The Law on Electronic Media needs to be amended and prescribe the obligation that municipalities must determine the minimum amount of the annual budget for financing local public broadcasters, in order to finally ensure their sustainability.
This was announced at the presentation of the legal analysis on the position of local public broadcasters and the rights of journalists in the media laws of Montenegro.
The analysis was done for the needs of the Media Union of Montenegro (SMCG) by Sandra Bašić Hrvatin and Goran Đurović.
The reason for its creation is the long-standing difficult position of employees in numerous local public broadcasters in Montenegro, who are constantly delayed in their salaries and contributions, which is why the employees of RTV Pljevlja have been on strike for more than a month.
In the analysis, Hrvatin and Đurović concluded that in the previous period, different practices of municipalities were observed in the financing of local public broadcasters, so they received money in accordance with the size of the budget, but also the type of broadcaster (radio or television).
"If the municipality assesses that it is necessary to establish a local public broadcaster, then it is necessary to ensure its financing in a way that will ensure the greatest degree of independence in work," the analysis says.
Only provided and known in advance minimum means for the realization of the public broadcaster's mission, as assessed, ensure a high degree of their independence and respect for professional standards.
"In this way, the security and smooth operation of the local public broadcaster, which will not depend on the assessment and needs of the political parties exercising power in a certain municipality, is increased," the analysis states.
Representatives of local public broadcasters pointed out the problems, especially when it comes to Pljevlja and Rožaje, the poor attitude of the Municipality. The director of RTV Pljevlja, Dejan Miličić, said that they have no idea how to pay back wages to the workers.
The representative of the EU Delegation in Montenegro, Patrik Šmelcer, said that the media are important because they concern the negotiation chapters 23 and 10, that the question is how far one can go with the regulation of any area, as well as when it comes to the behavior of individuals in councils, it cannot be regulated by laws. "I would not like to spread skepticism, but I am afraid that, in several countries in the region, we will face a serious situation when it comes to the independence of journalism as a whole," said Šmelcer.
Hrvatin and Đurović also recommended changes to the Law regarding the election of council members of local public broadcasters.
According to the existing model, council members are generally proposed by state or local public enterprises and public institutions, so there can be no talk of independence of editorial policy.
"Therefore, it is necessary in the Law on Electronic Media to prescribe that the members of the council are proposed exclusively by civil society organizations. This method of selection is present in the RTCG Public Service Council, so good practice from the national level should be transferred to the local level," the analysis recommended.
It was suggested that in the councils of local public broadcasters, it would be desirable to have one member from a representative union at the state level.
The analysis suggested changes to the Media Act in order to provide mechanisms to protect journalists and editors from the influence of media owners.
As explained, such regulations do not exist in Montenegro, and in combination with the unenviable financial position of journalists, low wages and limited opportunities for career advancement, journalists and editors often agree to the influence of the ownership structure on the editing of media content.
Thus, as stated, amendments were proposed according to which journalists would have the right to refuse certain orders from the editor if acting in accordance with that order would violate the regulation, rules of the profession or the Code of Journalists.
"A media text or contribution, the meaning of which has been changed in the process of editorial processing, should not be published under the signature of the journalist-author, without his consent. Additionally, in the case of a lawsuit filed against a journalist due to an article, contribution, photo or caricature, his employer is obliged to hire a legal representative at his own expense, as well as to compensate the costs in case of losing the court case," says the SMCG announcement.
The analysis was done within the framework of the project "Regional platform of the Western Balkans for the advocacy of media freedom and the safety of journalists", which is financed by the European Union and will be supplemented by clarifications given during the discussion.
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