The Serbian Broadcasting Law was enacted by the assembly on July 18 and hence the cleaning of Augean stables in Serbia’s media space started after several decades. Only a day before the government of Montenegro requested the parliament to urgently pass all three key media laws which had been prepared for 11 months by European Council (EC) experts and all relevant factors in the media space in that republic. These laws are still standing in some drawer, waiting, most likely, to see the outcome of elections in that republic, set for October, before they can be entered into parliamentary procedure.

At the beginning of the year the European Council made it clear to representatives of the Serbian Assembly Culture and Information Committee that membership in the EC will not come through unless the law on information and broadcasting is passed, which was then marked as the main condition for Yugoslavia to enter the waiting room of the European Union.

The message was best understood by media people, whilst vice-president of the Serbian government, Zarko Korac, now it is completely clear, went down in the history of the new media era of this part of the Balkans because he invested his best capabilities, understanding and persistence in bringing about the law, which finally saw the light of day. When its implementation will start remains to be seen.

For months Korac was pulled between editors-in-chief and managers, politicians from the political parties in power and the opposition, journalist unions and associations, non-governmental organizations and all public representatives who know or believe they know ‘all’ about the media and their use. However, there is little chance that their huge advocacy for the important democratic step taken by the 5^th of October Serbia by passing the law will be viewed for long as a ‘historical’ contribution. This will be clear in some still unforeseeable future which, as we know, is the usual custom of people in this region – in line with the principle ‘everything that is new and in accordance with Europe, even if it is beneficial for the people, is not good enough’ – until it somehow settles in…

When, after a lot of difficulty and day-and-night meetings of members of the working group charged with writing the law on broadcasting, the document was finally passed, no one was relieved or expressed satisfaction because the struggle for the law’s implementation had, actually, just begun. It was clear, after so many decades, despite fierce criticism from all sides aimed at the group members (among whom perhaps the most prominent and most agile was incumbent Radio Belgrade Director Rade Veljanovski and President of the Association of Private Electronic Media ‘Spektar’ Slobodan Djoric), that Serbia had started going back to 1925 when the most democratic and liberal press law was announced with the already famous Article 1 which starts with the sentence ‘The press shall be free.’

It was high time at least to start clearing the RTV jungle in Serbia because, even during the moratorium on the opening of new radio and TV stations declared a year and a half ago, dozens of stations had still gone on air on various frequencies, bumping into each other on the tight airwaves and not heeding the ban, which no one could control anyway. This part of the Balkans became perhaps the world record holder by the density of broadcasters per capita. For example, according to latest data, there are approximately 1,300 radio and TV stations operating in a small space which broadcast all and everything. Of all these stations, maybe only two percent have proper operating documents and comply with technical standards. But, alongside hundreds of stations which broadcast all sorts of music and unsung trash and which do not even deal with information, a parallel battle is being waged by formerly independent media and their leaders to have formerly state-run media, as well as media moguls such as Zeljko Mitrovic, boss of Television Pink, start from scratch at the moment when the Law on Broadcasting goes into effect.

This justified request by all independent media, which had waited for a long time for the new government to declare ‘zero point’ for all media, still remains only a dream. Transformation of RTV Serbia into a public service, which is an important provision in the new law, initiated new debates and discussions, since even the strong independent media outlets crowned with the glory of professional struggle for democratic media, such as TV B92, are rightfully requesting national coverage of the entire republic.

At this moment, in the territory of almost the whole of Serbia viewers are able to watch, along with RTS, also Karic’s BKTV and TV Pink. To make things even more complicated, these stations have proper documents but a very messy past as they ‘earned’ the right to be watched in the whole territory by paying big money earned in different ways during the regime of Slobodan Milosevic, by supporting directly or indirectly the 10-year dictatorship of The Hague indictee.

It would be hard for the new politicians in power to decide to shut down the already developed media systems which had switched to the new circumstances with lightening speed by swinging back and forth between Kostunica and Djindjic. From former hawks and eagles, these media became gentle tumbler pigeons and their transformation is accepted by most political parties in the DOS coalition, which are rushing in front of their cameras and microphones, as a ‘democratic change.’

In a public gathering in spring last year the president of the Serbian government on his own initiative informed the public that the DOS had signed a document committing itself that not a single government member would influence any media outlet – ‘or he will instantly be thrown out of the government.’

Then President of NUNS (Independent Association of Journalists of Serbia) Gordana Susa said that pressure does exist, but at the local level, and that the situation at RTS has not been fully cleared up. In reaction to precise and serious criticism coming from the director of ‘Mreza’ (Network), Lila Radonjic, who said that republic government bodies had done nothing to ‘dismantle’ outlets such as TV Pink, BK and ‘Palma,’ she was told that ‘they possess proper – documents.’ The time of dismantling seems to have passed and these same media outlets, as well as some others, no longer have to fear the influence of politicians; rather, they ‘come out to meet them,’ choosing, half-tacitly or openly, one or another option which ‘adorns’ the Serbian political scene.

The red-hot arena where the new Law on Broadcasting was being forged attracted politicians in a pack, who were carefully watching the development of media, in particular television, and trying to assess their own position and that of their political party in the newly-arise situation. Most anger on the part of media people was provoked by New Democracy (the party president is Police Minister Dusan Mihajlovic), which requested the Broadcasting Council to be run by the state through the procedure of appointing the Council members. It was even proposed that political parties, and then also religions, be entitled to their own radio or TV…

A total of 150 amendments to the draft law were submitted so the government withdrew the proposal – but only for a moment. The ANEM strongly criticized the withdrawal of the document from procedure, accusing the authorities of doing this ‘due to their reluctance to truly democratize the field of electronic media in line with existing standards in Europe.’ The government was called upon to announce the positions on the proposed law of all political parties making up the DOS coalition. ‘Spektar’ assessed that ‘some among them, such as the New Democracy, want to have one foot in Europe and remain with the other in Slobodan Milosevic’s regime during which, only in the election year 2000, tens of SPS-JUL televisions and radio stations were founded…’

And then the biggest blow was dealt by the authorities, although the proposal was endorsed by certain important media representatives as well, when the government announced that the Council, instead of 15, has only nine members. The New Democracy spoke out again, complaining about the planned number of representatives of non-governmental organizations in the Broadcasting Agency Council, which is taking on all competencies held thus far by the state with regard to the media. The political party was particularly bothered by the fact that the letter of the law bans the establishing of media outlets by political parties…

As events concerning the law were kicking into full swing, it was becoming more and more evident that this was a truly historic moment in the media and otherwise arena in Serbia since, despite a lot of objections from all sides, it was clear that this would still be a law that can help this country.

But, in addition to the New Democracy, the proposed law also did not suit some other political parties from the ruling DOS coalition for various reasons. Zarko Korac already saw that his struggle against the adamant stands of political parties and radical and dissatisfied media people due to the ‘defective’ law – was heading towards an ‘optimum compromise.’ That had been his aim.

Korac, unlike many of his DOS colleagues, assessed correctly that at this political moment in Serbia it was more important to pass a broadcasting law that would start imposing order in the field as soon as possible, than to wait for ‘ideal’ conditions for a document that not everyone would ever agree on. Latent pressure from the European Council was effective, but Korac’s pragmatic stand was accepted, first tacitly and then publicly, by the working group members, journalists, for whom the beginning of media democratization with the introduction of a law with new quality, even if flawed, was more important than searching for an ideal paper. ‘There is time for corrections,’ they said, ‘the struggle continues, now it will be easier to advocate for further polishing up of the document.’

What did the media people agree to? That four members of the Council would be proposed by the parliaments and governments of Serbia and Vojvodina, four by university rectors by common agreement, and also associations of broadcast media, journalists, film and drama artists and composers, domestic non-governmental organizations and associations of citizens dealing primarily with protection of free speech, national and ethnic minority rights, children’s rights, as well as religious communities. They are chosen by the Assembly of Serbia after they propose the ninth Council member by common agreement who must be a man living and working in Kosovo.

Over the next four years local, municipal radio and TV stations will be privatized. So-called hate speech will be strongly attacked by the law and who violates it will no longer be able to broadcast, and will be legally sanctioned in other ways as well.

‘Zero point,’ the much desired aim of all independent broadcasters as a START for everyone in the race for frequencies, will not be ‘zero’ for RTS and RTV Novi Sad. In return and as some kind of consolation, these two outlets have been transformed into public services, hence, as is expected, without the influence of politics, in the service of all citizens, etc. All others must reapply for licenses.

Zarko Korac has announced the establishment of the Republic Broadcasting Agency as an ‘independent body with supreme authority,’ which is supposed to contribute to ‘depoliticization and prevention of direct political influence’ on the media. It has not been said when the body would be established, but the path to new media events has at least been cleared and marked.

Former power-holders turned oppositionists, the Socialist Party (SPS), Serbian Radical Party (SRS) and others, were strongly opposed against certain provisions of the new law during several-day discussions, submitting as many as 100 amendments. They are now practicing, using democratic means of fighting, to remind of their undemocratic practice of many years. Already this fact taken out of the discussion which preceded the enactment of the broadcasting law announces the arrival of new times and a somewhat different media atmosphere in the country.

Djordje Zorkic is deputy Editor-in-Chief in News agency BETA. ©Media Online 2002.