The media center announced that the text "Concert for Nermin: Islamization of Podgorica", published by the "Borba" portal, is an example of spreading hate speech and inciting discrimination, acts that are prohibited by the recently adopted Media Act and the Audiovisual Media Services Act.
"The Media Center uses this case to, apart from condemning hate speech and inciting discrimination against an ethnic group and individual, point out the shortcomings of the new media laws, which are reflected, first of all, in the fact that texts published on internet publications (portals) are not part of jurisdiction of the regulator, i.e. the Agency for Audiovisual Media Services, which not only has no authority in the area of sanctioning portals for spreading hate speech, but also sanctioning electronic media and portals for non-compliance with professional standards," states the media center's statement signed by Goran Đurović.
He stated that all media in Montenegro, including portals, can now work unhindered as part of the propaganda machine of political parties and other centers of power, sure that the regulator, an independent state institution, the Agency for Audiovisual Media Services, cannot fine them or revoke the permission to broadcast if the returnees are in violation of the law.
"In accordance with Article 54 of the Law on Media, due to the spread of hate speech and discrimination, it is possible to proceed before the competent court, which can be initiated by the prosecution or a person who was the subject of hate speech and discrimination. At the request of the prosecution or the person who was the subject of hate speech and discrimination, the court in an urgent procedure (within 24 hours) can issue a decision prohibiting the further dissemination of disputed content".
Đurović reminded that the "Borba" portal had removed the disputed content.
"If, during the drafting of the media laws, the proposal of the Media Center and other NGO representatives was accepted that the Agency for Audiovisual Media Services has jurisdiction over all content of the portal, as well as the authority to sanction electronic media and portals in the case of spreading hate speech and inciting discrimination, it would be possible to fine portal "Borba", and in the case of repetition of such content and violations of the law, it would be possible to permanently revoke the approval of this portal. This way, every portal can now publish similar content and delete it after a while, but leaving the possibility for them to continue their viral life on social media networks".
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Đurović also stated that Article 443, paragraph 1 of the Criminal Code of Montenegro prescribes the criminal offense of racial and other discrimination.
"'Whoever, on the basis of differences in race, skin color, nationality, ethnic origin or some other personal characteristic, violates basic human rights and freedoms guaranteed by the generally accepted rules of international law and international treaties ratified by Montenegro, shall be punished by imprisonment from six months to five years "However, leaving the act of spreading hate speech and encouraging discrimination to the discretion of the prosecution and lengthy proceedings before the courts is not a good way to send a clear message that such phenomena will not be tolerated," Đurović concluded.
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