1. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 10 – Information society and media Bilateral screening: Chapter 10 PRESENTATION OF MONTENEGRO Brussels, 21-22 January 2013

2. Chapter 10: Information society and media AUDIOVISAL POLICY GENERAL FRAMEWORK Ana Vučković Advisor Ministry of Culture ana.vuckovic@mku.gov.me M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA

3. Chapter 10: Information society and media M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA Relevant Acquis  European Convention for the Protection of Human Rights and Fundamental Freedoms (Rome, 4th November, 1950) – Article 10;  Charter of Fundamental Rights of the European Union (Official Journal C 303 of 14th December, 2007, p. 1) – Article 11

4. Chapter 10: Information society and media M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA National Legislation  Constitution of Montenegro (“Official Gazette of Montenegro”, no. 01/07) Art. 47, 49, 50  Law on Media (“Official Gazette of the Republic of Montenegro”, no. 51/02, 62/02 and “Official Gazette of Montenegro”, no. 46/10, 73/10 and 40/11) Art. 1, 2, 4, 8, 23, 26-33, 42, 43, 44, 45  Law on Electronic Media (“Official Gazette of Montenegro”, no. 46/10, 40/11 and 53/11) Art. 1, 2, 3, 5, 7, 129-137, 146  Law on Public Broadcasting Services of Montenegro (“Official Gazette of Montenegro”, no. 79/08 and 45/12) 1, 2, 4, 5, 13, 14, 15- 19  Law on Ratification of the European Convention on Cross-Border Television (“Official Gazette of Montenegro”, no. 01/08)

5. Chapter 10: Information society and media M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA CONSTITUTION OF MONTENEGRO - Article 47- Freedom of expression - Everyone shall have the right to freedom of expression by speech, writing, images or other means, which may be limited only by the right of others to dignity, reputation and honour and if it threatens public moral or security of Montenegro - Article 49 – Freedom of press - Freedom of press and other forms of public informing, the right to establish newspapers and other public information media, without approval, by registration with the competent authority, the right to response and the right to correction of any incorrect, incomplete or incorrectly conveyed information violating a person’s right or interest and the right to compensation of damage caused by the publishing of incorrect data or information shall be guaranteed - Article 50 – Prohibition of censorship - There shall be no censorship in Montenegro, but the competent court may prevent dissemination of information and ideas through public media if required so to: prevent invitation to violent destruction of the order defined by the Constitution, preservation of territorial integrity of Montenegro, prevention of propagating war or incitement to violence or committing of criminal offences, prevention of propagating racial, national and religious hatred or discrimination

6. Chapter 10: Information society and media M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA “This law should be interpreted and applied in accordance with the principles of the European Convention for the Protection of Human Rights and Fundamental Freedoms, using the precedent law practice of the European Court of Human Rights” (Law on Media Art. 1, Law on Electronic Media Art. 2)

7. Chapter 10: Information society and media M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA Law on Media Montenegro ensures and guarantees freedom of informing at the level of standards contained in international documents on human rights and freedoms (OUN, OESCE, Council of Europe, EU) - Art. 1  Right to free establishment and undisturbed work of media  Distribution of media

8. Chapter 10: Information society and media M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA Law on Media Right of correction and reply  Natural and legal persons shall have the right of correction and reply when their right guaranteed by the Constitution or law is violated by way of published program contents – Art. 26  Deadline for publishing of correction or reply - 30 days from the day when the program content was published  Correction and reply are published on the same page in the press or in the same electronic media program, in the first, or the second number of the press or the electronic media program the latest, upon receipt of the correction or reply - Art. 28  Cases when media are not obliged to publish correction or reply - Art. 30  Procedure upon complaint in cases when media fail to publish reply or fail to publish it in appropriate manner - Art. 31, 32  Right to appeal to the Court of Appeals against the court of first instance - Art. 33

9. Chapter 10: Information society and media M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA Law on Media Failure to comply with the provisions of the law implies tortuous liability: - Art. 42, 43, 44, 45  Fines ranging from EUR 30 to EUR 6.000 for natural and legal persons

10. Chapter 10: Information society and media M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA Law on Electronic Media Art. 1, 2, 3, 5, 7, 129-137, 146  The law should be interpreted in such manner which implies that it does not provide for the right to censorship or restriction of the right to freedom of speech and freedom of expression – Art. 2  Principles forming the basis for regulation of relations in the field of AVM services – Art. 3  Freedom of receipt of AVM services - Art. 5  Development program for the AVM services sector - Art. 7  Protection of pluralism and diversity of electronic media – Art. 129- 137

11. Chapter 10: Information society and media M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA Law on Electronic Media Noncompliance with the provisions of the law implies tortuous liability: Law on Electronic Media (Official Gazette of Montenegro no. 46/10 and 40/11) - Article 146  Fines ranging from EUR 500 to EUR 6.000 for legal persons - Art. 146  Fines ranging from EUR 100 to EUR 2.000 for a responsible persons of legal person and a natural person - Art. 146

12. Chapter 10: Information society and media M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA Public broadcasting  Regulated by the Law on Public Broadcasting Services of Montenegro and the Law on Electronic Media Law on Public Broadcasting Services of Montenegro  Activities of public broadcasting services of Montenegro – Articles 1, 2, 4, 5  Independence of Radio Television of Montenegro (RTCG)  Program independence Art. 13  Independence of journalists Art. 14  Financing of RTCG Art. 15-19

13. Chapter 10: Information society and media M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA UNESCO Convention on Cultural Diversity  Law on Ratification of the Convention on the Protection and Promotion of Diversity of Cultural Expressions (“Official Gazette of Montenegro – International Agreements”, no. 03/08)  Pluralism and diversity of media is also provided through: structure of electronic media comprised of commercial, public and non-profit media measures provided for in the Law on Electronic Media (Art. 129-137) referring to: ensuring transparency of ownership, prevention of unallowed media concentration and encouraging production of commercial broadcasting companies and preservation of diversity of electronic media

14. Chapter 10: Information society and media M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA Montenegro position at WTO on audiovisual products April 29, 2012 - Montenegro became the WTO 154th member  Schedule of Specific Commitments on Services (see WT/ACC/SPEC/CGR/38/Add.2) – part of the accession package  No Commitments in Audiovisual Services Sector  Cinema / Theater Services – Unbound except for cross-border services & eligibility for subsidies limited to juridical persons established within the territory of Montenegro  List of Article II MFN Exemptions - Audiovisual services

15. Chapter 10: Information society and media M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA Future Activities  Law on Amendments to the Law on Electronic Media in 2013, with the aim to cancel the obligation of the Agency for Electronic Media to submit financial and other operational reports to the Parliament of Montenegro

16. Thank you for your attention. QUESTIONS