Media Study - Medija centar Beograd

conforming it with international experience and standards.
Competent state bodies shall ask the Agency for its opinion during the drafting of
regulations in respect of the broadcasting sector.
Pronouncement of Sanctions
Article 17
The Agency may issue the broadcaster a reprimand or a warning and may temporarily or
permanently revoke its broadcasting licence in keeping with the provisions of this Law.
Exceptionally, public broadcasting service institutions - which are not obliged to acquire
a broadcasting licence from the Agency - may only be issued a reprimand and a warning.
The Agency may initiate proceedings against a broadcaster or the broadcaster’s
responsible person with a court of competent jurisdiction or another state body if the
broadcaster’s act or failure to act has the character of an offence punishable under the
Law.
Article 18
A reprimand set forth in Article 17 paras 1 and 2 of this Law shall be pronounced against
a broadcaster, which has for the first time breached an obligation stipulated by this Law
or an Agency by-law passed on the basis of this Law.
The reprimand shall not be published by the media.
A warning shall be pronounced against a broadcaster which:
1) Despite the issued reprimand, continues acting in contravention of obligations
stipulated by this Law or an Agency by-law adopted on the basis of this Law.
2) Violates an obligation for the first time, but in a manner in which this violation
seriously threatens the implementation of principles regulating relations in the
broadcasting sector;
3) Violates a term set forth in the broadcasting licence.
When pronouncing a warning, the Agency shall expressly specify the obligation the
broadcaster has violated and define measures the broadcaster is to take to rectify the
violation.
The warning shall be published in the media and obligatorily in the programme of the
broadcaster concerned.
A broadcaster may also be subject to pronouncement of sanctions laid down in a separate
telecommunications law, in the event the broadcaster does not abide by the prescribed
obligations.
The Agency shall ensure impartiality and fairness during the imposition of sanctions, as
well as enable the broadcaster to be heard about the committed violations of obligations it
is held liable for prior to the imposition of the sanction.
The Agency shall prescribe detailed rules on the terms and procedure of sanction
imposition.
Protection of Minors
Article 19
The Agency shall ensure the protection of minors and the respect of human dignity in
programmes broadcast via radio and TV and shall pass a general binding instruction to
that effect.
The Agency shall especially ensure that programmes, which may impair the physical,
mental and moral development of minors, are not accessible via radio or television except
when the broadcasting time or technical measures ensure that minors are as a rule
unlikely to have the opportunity to watch or hear them.
Broadcasting of programmes, which grossly impair the physical, mental or moral
development of minors, shall be prohibited.
Protection of Copyrights and Neighbouring Rights
Article 20
The Agency shall ensure that all broadcasters apply regulations on copyrights and
neighbouring rights.
Conduct contrary to regulations in para 1 of this Article by a broadcaster shall be the
basis for pronouncing prescribed sanctions by the Agency independently of other legal
remedies at the disposal of the aggrieved holder of a copyright or a neighbouring right.
Suppression of Hate Speech
Article 21
The Agency shall ensure that the broadcasters’ programmes do not contain information
inciting discrimination, hatred or violence against an individual or a group of individuals
on grounds of different political affiliation or of race, religion, nationality, ethnicity, sex
or on the grounds of sexual affiliation.
Conduct in contravention of the prohibition in para 1 of this Article shall be deemed
grounds for pronouncing the envisaged sanctions by the Agency, independently of the
other legal remedies at the disposal of the aggrieved.
III Agency Council
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