Regulation of Media Conduct and Media Content: New Rulebooks Adopted

Regulation of Media Conduct and Media Content: New Rulebooks Adopted

September 23, 2024

In the Official Gazette of the Republic of Serbia No. 76/2024, dated September 13, 2024, the following by-laws have been published:

  • Rulebook on the Documentation Submitted in the Procedure for Registering Media Content Producers in the Register of Media Content Producers;
  • Rulebook on Conducting an Analysis of Necessary Media Content;
  • Rulebook on the Documentation Submitted in the Procedure for Registering Media in the Media Register.

Except for the Rulebook on Conducting an Analysis of Necessary Media Content, which comes into force on September 21, 2024, the other two rulebooks will come into force on January 1, 2025.

Recently, the new Law on Public Information and Media (“Law”) introduced a significant number of changes regarding the regulation of media content, with the aim of creating a framework that will allow more comprehensive control and regulation of media operations, which we discussed in one of our previous articles (link).

As a continuation of these changes, the Ministry of Information and Telecommunications has adopted a series of rulebooks that will further regulate this area in detail.

In the following text, we provide an overview of the most significant provisions of each of the mentioned acts.

  1. Rulebook on the Documentation Submitted in the Procedure for Registering Media Content Producers in the Register of Media Content Producers

The Law stipulates that the Register of Media (“Register“) and the Register of Media Content Producers (“Register of Producers“) are maintained by the Business Registers Agency (“BRA“), and the purpose of the Register and the Register of Producers is to ensure public access to information regarding media and media content producers.

This rulebook stipulates the documentation that must be submitted with the registration application in the process of registering, changing, and deleting data about media content producers in the Register of Producers.

When submitting the registration application for entry into the Register of Producers, the following must be provided:

  • An excerpt from the public register (proving the identity of the media content producer), if they are not registered in the register maintained by the BRA;
  • Proof of the registration number of the media content producer, also if they are not registered in the register maintained by the BRA;
  • A document containing information about individuals in accordance with the provisions of Article 47, paragraph 2, item 2) of the Law;
  • Evidence of the fee payment.

In case of changes to the registered data, the following must be submitted:

  • The document serving as the basis for the change in the registered data;
  • Proof of payment of the fee.

In case of the deletion of a media content producer from the Register of Producers, the following must be submitted:

  • The decision of the competent authority on the termination of the media content production activity;
  • Evidence of the fee payment.

Additionally, the rulebook stipulates that when submitting a registration application for data on financial resources granted by a government authority, a decision from the competent authority on the allocation of said funds must be submitted, along with evidence of the fee payment.

  1. Rulebook on Conducting an Analysis of Necessary Media Content

The Law stipulates that the Republic of Serbia, autonomous province, or local self-government unit must conduct an analysis of necessary media content (“Analysis“) at least once every three years, based on the definition of public interest, and prepare a report on the analysis.

Procedure for conducting the analysis:

  • A public authority conducts public consultations to gather proposals from experts and the general public, which must last no less than 30 days;
  • Interested parties submit their proposals on necessary media content using a prescribed form, which is an integral part of this rulebook;
  • After the report on the conducted public consultations is prepared, the public authority conducts the Analysis and drafts a report on the Analysis (in this process, it may engage accredited higher education institutions and scientific research organizations);
  • When drafting the analysis, media content published in the previous three years, or since the last analysis was conducted, is taken into account;
  • The report on the Analysis includes, among other things, proposals for determining thematic areas and genre diversity of media content, target groups that will be co-financed by the public authority, recommendations for setting the total amount of funds to be allocated in the public competition, as well as the minimum and maximum amounts of funds approved per project.

The report on the Analysis is published on the website of the authority that announced the competition, as well as on the web portal of the Unified Information System, once the system is established. This system is one of the novelties introduced by the Law, which we previously discussed in one of our earlier articles (link).

  1. Rulebook on the Documentation Submitted in the Procedure for Registering Media in the Media Register

The new rulebook introduces several changes compared to the previous rulebook that regulated the procedure for registering media in the media register (“Register“). With the adoption of the new rulebook, the previously issued rulebook ceased to be valid.

New provisions introduced by this rulebook:

  • When submitting the registration application for entry into the Register, it is necessary to provide proof of the identity of the chief editor, specifically a photocopy of the ID card for domestic individuals or a photocopy of the passport for foreign individuals. In this case, the documentation does not need to be notarized, as was previously required.
  • Additionally, the list of mandatory documentation submitted with the registration application has been expanded, and now includes:
    • A document outlining internal measures and procedures for achieving gender equality;
    • A document outlining measures and procedures for protecting editorial policy;
    • A document outlining measures and procedures for employing persons with disabilities;
    • A document outlining measures and procedures for ensuring a safe environment for journalists and media workers.

The abovementioned documentation must also be submitted by media outlets that are already registered in the Register, along with proof of payment of the registration maintenance fee.

Finally, the new rulebook defines the term average sold print circulation, as the registration application must now also include documentation that contains information on the media’s circulation.

This article is for informational purposes only and does not constitute legal advice. If you need further information, feel free to contact us.