On 26 October 2023, the National Assembly of the Republic of Serbia adopted a new Law on Public Information and Media (LPIM), which entered into force on 4 November, except for certain provisions that will enter into force only on January 1, 2025. Here’s what novelties await us in the application of this regulation:
1. Deletion of media as a penalty for publishers who do not register the prescribed data in the APR
The Law stipulates the obligation of publishers to register in the Media Register maintained by the Business Registers Agency data concerning the activities of publishers no later than three months from the date of entry into force of the new Law, namely:
- information about the editor-in-chief of the media – his personal name and ID number if he is a domestic citizen, i.e. passport number and the country of issue if he is a foreigner;
- the document created by the publisher, which the Law defines as a document containing data on legal and natural persons who directly or indirectly hold more than 5% of the founder’s share in the publisher’s founding capital, data on their related persons within the meaning of the Companies Act and data on other publishers in which these persons have more than 5% share in the founding capital.
If the publisher does not register this data within the prescribed period, the registrar will delete the media from the Registry ex officio, without adopting a special deletion act.
The registration of these data, particularly the acts of publishers, contributes to transparency regarding media management.
2. Additional responsibilities for the publisher when transmitting information
Until now, the editor and the journalist were obliged to convey information, ideas and opinions taken from another media credibly and completely, and if the information is taken from another media – to name the media. The new Law adds the obligation of editors and journalists to, if the information is transmitted between editorially designed websites, provide a link to the editorially designed website from which the content will be downloaded. Failure to act by the editor, i.e. journalist, entails a violation of the obligation of due diligence.
3. Introduction of a Single Information System for implementation and monitoring of co-financing of projects in the field of public information
The provisions concerning the Single Information System, which establishes transparency in the implementation and monitoring of co-financing of projects in the areas of public information, will come into force in 2025.
A Single Information System will enable the registration and acquisition, processing and submission of data, i.e. preparation, preparation and submission of documents in an electronic form relevant to the competition, the work of the commission, facilitated availability of media content, as well as the preparation and publication of the public call referred to in Article 20, paragraph 7 of the Treaty on the Functioning of the European Union. Law.
It is envisaged that the project co-financing process will be carried out exclusively through the Single Information System.
4. The publisher of the media can no longer be a natural person
According to the new Law, media publishers can be entrepreneurs (natural persons registered to perform activities) and legal entities.
As before, the right to publish media is in legal transactions and any change of publisher is registered with the Business Registers Agency.
5. The concept of media content producer is introduced
Following the new Law, the producer of media content is a legal entity or entrepreneur who, in the form of activity, produces content intended for publication in the media, and is not a publisher. Media content producers must be registered with the Business Registers Agency. The Law also introduces records of media content producers and prescribes data that media content producers are obliged to register.
6. Punishment for not publishing the name of an author or a group of authors
The law prescribes a special economic offense and sanction in the amount of 50,000 RSD to 150,000 RSD for the editor-in-chief of the media who publishes the text, article, contribution and other media content that is not signed by name and surname, initials or pseudonym of the author or group of authors.
In addition to LPIM, the Assembly also adopted a proposal for a new Law on Electronic Media, all with the aim of harmonization with the 2018 Audiovisual and Media Services Directive.