Boris Raonić addressed the Ombudsman with a complaint claiming that TV Vijesti violated the basic principle of the Code of Journalists, the obligation of truthfulness and verification of information.
After reviewing all the facts and unsuccessful mediation between Raonić and the editorial staff of TV Vijesti, the Ombudsman believes that there has been a violation of the guideline Handling of Sources 1.3 (b).
Recommendations are also made calling on the editorial staff of TV Vijesti to present future reactions, which respect the length specified in the Code, separately and integrally. An explanation of the context or a comment can be published before or after the reaction is published. After correcting the error, it is necessary to inform viewers and issue an apology to viewers and the person to whom the error refers.
Explanation
In Vijesti at half past 5 on December 4, as part of a report on the trial for wounding journalist Olivera Lakić, a statement by a witness, journalist Jelena Jovanović, was broadcast: "Olja Lakić told me that she had a bad feeling, that something bad was going to happen to her. That day, she told me to write down three names: Zoran Ćoć, Bećirović, Enis Baković and Boris Raović, she told me that Raović had written very badly about her, that he was manipulating information. Raonic wrote badly about me too. She mentioned Bećirović because of the disgusting stories he told about her and two other colleagues from the Vijesti editorial office.
Sentence – Raonic wrote bad things about me too, was the reason for Boris Raonic's complaint to the Ombudsman. In it, he states that TV Vijesti published inaccurate, unverified and professionally untenable claims about him, which directly affect his reputation and integrity.
The statement that he "wrote badly about her" is completely untrue, Raonić writes in the complaint. He supports this claim by saying that such a statement does not exist in her court testimony, and that the journalist confirmed to him in written communication that she never made the above statement. He points out that TV Vijesti did not verify this claim, but rather arbitrarily attributed it to the court proceedings. This therefore violates the basic principle of the Journalists' Code - the obligation to be truthful and to verify information.
The editorial board responded to Raonić's complaint by saying that Television Vijesti had taken the disputed statement from the Vijesti portal, which was clearly stated in the TV Vijesti report. The disputed statement was broadcast in the report on Vijesti at 4:30 PM on December 4. Immediately upon learning that the portal had made an error when quoting this part of Jelena Jovanović's testimony, Television Vijesti deleted the disputed statement from the reports for Vijesti at 7:30 PM and Vijesti at 10 PM.
The editorial board also explained that Raonić sent a response the next day, December 5, requesting a correction of these allegations. They state that they acted in accordance with the Media Law and the Journalists' Code and published his request for a correction of the allegations in Vijesti at half past four.
In response to the statement of the TV Vijesti editorial board, Raonić stated that when the denial was published, it was not clearly indicated that it was a correction and that it was presented in a polemical form. He requested that the correction be published in a clear and unambiguous manner in the same time slot in which the disputed announcement was broadcast, as well as an apology. He added that if there is no reaction as foreseen by the Media Law, he will seek redress through the courts.
The editorial board of TV Vijesti maintained its previously stated position that a correction had already been published in the same time slot and in the same program, in a clear and unambiguous manner. They refused to issue an apology, stating that if Raonić believes that the Media Act has been violated, he can seek an apology and satisfaction of his rights in court. After unsuccessful mediation, the Ombudsman decided that guideline 1.3 of the Code of Journalists was violated in this case - "A journalist may use information obtained through social media, from individual web blogs or other online sources. In such cases, there is a special need for increased verification of facts, photographs and other references...".
TV Vijesti did broadcast the reaction at the same time and in the same show, but did not present it as a separate entity. Therefore, it is recommended to the editorial staff that in future reactions, which respect the length specified by the Code, be presented separately and integrally. An explanation of the context or commentary should be published before or after the broadcast of the reaction.
It is also recommended that after the error is corrected, viewers be notified and an apology be issued to both the viewers and the person to whom the error applies.
The Ombudsman did not consider Raonic's claims that Vijesti tried to link him to the criminal offense of wounding Olivera Lakic, because the credibility of other statements from the trial report, except for the disputed sentence, is not disputed.
Likewise, the explanations of the TV Vijesti editorial board regarding the practice of violating the Code of Ethics by the Public Service, headed by Raonić, are not relevant to the decision of the TV Vijesti Ombudsman.
The Ombudsman also considers that the announcement of a court process is questionable in this and other complaints, since the purpose of self-regulation is to avoid litigation. The OSCE's "Guide to Media Self-Regulation" states that self-regulation should be a reliable alternative to litigation. It is explained that "media outlets may be less willing to cooperate with a self-regulatory body if they fear that an attempt at amicable resolution of a dispute could be used against them in court".
Given the lack of case law regulating this issue in our judiciary, the Ombudsman believes that complainants should, in good faith, exhaust all possibilities for self-regulation before deciding to initiate legal proceedings.
Predrag Nikolic,
ombudsman TV Vijesti
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