Pressures pose serious threat to independent journalism, core problems remain

The legislative framework in Montenegro largely guarantees the unhindered operation of the media, but practice often shows that political and institutional pressures and informal channels for spreading disinformation and hate speech pose a serious threat to independent and responsible journalism, according to the Ministry of Culture and Media (MKM).

The Media Union (SMCG) warns that the current level of media freedom in Montenegro is still below the level that would enable the unhindered and professional work of journalists and that, although certain progress has been recorded in recent years, essential problems remain present and deeply rooted.

MKM told the MINA agency that media freedoms in Montenegro represent one of the key pillars of democracy and a free society, but that they are currently marked by complex challenges.

The government department reminded that, according to the latest report by Reporters Without Borders, Montenegro ranks 39th on the list of over 180 countries in terms of media freedom, which clearly indicates that there are positive developments.

"Our legislative framework largely supports the right to freedom of expression and guarantees the unhindered operation of the media, however, practice often shows that political and economic pressures, as well as increasingly present informal channels for spreading disinformation and hate speech, pose a serious threat to independent and responsible journalism," said MKM.

As they stated, a particular challenge is posed by digital platforms and unregistered portals, which are often used to disseminate content that undermines social dialogue and trust in the media.

"MKM is aware of these problems and is actively working on their systemic resolution, through improving legislation, strengthening independence and professional standards in the media community, but also through establishing new mechanisms that will contribute to a safer and fairer working environment for journalists," the department said.

MKM emphasized that legal solutions alone, no matter how good, are not enough if they are not consistently and efficiently implemented, and the biggest challenge is overcoming deep-rooted social divisions, polarization, and non-acceptance of different views, all of which make it difficult to create a media space that is truly free and responsible.

They believe that continuous education of both journalists and the general public is needed to increase society's resilience to disinformation and hate speech, which the Ministry is implementing through numerous initiatives and partnerships.

MKM emphasized that they believe that with continued dialogue, cooperation between institutions, the media, the non-governmental sector and international partners, it is possible to achieve a qualitative shift towards a society in which media freedoms are not just a legal category, but a part of everyday reality.

Speaking about the level of media freedom in Montenegro, SMCG said that, although certain progress has been recorded in recent years, essential problems remain present and deeply rooted - from political and economic pressures, to unsafe working conditions, to self-censorship, which is an increasingly common response of journalists to pressures from the environment.

"The current level of media freedom in Montenegro is still below the level that would enable the unhindered and professional work of journalists," SMCG told the MINA agency.

They emphasized that media workers continue to fight not only for the right to report freely, but also for basic labor and professional rights, which shows that the fight for a free media is still ongoing.

"Media freedoms in Montenegro cannot be viewed separately from the position of those who create media content on a daily basis. Without dignified working conditions, job security and the opportunity to express professional autonomy, journalists cannot be truly free," said the SMCG.

As they stated, strengthening media freedoms must include concrete and effective protection of journalists from threats and attacks, but also a decisive institutional response when such attacks occur.

"It is necessary to improve labor rights and standards in the media industry, because without economic security there is no professional independence," said SMCG.

They emphasized that it is necessary to depoliticize the media space, especially when it comes to public service broadcasting and the way in which public funds are distributed to the media.

SMCG added that the legislative framework must be consistently applied, especially when it comes to free access to information of public importance, because the public's right to know is the foundation of every democratic society.

According to them, public office holders must show greater responsibility in public speech and communication with the media, while clearly distancing themselves from hate speech, targeting and attempts to discredit journalists.

"Until these problems begin to be addressed systematically and until journalists continue to fight for basic working conditions and safety, it is difficult to talk about essential media freedoms," the SMCG said.

MKM said that they are approaching the protection of media freedom and the safety of journalists systematically and through concrete reforms that include legal, institutional and educational measures.

They recalled that a set of new media laws had been adopted in the previous period, which further strengthened institutional guarantees of media freedom, transparency of ownership, and protection of sources of information, which can be revealed exclusively by court decision.

"We have made a significant step forward through the adoption of the Media Strategy and the accompanying Action Plan, which define specific measures to strengthen the protection of journalists and more responsible action by all competent institutions," said the MKM.

As they stated, one of the key initiatives is the development of Standard Operating Procedures in cases of attacks on journalists, which are being developed in cooperation with the Police, the Supreme State Prosecutor's Office, the SMCG, the Association of Professional Journalists, the Commission for Monitoring Attacks on Journalists, as well as the Council of Europe.

MKM said that these guidelines will be adopted at the Police Directorate level and will be binding for all relevant institutions that act in these cases, and the goal is to define clear protocols of action - from reporting the incident to processing and supporting the victim - in order to prevent uneven practice and strengthen journalists' trust in the institutions of the system.

"In cooperation with the Council of Europe and relevant domestic stakeholders, we have developed a Standard Operating Procedure for dealing with cases of violence against journalists, which will soon be formally adopted. Also, amendments to the Criminal Code treat attacks on journalists as a qualified criminal offense, for which stricter penalties are foreseen," said the MKM.

They recalled that the Supreme State Prosecutor's Office has issued binding guidelines for dealing with such cases, and a special coordinator has been appointed to monitor their implementation and maintain contact with the Commission for Monitoring Attacks on Journalists.

"All these measures send a clear message that Montenegro does not tolerate attacks on journalists and that journalists are not alone in their fight for the truth," the MKM said.

The department said that they are aware that the true protection of journalists also includes improving professional standards and education, and therefore they continuously support initiatives to improve journalistic capacities and develop media literacy among citizens, which contributes to strengthening society's resilience to pressure and manipulation.

MKM assessed that it is crucial that all relevant actors - from state institutions, to media associations, to international partners - act synergistically, because only a unified and consistent approach can ensure a safe and free media environment in Montenegro.

Speaking about the pressures on media workers, SMCG warned that these pressures are still, unfortunately, an everyday occurrence and are regularly recorded in the Union's reports.

As they stated, it is most often a matter of subtle pressure within editorial offices, coming from management or editors close to media owners.

"Such pressures are not always easily recognizable, but they have profound consequences for the professional integrity and sense of security of journalists. In addition, attacks and threats via social networks are very pronounced, which are increasingly becoming a platform for targeting journalists, who are no longer safe even on their private profiles," said SMCG.

They emphasized that frequent public attacks by politicians and officials, who often use rhetoric inappropriate for holders of public office, are also worrying.

SMCG stated that anti-union discrimination, which is reflected in the attempts of the management of certain media outlets to break up or marginalize the existence of real, independent unions, further complicates the professional environment.

They pointed out that they are increasingly encountering attempts to form so-called "yellow unions", which serve the interests of employers, not employees.

"Members of our union who insist on their rights often face pressure, transfers, isolation, and even open threats, which seriously endangers their professional and personal safety," SMCG pointed out.

As they said, censorship and self-censorship are additional layers of this problem, which are still not sufficiently discussed publicly – with the exception of the first public case of censorship bravely reported by my colleague Nemanja Živaljević.

"Through conversations with our membership and a wider circle of media workers, it is clear that these phenomena are becoming more pronounced. Self-censorship is often the result of fear - of losing a job, conflict with influential interest groups, or the reaction of advertisers," SMCG pointed out.

They pointed out that all of this indicates that journalists in Montenegro continue to work in conditions that are far from safe and free, which represents a serious obstacle to the development of professional, ethical and independent journalism.

SMCG stated that the most common pressures on journalists are political and economic, but that institutional pressures are not negligible either.

"Political pressures are reflected in attempts by politicians to influence editorial policy, often through direct calls, public discrediting or through a system of "reward" access in the form of exclusives and information. Economically, they are particularly present in private media, where advertisers, who are often connected to politics or large companies, use their budgets as a means of controlling content," said SMCG.

As they said, institutional pressures are visible in the slowness or selectivity of state bodies' actions in cases where journalists are targets of threats, but also in limited access to information of public importance.

"These pressures directly affect the quality of reporting: there is self-censorship, a decrease in the number of investigative stories and a general loss of trust in journalism, and they often lead to professional burnout and the departure of the best media workers from the profession," SMCG pointed out.

When asked how the Ministry reacts to reported cases of pressure or attacks on journalists, MKM said that they do not have operational competence in investigative procedures, but that they actively participate in coordination with relevant institutions and bodies.

"The Ministry recognizes the seriousness of any form of threat or violence against journalists as an attack on fundamental democratic rights and freedom of expression. For this very reason, we are taking concrete measures to ensure an effective institutional response and provide greater protection for media workers," the MKM said.

They added that they cooperate with the Commission for Monitoring Investigations into Attacks on Journalists and continuously support its activities, including recommendations related to improving the normative and institutional framework, and they also cooperate with international organizations dealing with the safety of journalists and media freedom.

MKM said that it plans to further develop mechanisms for collecting and systematizing data on attacks on journalists, in order to enable their monitoring by type, region, stages of the proceedings, and outcomes.

"Our goal is to fully implement a system in which no case will remain invisible, without an institutional response or clear statistics," the MKM said.

As they assessed, only through coordinated action by all stakeholders – institutions, the judiciary, police, media associations and civil society – is it possible to build a system that provides security to journalists and at the same time strengthens trust in the rule of law.

MKM stated that the Media Strategy 2023–2027 envisages measures to strengthen mutual cooperation between institutions and improve the legal framework.

Asked whether they were satisfied with the judiciary's response to attacks on journalists and whether the sentences were adequate, the Ministry said that they welcome any progress in the efficiency of the judicial response, but that they remain committed to the fact that all attacks on journalists, both new and unresolved cases, must be processed in accordance with the highest standards of justice and the rule of law.

"Within the framework of the Media Strategy, the possibility of additional standardization of provisions relating to hate speech, disinformation and threats to journalists is being considered, in order to create a clearer, more preventive and more repressive legal framework," said the MKM.

They emphasized that supporting the education of judges and prosecutors on the specifics of these cases represents an additional priority in strengthening the efficiency of institutions.

Speaking about the efficiency of the judiciary in cases of attacks on journalists, the SMCG said that recently there have been certain developments in institutional action when it comes to protecting journalists and prosecuting attacks.

"Positive examples come from the latest cases of attacks on journalists Ana Raičković and Dušanka Pejvić, where the institutional reaction was quick and decisive. Such prompt actions are encouraging and show that, when there is a will and functional coordination between institutions, it is possible to act effectively to protect journalists," said SMCG.

As they stated, there is also a noticeable increase in the openness of institutions to cooperation in this area.

"However, despite all the positive developments, we must point out that a large number of old and serious cases still remain unresolved, which sends a message of impunity. The most drastic example is certainly the murder of the editor-in-chief of the newspaper "Dan" Duško Jovanović," SMCG pointed out, assessing that it is necessary to further improve the efficiency of the judiciary, both through education of competent authorities on the specificities of the media sector, and through consistent application of laws that already provide for stricter penalties for attacks on journalists.