Media Study - Medija centar Beograd

permitted practice on part of the broadcasters when applying the provisions of this Law in
respect of the programme content.
The Agency shall pass an instruction if there is doubt whether the manner, in which a
broadcaster or a group of broadcasters is using the licence in regard to the provisions of
this Law pertaining to programme content, is permitted or not.
The Agency shall pass a binding instruction if it is established that the broadcasters’
conduct in regard to certain issues regarding programme content is inconsistent whereby
certain types of such conduct are deemed impermissible.
The Agency shall pass a general binding instruction in order to regulate certain issues
regarding programme content in greater detail, regardless of the existing practice of the
broadcasters. The general binding instruction may pertain to a specific issue regarding
programme content, a number of related issues, or all issues in respect of programme
content (broadcasters’ code of conduct).
Non-compliance with a binding instruction shall be deemed grounds for pronouncing a
reprimand or a warning to the broadcaster, while non-compliance with a general binding
instruction shall be the basis for pronouncing any sanction the Agency is empowered to
pronounce.
Recommendations, instructions, binding instructions and general binding instructions
shall be published in the manner envisaged by the Agency Statute.
The Agency shall pass and publish other regulations in keeping with this Law and in the
manner envisaged by the Statute.
Supervising the Work of Broadcasters
Article 13
The Agency shall supervise the work of the broadcasters itself or by hiring an authorised
organisation.
When exercising the competence laid down in para 1 of this Article, the Agency shall
focus on the broadcasters’ overall respect of the terms and conditions on which they were
issued the licence, particularly with regard to general programme standards prescribed by
this law.
Broadcasters are obliged to allow the Agency insight in the data and other documentation
related to the subject of the supervision.
Consideration of Submissions
Article 14
Natural and legal persons shall have the right to file submissions to the Agency with
regard to a broadcaster’s programme contents if they deem these programmes are
violating or endangering their personal interests or the public interest.
Upon the receipt and consideration of the submission, the Agency shall deliver forthwith
the submission to the broadcaster for explanation and set a deadline therefor, unless the
submission is manifestly ill-founded, in which case the Agency shall dismiss it and
inform the submitter thereof.
If the broadcaster does not provide an explanation within the given deadline or informs
the Agency that the submission is groundless, but the Agency still maintains that the
submission is well-founded, the Agency shall take adequate measures against the
broadcaster and advise the submitter on ways in which s/he can protect his/her interests.
Adequate measures set forth in para 3 of this Article include but are not limited to:
1) Sanctions pronounced by the Agency in keeping with this Law;
2) Filing of misdemeanour or criminal charges or initiating of other appropriate
proceedings with a competent state body.
Consideration of Complaints
Article 15
A broadcaster may submit a complaint to the Agency about the conduct of another
broadcaster which has inflicted or may inflict it damage.
The Agency shall deliver the complaint in para 1 of this Article forthwith to the
broadcaster concerned, who shall provide an explanation within 15 (fifteen) days after the
day of complaint receipt.
If the Agency maintains that the complaint is well-founded despite the broadcaster’s
explanation, it shall take measures set out in Article 14 para 4 of this Law against the
broadcaster concerned.
Cooperation with State and Other Bodies and Organisations
Article 16
The Agency shall deliver its opinion to the competent state bodies at their request and in
regard to accession to international conventions and other agreements related to the
broadcasting sector.
The Agency shall cooperate with relevant organisations of other states, i.e. relevant
international organisations with the aim of exchanging opinions, improving its work and
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