paper, etc). But independent media had
also uncritically accepted the Greater Serbia project.
The aforementioned is best illustrated by recent
coverage of hot topics, notably the crisis in South of Serbia, relations
with Montenegro, status of Vojvodina. By and large all the media through
their reports, analyses and commentaries emulate the past matrix. This
conduct is apparently condoned by the new ruling set.
Not a single medium has so far shown any interest in
tackling the issues of key importance for the recovery of the Serb
society and its democratisation. There is no insistence on opening up
the issue of the war-time responsibility, war crimes and on the need for
examination and facing up to such responsibility. The issue of hand-over
of Slobodan Milosevic to the Hague Tribunal has been receiving wide
coverage, but that coverage includes propagation of the government's
position that "Milosevic should be tried at home for corruption and
electoral rigging," "the Yugoslav Constitution does not foresee the
possibility of hand-over of Yugoslav citizens to foreign countries," and
that the "Hague Tribunal is of an anti-Serb character and a political
court." The basic position is that Milosevic harmed mostly the Serb
people, and that he is to be blamed for signing capitulation in Dayton
and Kumanovo.
If the October political turnaround is a prelude to
the social transition in Serbia, then the important media issues are
likely to be tackled shortly. An equitable market competition and
approach to sources of information and resources (frequencies, paper,
printing facilities) under conditions of free competition shall indicate
whether there is a genuine potential for creating in the right way the
media of clear-cut profiles. Only if moral is re-established in all
strata of Serb society, then necessary transformation of both print and
electronic media can be effected.
Situation in the media always mirrors a broader social
context. Repressive policy and constant pressures of the past regime
have badly affected and morally devastated journalistic profession. The
Serbian media in the year 2000 experienced the last stage of the past
regime's repression, and after Milosevic's ouster embarked upon a
process of establishment of new rules based on professional standards.
As regards the influential RTS and Politika news and
informative programs/coverage, considerable progress was made in their
contents. Extensive reports on daily events are professionally done, but
lack both the analytical and research dimension. Lengthy commentaries
are steeped in anti-Western sentiments and conspiratorial mind-set. Both
RTS and Politika do not take a critical stand on the new authorities. In
fact much kow-towing is at play.
Political changes have not entailed expected changes
in the media scene. New political structures were not too eager to
question the responsibility of top ranking officials of former regime
(barring a few exceptions). Journalists were also reluctant to remind
their colleagues of their notorious past performances, or "hate speech
credits" during the wars waged by Serbia.
Surprisingly enough highly promoted were those who
colluded with the past regime: Captain Dragan, Red Berets, academicians,
staunch supporters of Milosevic and his war policy, and the SPS
dissidents. New authorities follow in their predecessors footsteps by
continuing politicization of media and taking firm control over them. A
chance to contest appointment of Boris Tadic, the DP high-ranking member
and the Federal Telecommunications Minister, as a member of the
Management Board of Politika, was missed.
During two-year long enforcement of the repressive
Public Information Law the Serbian media paid fines to the tune of DM
2.5 million, saw 17 journalists die, and several sentenced to heavy
prison terms (one was even convicted of espionage) and experienced a
drastic fall in the quality of their coverage.
The former regime viewed the media exclusively as its
propaganda tools, and feared the independent media. After pacification
of the print media through the Public Information Law, the authorities
perceived as their biggest enemy the ANEM network, embracing a large
number of local radio and TV stations renowned for their impartial
information policy. Radio B92 in the course of the year 2000 continued
to develop its media and political project. It took the media center
stage and rallied around all political and social factors bent on
forcing Milosevic out of office.
Although censorship has never been officially
introduced, not even during the NATO bombardment campaign, in the
climate of all-pervasive fear self-censorship took root, notably after
the adoption of the Public Information Law. The media policy was
masterminded and orchestrated by a small working group within the
republican government. It voiced its guidelines at press conferences and
briefings held behind the closed doors only for a group of selected
journalists.
The extent of repression is best illustrated by the
following facts: the media work was monitored by a prosecutor and four
deputies in the Belgrade District Prosecutor's Office, in November 1998
the Serbian government set up a special team composed of representatives
of the municipal and republican prosecution, the Justice Ministry, the
Interior Ministry, the Information Ministry, financial police and
inspection, which was tasked with monitoring the media coverage. That
group then decided against which media to file charges and also
determined fines to be meted out for the 'improper media work."
It is a well known fact that the regime during its
most repressive stage of rule invested major funds in both print and
electronic media and continually recruited new talents, easy to
manipulate. In co-operation with the Belgrade Law Faculty the regime
organised in May 2000 a special year-long course in public relations for
70 selected students. They already had grants of the ruling party and
guaranteed jobs.
The republican institutions and the ruling SPS-AYL
coalition prioritised control over the media. The Yugoslav Left
particularly insisted on such a control. There was a lot of
one-upmanship in proving loyalty to the regime among the pro-regime
journalists. Journalists of RTS and Politika threatened to disclose
names of their pro-opposition fellow-journalists employed by independent
media and publicly branded them as traitors and NATO lackeys "who ought
to be expelled from our midst." One journalist even suggested that a
list of those 'traitors' be drawn up a public throwback to "their
hostile activities against their own people."
In the past decade crony privatisation of some media
was carried out, although the leading AYL official, Ljubisa Ristic
stated that: "my party is against privatisation, we shall do things
differently." But despite privatisation of some media houses (Politika,
Vecernje novosti) they were still strictly controlled by the regime.
This implies that the new owners were members of the ruling parties.
Every attempt of some editors to pursue a more independent policy ended
in the dismissal of the whole editorial team, or even in a new property
transformation, (the case of Vecernje novosti). Almost all independent
media, barring weekly Vreme and daily Danas, were subjected to similar
treatment.
Although authenticity of RTS information was always
questionable, in recent years, notably in the post-bombardment period,
RTS informative programs lost touch with reality. But the RTS influence
was rapidly dwindling and its ratings on the eve of elections were at an
all-time low. All the while parents and relatives of 16 RTS employees,
who had perished in the bombardment of the RTS building, continued to
undermine the moral reputation of this medium, by blaming the top RTS
officials for failing to remove the employees from the building, a
presumed target of NATO planes. Director of RTS, Dragoljub Milanovic,
sustained life-threatening injuries after being roughed up by
demonstrators who had broken in the RTS building on 5 October. They
blamed him for failing to timely warn his 16 colleagues against the
impending danger and relieving them of their duties on the fatal night."
Families and relatives of the perished ignored the following
justification given by Milanovic: "they lost their lives for they loved
their profession and their country, they represented forces of good
locked in fight against forces of evil" and "NATO lackeys are continuing
their internationally-instigated aggression by playing even with the
most innocent victims of NATO criminals." They also turned a deaf ear to
the following patriotic statement of Milanovic: "it is high time to stop
politically-motivated speculations about heroic deaths of RTS employees,
may they rest in peace." (Danas, 23 April 2000)
On the eve of September 2000 elections the media lost
their influence: election communication was intensely evolving on other
planes, beyond the media. Hence the pre-election campaign was more
radical than the previous ones. Snjezana Milivojevic, a media analyst,
assessed that the regime continued to send loud and clear its patriotic
messages, but as they failed to garner enough support TV propaganda was
increasingly supplanted by police measures. (Analytical Service of the
Media Centre, 20 September 2000)
Although it seemed that the regime still had full
control over the electronic media, it was in fact faced with loss of
support and influence. After a decade-long repression, shutdowns,
strangleholds and crackdowns, all the Belgrade TV stations broadcast
only the regime propaganda. But when that propaganda remained the only
message in the media field, it lost its clout, because it rang very
hollow.
Just a few days before the elections, Yugoslav
President, Slobodan Milosevic, thus addressed the Berane rally: " The
opposition leaders are rabbits, rats and hyenas." The regime's impotence
thus became very evident. Furthermore the Federal Justice Minister
called the official UN body, the Hague Tribunal "a terrorist
organisation composed of criminals, spies and mercenaries...its
Prosecutor is a whore."
2. Repression against the media
a. Discrediting the political opponents
Use of the state-controlled media and propaganda in
discrediting the political opponents was not a new practice in the
political scene of Serbia in the year 2000. What was however new was the
scale of brutality, arrogance, hatred employed, and unveiled threats and
open calls to lynch of the regime's political opponents. That new
propaganda concept stemmed from an increasingly paranoid mood of the
ruling establishment, and its stance that its political opponents were
no longer only "fifth columnists, foreign mercenaries and craven
traitors" but individuals who had in the meantime morphed into
"criminals, killers and terrorists."
Statements of the ruling parties front men on the
independent media, the opposition and its followers, and in general on
citizens with the anti-regime or liberal leanings, usually heralded
enforcement of new repressive measures. In those terms most salient were
statements made by Vojislav Seselj (Vice President of the Serbian
government), Aleksandar Vucic (the Serbian Information Minister), Goran
Matic, (the FRY Information Minister) and Ivan Markovic (the FRY
Telecommunications Minister)
Assassination of Bosko Perosevic, Vojvodina Prime
Minister was a watershed which prompted the announced adoption of the
Anti-Terrorist Act, and escalation of repression against the political
and other opponents. Like no other event this last in a series of
politically motivated assassinations instilled fear in the ruling
clique. This is best illustrated by statement of Zivorad Smiljanic,
President of the Vojvodina Assembly: "If terrorism is a continuation of
war, then this war is illogical. Why are only our people killed?" A
simultaneous statement of Vojislav Seselj is very threatening and in
fact heralds escalation of repression: "Gloves are off! Now everything
is crystal clear and the one who brandishes the sword, perishes from
that very sword. Don't fool yourself that we shall allow you to kill us
like rabbits, while we nurture you like plants in pots. Take heed of
these warnings! You are working against your state. You are paid in US
dollars to destroy your state. Your are traitors! Your are the worst
breed of people. You are worse than ordinary criminals(...) we are
hunting down killers among those of you who are on the payroll of
foreign intelligence services. You are accomplices to murders(...) You
are murderers. You are murderers of your people and your state.
Potential murderers. All of you who work for the Americans. You, from
Danas, you from B2-92, you from Glas javnosti, you from Novosti, you
from Blic" (Blic, 11 February 2000)
Aleksandar Vucic, the Serbian Information Minister,
assessed that the republican Information Law succeeded in regulating,
and as much as it was possible in preventing the broadcasting of
"hostile psychological propaganda services, as well as a campaign of
slanders and lies." In his interview to the Kragujevac-based private TV
"Kanal 9" Vucic accused the "Voice of America", "BBC", "Radio Free
Europe" and other media of having transmitted programs in Serbian
language in order to prepare the Serb people for the NATO aggression,
and with this goal in mind pursued "a hysterical anti-Serbian
propaganda". Vucic went on to stress: "We have foiled you intention."
(Blic, 1 February 2000)
The regime hampered efforts of the independent media
to regularly perform their professional duties. Namely journalists of
independent media were for example banned from monitoring/covering the
work of the national parliament and of other state bodies. This policy
was kicked off after the Radical Party had made public its decision to
ban "the treacherous media" from attending the press conference and
meetings of this party. According to the assessment of the presidential
staff of the SRP, "journalists working in such media should disappear
from the domestic political scene, for "they are spies of the United
States and of other Western countries" (they were thus labelled by
Vojislav Seselj) (Politika, 18 February 2000)
Most virulent was the statement of Dragan Tomic,
President of the Serbian Parliament: "the opposition rally (held on 15
May 2000) did not have a democratic character, but rather a most
blatantly fascist one. The opposition leaders are scum despised by our
people, for they have betrayed our holiest interests. (Glas javnosti, 16
May 2000). Mirko Marjanovic, Serbian Prime Minister, also felt obliged
to say something about the opposition: "All their past and present deeds
demonstrate their role of traitors, mercenaries, killers and criminals.
Thence there is no place for them in the unified front of defence,
reconstruction and development." (Glas javnosti, 16 May 2000)
Speech delivered by Mira Markovic, president of the
Directorate of the Associated Yugoslav Left in small town, called Crna
Trava, ranks undoubtedly among most intolerant and simultaneously most
senseless ones: "There (reference to the opposition-run municipalities)
we see a combination of local thieves and bribed informers who ridicule
freedom, for such mocking serves them to more easily swallow the bitter
pill of treason...and they have gone so far in their treason, that they
have reached the point of no return." According to Markovic "the
Yugoslav capital for the forth consecutive year has become reminiscent
of those Euro-Asian settlements, which caught in the time warp, are
morphing into moral and spiritual garbage dumps....Belgrade is managed
by people who in their childhood and youth were deprived of elementary
rearing methods and were not taught basic hygienic habits." In
explaining the reasons for their uncouth conduct Mira Markovic noted
that "the space from which 'freedom-fighters withdrew' was occupied by
'bribed cowards, personalities with shady biographies from the aspect of
international interest, frustrated men and hormonally disturbed women."
(Blic, 27 April 2000)
Feelings of paranoia and fear ran rampant. This forced
Slobodan Milosevic, the FRY President to do something out of his
character, that is to venture into making extreme statements. For
example, On the Day of Victory over Fascism, 9 May, he made the
following statement: "The Nineties of the Twentieth century were
unfortunately reminiscent of the Thirties. One big power was again bent
on conquering the whole world. The most developed nations are again
bothered by the presence of the poor and undeveloped ones and the former
try to cleanse territories from 'surplus' nations and peoples, to be
able to promote their allegedly superior way of life. A brutal system of
retaliation against all those who mount resistance to such campaign of
conquest is rearing its ugly head anew. Propaganda more efficient than
the one practised by Goebbels, spy agencies more powerful than Gestapo,
the Hague dirtier that Aushwitz. Once again the most powerful weapon of
the big occupiers are their lackeys in the country they want to
conquer...those lackeys are the conquerors' bloody allies in the country
and among the people they want to erase from the face of earth or at
least subjugate...Once again those lackeys and their superiors call
their treason 'an integration into the world processes' "an effort to
understand the spirit of the contemporary world, and sometimes they
disguise their treason as "a patriotic concern and patriotic moves," the
latter being made by them, the smart ones, allegedly in the interest of
people who in fact stand no chance against a more powerful enemy. Those
patriotism-minded lackeys maintain that the hot-headed idealists,
dreamers and revolutionaries, should be killed in gas chambers,
extradited to the Hague, gunned down in the streets, in front of their
flats, in restaurants, thanks to the money that the occupiers had given
to a handful of their smart domestic allies. In fact those foreign
lackeys are plunging our people into a confrontation which can result
only in a defeat. (Glas javnosti, 10 May 2000)
b. State terror against the electronic media
Various repressive measures were used against the
non-government media and free flow and exchange of information. Vis a
vis radio and TV stations the policy of selective granting of
frequencies was pursued. Formal decisions on frequency-and operational
licences granting or non-granting were much-delayed in order to keep
owners of private radio and TV stations in a state of uncertainty and
even, fear.
The nature of criteria for frequency-granting was
amply illustrated by the following piece of information ran by Blic of
18 March 2000: "the Belgrade TV studio B reported yesterday that the
Vojvodina district committees of the Serbian Socialist Party suggested
to the SPS Main Committee which TV and radio stations should be granted
frequencies for program transmission. " The Studio B footage showed
photocopies of internal documents of mainly Vojvodina district
committees of the SPS which included relevant opinions on the media
which should be granted operating licences and on those media which
should be 'put out of operation.' Those opinions were sent last April by
committees of Southern Banat district, Western Backa district, Srem
district, Northern Banat district, Southern Backa district and Central
Banat district(...) In their letter to Ivica Dacic, Socialists of the
Srem District state: "We are of opinion that frequencies should be
granted to the publishing and radio-diffusion company Radio Sava from
Sremska Mitrovica-the founder is our member, Politika's correspondent,
Dragorad Dragicevic." Within the framework of documentation in
possession of Studio B ten documents clearly indicated which media were
exempted from paying compensation for the use of frequencies.
Of 18 radio and 15 TV stations , ANEM members, which
in 1998 applied for an interim frequencies-granting competition
organised by the Federal Telecommunications Ministry, only the then
Radio B 92 and TV Pancevo were granted operating licenses. Other radio
and TV stations are still awaiting a relevant reply from the Ministry.
But despite the lack of the official green light most radio and TV
stations procured equipment and began broadcasting their programs. Such
an intentionally unregulated situation enabled the Federal
Telecommunications Ministry to close down at will those stations, on
grounds of their non-possession of regular licences, to deprive them of
the right to broadcast programs, and seize their equipment and
transmitters/relays. It is obvious that the aforementioned competition
served the same purpose as the Public Information Law. The former was
used as a mechanism for punishing the electronic media, while the latter
targeted the print media.
In parallel with that obvious obstruction of work of
the electronic media, the ruling coalition also used more subtle means,
like the jamming of TV signals, which resulted in technically poor
reception of TV programs. In Serbia there are over 500 radio and TV
stations, of which two thirds are in private hands. This means that
their survival on the market primarily hinges on their successful
marketing policy. The blacklisted private media could not run ads of the
large state-owned or private companies. This invariably reduced their
marketing gains and profit. Added to that the non-regime media stood
poor chances of survival at the media market, since the pro-regime TV
and radio stations were frequently exempted from paying dues for
frequency use and were favoured in TV spots and radio jingles
competition.
It was obvious that the regime, starting from February
1998, when the competition for frequency-granting was announced, tried
to put under its control all the electronic media. In this campaign the
regime resorted to various covert and open pressures. Here are some
salient examples thereof:
At the insistence of the Kursumlija municipal
administration the Radio Television Serbia moved to deprive private TV
Kursumlija of its right to broadcast from the Samokovo repeater. This TV
station, since its launching, used to broadcast both the RTS informative
programs and footage of the Serbian assembly sessions. But then it faced
the official request to censor some parts of parliamentary sessions, a
la RTS. Later broadcasting of the aforementioned sessions was officially
banned, and in the last phase only broadcasting of reports checked by
municipal officials was greenlighted. Wishing to make accessible to his
fellow-citizens as much information as possible, Slavko Savic, owner of
TV Kursumlija, during the pre-election campaign opened his studio to all
those politicians willing to take part in his talk and other shows and
programs. And he hosted a number of the opposition politicians, likewise
those affiliated with the ruling parties. "All of them advocated free
information, the media freedom. Today when they are in power, they
believe they have an exclusive right to speak and to choose my
invitees," says Savic. "In this turmoil, the main sticking point was the
fact that TV Kursumlija was the only operating ANEM member in South
Serbia. First I was banned from re-transmitting the VOA programs and
then I was warned against re-transmission of TV Network and Video
monthly (VIN) and other ANEM productions. For a short period of time,
and in line with my consistent policy, I transmitted "Radical Waves",
greenlighted by the officials, but spurned by many viewers, says Slavko
Savic (Glas javnosti, 9 January 2000)
During March 2000 a new crackdown on electronic media
was launched.
On 8 March 2000 five individuals, allegedly employees
of the Telecommunications Ministry, raided premises of Pozarevac Radio
BUM 93. They seized key broadcasting equipment on grounds of the radio's
non-possession of frequency license and non-payment of 30,000 dinars
compensation for the use of frequencies (Blic, 9 March 2000)
On 9 March private TV Nemanja and Radio Tir were
closed down in Cuprija. Federal telecommunications inspectors escorted
by 10 uniformed policemen raided premises of independent TV Nemanja,
suspended its program and seized equipment. (Blic, 10 March 2000)
On 12 March twenty odd policemen knocked down the door
and barged into premises of Pozega RTV. They seized part of broadcasting
equipment and took it somewhere. (according to Danas, 13 March 2000)
On 27 May 2000 local policemen raided TV Mladenovac
premises and ordered Zeljko Matic, a technician on duty to suspend all
the programs. "Policemen stayed in TV premises only several minutes to
ask Matic about his duties and location from which the program was
broadcast. When the program was suspended and TV station premises
locked, the policemen took Matic to the police station for further
interrogation. There his name was put on record." (Glas javnosti, 28 May
2000)
c. Punishing the print media
Stranglehold on the non-governmental print media
mainly consisted of their regular punishing cum fining under the Public
Information Law. The past trend of draconian fines meted out to the
non-regime media continued in the first half of this year too. The
following examples attest to such notorious practice:
Zoran Kocic, Presiding judge of the Misdemeanour
Chamber of Leskovac court, confirmed on 1 February the following
sentences: independent weekly Vranjske novine was fined 600,000 dinars
and its editor Vukasin Obradovic 200,000 dinars for having published the
report of the Helsinki Committee for Human Rights in Serbia, which, as
determined "quoted lies about the visit of general Nebojsa Pavkovic to
Veliki Trnovac (Vecernje novosti, 2 February 2000). It is also
indicative that on 14 February unidentified perpetrators burglarised the
local branch office of Associated Trade Unions "Nezavisnost" housing
also editorial premises of "Vranjske novine" and stole a part of their
equipment.
Senseless nature of the Public information Law is best
depicted by the case of Kikindske novine. A local Serbian Socialist
Party strongman, Rajko Popovic, filed charges against the paper: " Since
October 1999 the Kikinda-based weekly Kikindske novine was seven times
brought to court under the Public Information Law and consequently
sentenced four times to pay four times exorbitant fines, totalling
880,000 dinars (...) Speaking about enormous pressure which the local
SPS brought to bear on this municipal paper, Zeljko Bodrozic
(editor-in-chief and responsible editor) stated that the paper was
acquitted of charges only once, but as the Prosecutor won the case on
appeal to the higher court in Novi Sad, the paper was ultimately
punished" (Danas, 8 April 2000)
"Narodne novine" stood trial on 6 April on grounds of
two controversial sentences. The Military Post 3755 filed charges
against the paper for two allegedly offensive lines in its 29 February
2000 report on the Conference of the District Committee of the Serbian
Renewal Movement, that is, its comments on the speech of the Committee's
President, Branislav Jovanovic: "I want the authorities to explain to me
the exact goal of mobilization and why the delivery of call-up papers
has been stepped up?" The MP 3755 deemed that both lines damaged the
Yugoslav Army reputation under article 69 of the Public Information Law.
Punishments meted out to the accused were the following: both the
founder and publisher of Narodne novine were fined 300,000 dinars each,
while the fine meted out to the editor-in-chief and responsible editor
Miroslav Zupanjevac was 100,000 dinars. (Srpska rec, 13 April 2000)
Misdemeanour judge in Kikinda, Miroslav Periz
sentenced Kikindske novine to pay 200,000 fine for running the
communique of the Independent Association of Journalists of Vojvodina,
titled "Stop Rajko Popovic" in a lawsuit filed by Rajko Popovic,
responsible editor of the newspaper RTS Komuna. . "Youth Centre" was
fined 100,000 dinars for the same offence, while Dusko Francuski and
Zeljko Bodrozic, editor-in-chief and responsible editor, of Kikindske
novine were fined 50,000 dinars each. This was the seventh lawsuit filed
against the local paper by Rajko Popovic and the fifth fine meted out to
Kikindske novine under the Public Information Law. To date Kikindske
novine were fined a total of 1,080,000 dinars. (Blic, 20 April 2000)
In the past two years both the Yugoslav and
international public opinion had many opportunities to "familiarise"
with the 'contents and principles' of selective enforcement of the
Public Information Law. Logic behind the enactment of the Law is clear
and on this occasion we shall not dwell on it since it had been
sufficiently explicated in our Report on Escalation of Repression for
the Year 1999. However we shall now dwell on total results of such
enforcement.
As a more resolute action pressing ahead with the
repeal of the Public Information Law did not materialise, the regime had
many reasons to be pleased with the effects of that Law: in less than
two years on the basis of punitive provisions of the PIL the regime
coffers grew richer by 30 million dollars. Moreover the Law was given
genuine legitimacy by those against whom it was directed in the light of
the fact that all fines were paid! Although the Law failed to eliminate
all the non-regime media, it succeeded in narrowing their range of
topics relevant for current political developments.
In the meantime the regime resorted to other, even
more drastic measures with a view to protecting its own interests,
intentionally equalised with the ones of the state. Hence the regime's
increasing enforcement of more "potent" measures": detention, arrests,
roughing-ups and severe jail sentences and preparations for the adoption
of the Act on Public Companies and of the Anti-Terrorism Act. The case
of Radio and TV Studio B is the most emblematic example of a media house
which for years has successfully resisted different pressures, including
the standing threat of the Public Information Law. That media house was
severely fined under the aforementioned Law on several occasions and
then was brutally closed down in May 2000.
d. Closure of Studio B
In the early Nineties, when the political pluralism in
Serbia was in its infancy, Studio B, like Radio B-92, exemplified an
open, free and independent electronic medium. Thanks to its high
professional standards, notably in the area of informative-political
programs, Independent Television Studio B (NTV Studio B) outgrew the
framework of the local Belgrade television station, despite the
administrative stranglehold (seizure of equipment, jamming of programs,
difficulties in placing repeaters). In a very short span of time (four
years) programs of NTV Studio B attracted several million regular
viewers Serbia-wide. Unfortunately professionalism and independence of
this TV, which in its golden years was a share-holding society, were the
first victims of TV's take-over by the City Assembly.
When the SRM became the indisputable administrative
ruler in Belgrade Studio B definitely lost its independence and morphed
into an informative service of that party. But thanks to the new
editorial policy pursued during the SRM stint with the SPS-AYL-SRP
federal coalition government, the medium was punished only twice (on 24
March 1999 and 8 December 1999) under the Public Information Law
(adopted on 20 October 1998). The question remains why after a period of
relatively unhampered work Studio B suddenly, in only two months time
(from February 24 to May 4, 2000) five times fell victim to the severely
punitive provisions of the Public Information Law, its signal was jammed
and on 18 May 2000 the republican government took over Studio B TV and
radio station.
Here are some reasons thereof: the SRM bolted from the
federal government during the NATO intervention due to divergent policy
position, the SRM used Studio B as a mouthpiece for its dissatisfaction
with the course of investigation of the Ibar Highway accident (four SRM
members were killed in the accident) and most importantly, on 10 January
2000 the SRM signed the DOS agreement. All the aforementioned prompted
the SRM to change its editorial policy, which in turn led to a relative
opening of Studio B and its ostensible return to recognised principles
of information, all of which obviously vexed the regime very much.
Harassment of Studio B, culminating in its take-over
by the Serbian government, in fact began on 10 January 2000, when the
opposition united: "Intensified jamming of Studio B signal, even during
the broadcasting of feature films, sports and show &entertainment
programs, is in itself inexplicable, but in any case-expected," said
Dragan Kojadinovic, director and editor-in-chief of Studio B (Danas, 13
January 2000)
On 16 January unidentified perpetrators damaged TV
Studio B repeater at Kosmaj and made it impossible for viewers in the
interior of Serbia to watch Studio B program. Dragan Kojadinovic stated
that "bandits hired to smash the repeater, were experts, for they knew
that with mere removal of the modulator both picture and tone would be
gone. He stressed that the Kosmaj relay was one of the five relays of
that TV stations. "Due to a complete destruction of Channel 40, there's
a Studio B program blackout in whole Pomoravlje." (Glas javnosti, 17
January 2000)
The next step was physical harassment. Unidentified
perpetrators beat up in early morning hours Studio B worker Mirko
Slavkovic and Dragan Lukovic, security worker of the Belgrade Water
Supply System. As they smashed part of the broadcasting equipment of
Radio B2-92 program, broadcast on wavelengths of the IIIrd program and
TV program of Studio B, programs transmitted on the 51st channel had to
be temporarily suspended (...) Blic was told by the Studio B technical
service that one of the perpetrators knew the exact location of each
piece of equipment and how to damage them. Dragan Kojadinovic, director
and editor-in-chief of Studio B told us that the attack on two workers
at the Torlak repeater was carried out by five men in police uniforms.
Kojadinovic added that it would take several days to repair the
equipment. (Blic, 7 March 2000)
Ivan Markovic, the Federal Telecommunications Minister
also joined in the anti-Studio B harangue by making the following
statement broadcast by the First Program of Radio Belgrade:
Information broadcast by Studio B two days ago was as
usual unprofessional and tendentious. It vilified the state bodies and
by reiterating untruths tried to heighten tensions...
Markovic also stressed that yesterday's SRM and Studio
B communique particularly irritated our citizens, for it was directed
against our national unity and heroes of the country's defence-the
Yugoslav Army and Interior Ministry of the republic of Serbia.
It is quite certain that spreading untruths about the
work of state bodies and constant smear-campaign against them must
attract the attention of the Public Prosecutor, in line with his
official duty...
Since 12 August 1999 when the federal government was
re-shuffled, and consequently became the Government of National Unity,
the Federal Telecommunications Ministry, did not take any repressive
measure, from the province of its authorisation, against radio and TV
stations, allegedly operating contrary to legal regulations in place.
The Ministry had instead sent a circular letter to 'incriminated' media
instructing them how to 'remove' irregularities form their work.
Deadlines were set for removal of those irregularities. To date not a
single TV station has been closed down. (Borba, 18 January 2000)
In parallel with the signal jamming, a smear campaign
against Studio B was staged. For example, the police Major General
Branko DJuric took Studio B to court for allegedly "broadcasting false
information which hurt his reputation." DJuric demanded that
misdemeanour proceedings be instituted against Studio B, for this TV
station "planted false information that General Branko DJuric, nicknamed
Buca, organised assassination of the truck driver, responsible for the
Ibar Highway incident in which four SRM members were killed." It was
also said in the aforementioned program that "DJuric was surely
duty-bound to supervise the smooth execution of the whole operation,
that is to make sure that lives of Secret Service agents were out of
peril." (Danas, 6 March 2000). Studio B was found guilty of a wilful
slander and fined 450,000 dinars.
Ivan Markovic, the Federal Telecommunications
Minister, on 6 March, sent a memo to Studio B, notifying its management
board that "no operating licences for 1922,5 MHZ frequency were granted
to Studio B, in view of which, "it had to stop using that wavelength."
Ivan Markovic also notified Studio B that its outstanding debt for the
interim use of radio and TV frequencies, on 29 February stood at
10,755,314.39 dinars, and ordered Studio B to settle that debt within 7
days (Politika, 7 March 2000). On 14 March the Assembly of City of
Belgrade settled the debt.
Despite the debt settlement the Serb government
continued its anti-Studio B campaign which culminated in the take-over
of the medium. It was made public that there were legal grounds for the
take-over, for Studio B was legally the state-owned property. Thus the
Serbian government decided to re-take control over its property by
taking over the founding rights from the Assembly of Belgrade. The
government's decision was signed by Vice President Milovan Bojic and
Vojislav Seselj (Glas javnosti, 18 May 2000). The Serb government
justified its decision by alleging that Studio B programs repeatedly
called for toppling of constitutional order. It also stated that the
decision was taken in line with the request of the Serbian Information
Ministry.
Studio B take-over was carried out on 18 May 2000.
"After 2 a.m a large number of special policemen, with masks on their
faces, and with metal rods and even some heavy construction equipment in
their hands appeared at the entrance of "Beogradjanka" building. They
ran to the elevators and quickly rode up to the floors on which
editorial offices of Studio B, Radio Indeks and Radio B-2 92 were. They
were followed by policemen in plainclothes and in uniforms who abducted
a handful of journalists and technicians and held them in the
first-floor offices until 7.30 a.m. They searched us immediately, seized
our cellular phones, and without using physical coercion led us down to
the first-floor offices. Then masked special policemen suddenly turned
up in those premises." This was a statement made by one of the "ambushed
journalists" who wanted to remain anonymous. He also maintained that no
police vehicles were spotted in front of "Beogradjanka." (Danas, 18 May
2000)
The Assembly of Belgrade and its Public Enterprise
Studio B took to court the Republic of Serbia for 'property
trespassing.' "Officials of the Republic of Serbia unlawfully took over
our premises and trespassed our property." (Glas javnosti, 18 May 2000)
The authorities publicly defended their decision as "a
measure taken within the framework of the struggle against criminality,
terrorism, Studio B-staged incitement to revolt and its attempts to
provoke a civil war in Serbia." The Belgrade Committee of the AYL
statement read: "Studio B and some other media in Serbia for quite some
time now have been used as instruments in a campaign to destroy our
state and were directly hired by foreign factors to destabilise Serbia
and the FRY in all possible ways." (Politika, 18 May 2000)
The Belgrade police squashed citizens' attempts to
defend Studio B at the very outset of protests. They dispersed the crowd
gathered in front of the city assembly on 17 May. Then dozens of
protesters were beaten up and many had to receive medical assistance in
the Clinical Centre of Serbia. Citizens rallied again on 18 May. In the
downtown clash with the police more than 100 demonstrators sustained
both light and serious injuries. The police used tear gas, shock bombs
and according to uncertified information, even rubber-coated bullets.
During the police intervention about 40 people were arrested. The
majority of them were sentenced to 20 or 30 days' imprisonment and taken
to serve their sentences to Padinska Skela prison and the Central
Penitentiary in Belgrade. (according to Danas, 20-21 May 2000)
Putting Studio B under firm state control was unlawful
under the Act on the Funds in Property of the Republic of Serbia,
although the government claimed otherwise. In Danas commentary (30 May
2000) the following was stressed: "When the state or other public-legal
entity (for example the city of Belgrade) invests state-owned assets
into a public company on the basis of the founder's equity, then the
state-owned assets fall under the regime of private, legal business
operations, and a public-legal entity can exercise its rights over those
assets exclusively through founder's rights (the right to take part in
the management bodies, the right to dividend, the right to the remainder
of liquidation or the bankruptcy mass). Thus invested assets are managed
exclusively by a company's management bodies and company's founders only
have the right to influence a decision-making process through their
representatives in management bodies. In Studio B case its founder is
the city of Belgrade, if only on the basis of the right to management
and utilisation of that capital delegated to it by the Republic. Hence
the Republic could regain the state-owned property utilised by the city
of Belgrade, the one invested as the founding capital of Studio B, only
on the basis of a contract, a judicial ruling or unilateral act of the
city of Belgrade. Unilateral take-over of Studio B founding rights from
the city of Belgrade was not legally grounded. (Danas, 30 May 2000)
e. Other pressures on the media
The spectrum of repressive measures taken by the state
expanded almost every day. For example lists of "politically
incompatible" individuals banned from taking part in TV programs of the
state-run media were drawn up. Actors Petar Kralj, Milena Dravic, Dragan
Nikolic , Voja Brajovic and Aleksandar Bercek, as well as singers Bora
DJordjevic, DJordje Balasevic, etc. and other prominent show-business
personalities, were among the blacklisted. "All producers have been
tasked with erasing credit lists from the old programs and simply ending
them with 'Produced by RTS (...) It was said that the decision was taken
by the top management, so that the RTS General Director would not come
across any 'undesirable name'...and 'undesirable names' were practically
all those who did not hold managing positions in this medium (...). The
first official black list was signed by Dragoljub Milanovic, RTS
Director, in May 1998: "Further engagement of temporary associates from
the list attached to the decree is prohibited. This also applies to any
future hiring of all temps involved in pay compensation lawsuits against
RTS..." There were 92 names on that list. (Nin, 2 March 2000)
Repression was not only directed against the
independent media, but also 'aimed at' disciplining those pro-regime
media which increasingly started pursuing a politically unbiased
coverage, primarily in order to boost their circulation sales. The most
salient example of the aforementioned is daily "Vecernje Novosti" which
on 2 March 2000, by decision of the federal government merged with the
federal public institution "Borba." This move was preceded by the
Belgrade Higher Commercial Court judgement annulling privatisation
effected by "Novosti" Share-Holding Society. The federal government
decision was justified in the following manner: "the court determined
that the state was a majority shareholder of the company." Dusan Cukic,
member of the Main Committee of the Serbian Socialist Party and RTS
journalist was named director and editor-in-chief of Vecernje Novosti.
He immediately set out guidelines of the new policy based on "the
patriotic-minded journalism which only purpose shall be to safeguard the
state interests."
One of the more drastic examples of the media
stranglehold was the case of Company ABC "Produkt" from Belgrade and its
affiliates "Glas" and ABC "Grafika," which published independent dailies
and weeklies such as Glas javnosti, Blic, Nin, Vreme, etc. The ruling
coalition waged a veritable judicial-police campaign of harassment to
force the company into bankruptcy and then put it under the state
control. And the regime's efforts ultimately bore fruit: after 36
misdemeanour fines ABC "Grafika" bankrupted. Under the PIL that company
was sued 50 times and was fined 10 times. Its fines exceeded 6 million
dinars. Penalties meted out by the financial police totalled 10 million
dinars, while those meted out by the Belgrade Commercial Court
approximated 170 million dinars. (Glas javnosti, 27 June 2000)
3. Local media
In the face of escalating regime's repression the
local media took on an important role, the one of provider of impartial
information to the general public. They were often more 'brave' than the
Belgrade ones, and consequently punished for their plucky attitude.
Together with foreign services in Serb language they spearheaded a
system of fair and impartial information. But local media, like the
major electronic ones, were punished for not having appropriate
operating licences. On the other hand such licences were granted only to
the media which met the 'required' political criteria. Foreign pressures
and domestic demonstrations often prevented denial or seizure of
operating licences. None of ANEM or Spectar members were granted
licences at the official competitions. Hence they worked in a very tense
atmosphere, fearing the arrival of Ministry of Telecommunications
inspectors.
The authorities, aware of the importance of the local
media, then began launching their own media. In the year 2000 over 20
radio and TV stations were established. While RTS covers 8 million
citizens of Serbia, the local media have an audience of about 3 million
citizens. The regime's objective was to root out independent local media
and establish a sovereign control over the existing electronic media.
Only few media, mostly those engaged in ancillary activities, running of
gasoline stations and transport companies, the revenues from which were
used for subsidising radio and TV stations, were allowed to import
digital equipment.
Police raided premises of local media and seized their
equipment. More subtle means were also used. If a company advertised its
product on the Nis TV5, members of the SPS and the AYL sent police and
inspectors to harass its management. Next time around the company's
products would be advertised on the pro-regime TV. The NIS tobacco
industry consequently gave TV5 a wide berth! In view of the
aforementioned local media gradually lost all their advertising
revenues. Among the media which produce good and varied programs,
instead of broadcasting only films and music, most prominent are: TV5
(Nis), TV 5 (Uzice), TV Plus (Krusevac), Svitel (Svilajnac), TV Vujic
(Valjevo), TV Galaksija (Cacak), TV Spectrum (Cacak), Kanal 9
(Kragujevac), Studio M (Vranje), K54 (Sombor), K21 (Jagodina). One of
the principal victims of regime's crackdown was RTV San (Novi Pazar):
its equipment was repeatedly seized and its program often suspended).
The same holds true of Radio Globus (Kraljevo) and Kikindske novine.
The media owners who hid their political leanings
fared much better. One of them said: "My TV station is worth 1 million
DM. Under the current market conditions my ever-dwindling market profit
is 600 DM monthly. If I discontinued my informative program and my own
production, my earnings would increase tenfold." In the meantime an
association of independent local media, "Local press" was set up. It
stated that it would endeavour to articulate the needs of all its
members in order to make their joint market survival easier.
Although the local print media frequently registered
in Montenegro (to avoid the fate of the major Serbian independent
dailies), they were nonetheless punished under the Public Information
Law. Most frequent pressure method were libel lawsuits against them. By
taking those libel actions the regime members tried both to protect
themselves and to destroy the local print media.
Vranjske novine were for example charged with "fanning
religious and national hatred," while other dailies stood trial for
"damaging reputation of prominent personalities." Libel action taken
against Kikindske novine five times by director and editor-in-chief of
Komuna, a daily closely affiliated with Milosevic's regime. And
Kikindske novine were heavily fined five times.
Pressures on the local media also included irregular
paper supply, high paper prices, impeded distribution and printing.
Printing of every new issue met with new difficulties. Thus the local
print media could not plan their long-term development, but instead had
to focus on their daily survival.
Local media, notably the pro-opposition ones and those
giving much air time to DOS ads/ spots bore the brunt of the regime's
repression during the September pre-election campaign. Owner of TV
Rosulja in Vlasotinac (350,000 inhabitants) was closely affiliated with
the local authorities, but during the federal election race broadcast
CESID (Centre for Free Elections and Democracy) poll findings and the
SRM presidential nominee spots. As early as on 27 August, in late
evening hours he was visited by the financial police and the following
day by a market inspection team. The latter handed him an eviction
decision taken on grounds of his, alleged, "property usurpation." The
owner moved out of premise which he had used for five years and
continued his broadcasts from other location.
In closing stages of the pre-election race TV Cacak
relay, covering the area of Gornji Milanovac (50,000 inhabitants), was
seized. The action of seizure of the relay followed a TV Cacak lengthy
footage on a local DOS presidential candidate.
The Nis TV notified its viewers that it would cover
the night-time counting of early returns. Then an unidentified State
Security official warned the TV owner against such coverage. Further
threats would have probably ensued had not the DOS candidate won.
TV and radio signals were jammed regularly or
sporadically. In August and September wavelengths of the following local
media were continually jammed: RTV Pancevo, Radio B2-92, Radio o21,
Radio Index. TV Belle amie, Radio Globus in Kraljevo.
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