Activity Details (ID# 4992)

Activity Synopsis

The objectives of the conference were:
· to present European standards and experience in this field;
· to raise awareness and initiate a wider discussion between different interest groups on the need to harmonize Serbian defamation legislation and practice with European standards;
· to launch an initiative for changes in the Serbian Criminal Code related to defamation, draw attention to the responsibilities of journalists and involve actively in this process all interested parties.
It was expected that the conference would agree on recommendations for further action and on the creation of a task force to work towards the harmonization of Serbian defamation-related legislation with European standards.


 

The conference was opened by Mr Žarko Korać, Deputy Prime Minister and by Mr Vladan Batić, Minister of Justice of Serbia. The attendance was very high and participants were taking a great interest in the topic. Television crews and other journalists were present to cover the event.

The end of the conference, however, was completely unexpected and tragic. By the end of the morning session, in came the news of the attempt on the life of Prime Minister Djindjic. During lunch break his death was announced. Understandably, the number of people present for the afternoon session dropped from over 70 to around 10. After consultation with the Council of Europe Secretariat in Strasbourg and with the local partners, it was decided to call the conference off. In the first place, due to the nature of their work, most of the participants had to go away to deal with the emergency situation. The ones who remained were visibly in a shock. The issue of defamation and freedom of expression, important as it is in a normal situation, was hardly anymore a priority under the circumstances.

Even in its shortened form, the conference laid a foundation for the beginning of a dialogue between interested parties on the issue of defamation and libel. In their opening speeches, the government representatives declared a political will for reform in the related legislation and its implementation, while emphasising that journalists also have to exercise responsibility.

Prof. Miroljub Radojković (Faculty of Political Sciences, Belgrade University) suggested that there was a need for a journalists’ self-regulatory body. He pointed out that Serbian courts even now can choose, on a voluntary basis, to base their decisions on the case law of the European Court of Human Rights.

Ms Ljubica Jeremić (Judge of the District Court in Novi Sad) emphasised the importance of “prevention of defamation cases” through appropriate training of journalists and initiatives by NGOs. Training of judges concerning the implementation of defamation-related legislation was also recommended. Finally, Ms Jeremić proposed the organisation of a similar conference for several countries from the region that share the same problems, e.g., the countries of former Yugoslavia.

Mr Srdjan Radovanović (Attorney-at-Law) said in his speech that there should be more tolerance towards the errors of journalists and less protection for politicians in the defamation law and practice.

 

At the (unplanned) end of the conference, it was agreed that interested parties should submit in writing their suggestions for reform in the current defamation law and that a follow-up activity would be organised to continue the interrupted work.

 

Judges, lawyers, prosecutors, government representatives, parliamentarians, media professionals and NGO representatives

 

Mr Albrecht Haller, Attorney at Law, Vienna (Austria)
Mr Arne Ruth, Journalist (Sweden); Visiting Professor, Journalism and Freedom of Speech, Oslo University
 

Ms Verena Taylor, Special Envoy of the Secretary General to Serbia and Montenegro
Mr Ivan Nikoltchev, Media Division, Directorate General of Human Rights
Ms Silvija Panović-Đurić, Legal Advisor, Council of Europe Office in Belgrade
Ms Ljiljana Breberina, Programme Adviser, Council of Europe Office in Belgrade