The implementation of the Media Law, in the part that relates to transparent funding of the media from public sources, has not yet been fully implemented, and the Ministry of Culture and Media (MCM) does not have the capacity or authority to consistently implement these provisions, the Center for Civic Education (CCE) announced.
This, as stated by the non-governmental organization (NGO), is reflected in a large number of public sector bodies, as well as media founders, who do not fulfill their legal reporting obligations.
"This undermines public control over the spending of citizens' money and the integrity of the media market. The discrepancy between the amounts reported by the media and the public sector highlights the need to improve this system in order to have harmonized, accurate and comprehensive data," the statement added.
It is stated that an analysis of the MKM's annual reports for the period 2021–2024 shows that compliance with legal obligations related to the transparency of media financing from public revenues is uneven among both public sector bodies and media founders.
"The question remains open: why is the Ministry not taking more decisive measures to ensure full implementation of the law?", stated the CCE.
This NGO, as stated, has been collecting this data for years, which has provided valuable advocacy material to legally regulate the monitoring of public money flows to the media, which was done through the Media Law, adopted in August 2020.
"In this part of the legal framework, Montenegro can be a model for many countries in the region, but unfortunately this is not followed by the implementation of the law," the statement added.
The CCE said that for 2021, the first year of application of these legal provisions, public sector bodies largely ignored the obligation to provide data on funds paid to the media.
It is stated that of the 663 entities listed among public sector bodies, only 60 or nine percent submitted reports on which media outlets they directed public money to.
"Media founders submitted data for 75 media outlets, or 37 percent of the then active media outlets, according to the Ministry's records. This disproportion was also reflected in the reported amounts - media outlets reported 3.987.504,92 euros, and public sector bodies reported 3.475.473,41 euros," the statement said.
CCE stated that, for comparison, the CCE also produced a report for the same year for the last time, and according to the Law on Free Access to Information, it collected data from 613 out of 621 public sector bodies to which the request was sent, which is 98,71 percent.
"This means that more bodies submitted data to the CCE for 2021 than to the competent Ministry. The CCE report recorded that 192 bodies had transfers to the media in 2021 in the amount of 3.426.183,33 euros," the statement added.
It is stated that some progress is being recorded for 2022.
It is added that data was submitted to MKM by 62 percent (124 out of 201) of media founders and 27,85 percent of public sector bodies (188 out of 675 entities).
"This, as expected, led to a difference in the reported amounts - the public sector reported 7.599.233,72 euros, and media founders reported 3.616.943,92 euros," said the CCE.
The NGO stated that the highest coverage of public sector reporting was recorded in 2023, when 64 percent of authorities (430 out of 675) fulfilled this obligation.
"At the same time, there is a drop to 56 percent among media founders (111 out of 198). The amounts are again out of balance - 7.942.101,92 euros according to public sector data, compared to 6.149.109,33 euros according to media founders' data," the statement says.
It is stated that in 2024 there will be a new decline in discipline - 62 percent of public sector bodies and 53 percent of media founders submitted data.
"The gap in amounts remains pronounced: 8.387.570,57 euros (public sector) versus 6.915.667,19 euros (media founders)," the statement added.
CCE emphasized that such a situation requires more active supervision and a more efficient system of sanctions, and that it seems that this segment of the implementation of the Media Law is not a priority for the relevant Ministry.
"In addition, CCE appreciates that greater digitalization of the process is needed, for easier search and public availability of data, which would make all these money flows more transparent," the statement says.
The statement reminds that the Law provides for sanctions for a responsible person in a state administration body or local government body, including a fine of 300 to two thousand euros, if, among other things, they fail to publish records by March 31 of the current year for the previous year or fail to submit them to the MKM.
"At the same time, a legal entity that is the founder of a media outlet may be fined between one thousand and eight thousand euros if it fails to report the funds received within 30 days or fails to submit records to the Ministry no later than March 31 of the current year for the previous year," the statement says.
CCE stated that it is not known whether or who has been sanctioned so far.
"In addition to annual reports, the ministry should also publish data on the implementation of penal provisions, because only consistent application of the law can make transparency the rule, not the exception, which is the intention of these provisions," the statement added.
Speaking about the standardization of the entire process, CCE said that in addition to the "list of non-deliverers", a certain system of automatic reminders would be useful, and it would be desirable to investigate how the control and sanctions system could be strengthened, in order to encourage as many entities as possible to comply with the regulations.
"Also, it is necessary to update the register of active media more regularly, so that the reporting percentages are realistic," the statement added.
It is stated that a more proactive and responsible approach by both media founders and public sector bodies, as well as a better control role for the MKM, are a prerequisite for more transparent media financing, responsible spending of public resources, and a media market with integrity.
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