DPNCG: Include provisions on sexism in legislation relating to the prohibition of discrimination and gender equality

In order for the increasingly frequent gender-based violence against female journalists to be adequately punished, provisions on sexism should be included in criminal, media, and legislation relating to the prohibition of discrimination and gender equality.

The Society of Professional Journalists of Montenegro (DPNCG) announced that this was the conclusion of yesterday's panel "Journalists and Equality: Gender-Based Attacks on Female Journalists", which was attended by female journalists, civil activists, politicians, the state prosecutor and representatives of the OSCE.

"We will first submit the initiative on sexist violence against female journalists to the Proposal for Amendments to the Criminal Code of Montenegro, which is under the expertise of the European Commission. The proposal for amendments to the Criminal Code already provides for harsher penalties for attacks on journalists, but we believe that this is not enough from the perspective of the worrying trend of growth in gender-based violence against female journalists, especially verbal violence in the online sphere. The Criminal Code should define which professions are of public importance, which is certainly journalism, and in that sense, protection should be provided for all women who perform public duties, because online violence has become ubiquitous," the DPNCG statement states.

The association added that the Council of Europe Recommendation on Preventing and Combating Sexism CM/REC (2019) defines sexism as any act, gesture, visual representation, spoken or written words, practice or behaviour based on the idea that a person or group of people is inferior because of their sex, which occurs in the public or private sphere, whether online or offline, with the aim or purpose of, among other things, violating their dignity and establishing and maintaining a system of gender stereotypes.

"Data from the Supreme State Prosecutor's Office, submitted to the DPNCG, show that last year the State Prosecutor's Office opened 14 cases of attacks on journalists, of which nine (9) were for female journalists. In the first six months of this year, out of the nine cases opened, six concerned female journalists. Statistics from the Police Directorate also show that the number of online threats to journalists (on social networks and via comments on portals) is increasing, so in the first four months there were five of the total six reported," the statement reads.

The DPNCG said that among the journalists who were the targets of gender-based attacks because of their work were: Ana Raičković (Pobjeda), Itana Kaluđerović (TVE), Dragana Šćepanović (Vijesti), who spoke about this at the panel.

The statement states that the prosecution is treating sexist and gender-based insults and threats made to Ana Raičković and Dragana Šćepanović in comments on the Aktuelno portal as a misdemeanor.

"Due to the threat made by Itana Kaluđerović on Facebook to 'watch out for the bullet', the prosecution filed a criminal complaint, which the court, however, dismissed and fined the perpetrator," the DPNCG said.

They stated that the perpetrator, however, was criminally prosecuted for attacking the police.

"I experienced an additional shock when we met at the Prosecutor's Office. He said in his statement that he didn't mean to threaten me, but that, after the tragedy in Cetinje, he wanted to warn me that maybe the bullet didn't go astray, someone had taught him. He said he didn't know I was a journalist. He mocked me when he saw me in the hallway, which is something I will remember when I see him again, and commented that the noise was as if he had committed a coup d'état," said Kaluđerović.

Dragana Šćepanović said that the gender-based violence she suffered, through comments on the Aktuelno portal, affected not only her but also her family.

"In patriarchal, traditional and small environments, this form of violence becomes even more pronounced and has consequences for interpersonal relationships, and can significantly damage both personal and professional reputations," said Šćepanović.

Ana Raičković said that after receiving a police escort, she felt safer, but not completely safe.

The DPNCG said that the disparagement and insults to her as a journalist also do not stop in the comments of the portal, whose owner physically attacked her.

State Prosecutor Ivana Petrušić Vukašević said that it is necessary to improve the legislative framework, because prosecutors are faced with a situation where an event is symptomatic of a criminal offense, but they cannot treat it as such because they have no legal basis.

She said that sexist and misogynistic comments are treated as a misdemeanor and called on journalists, politicians and civil activists to report any event they perceive as an attack because the continuous repetition of certain negative behavior can ultimately constitute a criminal offense of persecution.

The director of the NGO Women's Action, Slavica Striković, said that she has been working to raise awareness about gender equality for 30 years and that experience has shown that only a harsh punitive policy produces results.

"We are a mentality that changes behavior through punishment," she said, recalling cases of "horrible hate speech and the desire to harm" MPs Aleksandra Vuković Kuč and Draginja Vuksanović Stanković.

The DPNCG said that in addition to a harsher punitive policy, Striković proposed greater women's solidarity and ongoing education of journalists and editors about reporting without prejudice and stereotypes, pointing to the important role of the media in shaping public opinion.

"She, like most of the panelists, pointed to greater responsibility for the spread of hate speech by public officials, advocating for harsher sanctions for them because they have greater influence than ordinary citizens," the statement said.

The DPNC said that DPS MP Aleksandra Vuković Kuč, who has been the target of misogyny on several occasions, proposed that journalists be given the status of official persons.

She said that criminal legislation should prescribe double jeopardy for female journalists, based on their work of public importance and on their identity.

"We have reached the bottom," she said, stating that she is satisfied because the amendments to the Criminal Code, which were not reviewed by the EC, provide for the criminal offense of serious hate speech.

GP URA Vice President Milena Vuković pointed out that politicians do not understand this issue and that they do not understand why emphasizing beauty, instead of knowledge and professional integrity, is offensive to women.

"Several participants recently criticized the statement of the MP of the Democrats, Boris Bogdanović, who targeted certain media outlets and journalists, accusing them of working for criminal clans. This is unfortunately an old practice, which has not been stopped even by current officials," said the DPNCG.

The association said that they are implementing the project "Effective Prevention and Protection of Journalists" with the NGO UZOR and the Hans Sjedel Foundation, thanks to the financial support of the European Union and the Ministry of Public Administration.

Within the same project, the NGO UZOR developed a Guide for the Protection of Women Journalists, which contains an analysis of the legal framework and recommendations ( https://uzor.me/vodic-za-zastitu-novinarki).