04.02.2013 Views

Media Study - Medija centar Beograd

Media Study - Medija centar Beograd

Media Study - Medija centar Beograd

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

The founder of a media outlet the distribution of which is suspended fully or in significant part through violation of ban stipulated in para. 1<br />

hereof shall be entitled to seek compensation for the damages so incurred before the competent court.<br />

In case that violation of ban stipulated in para. 1 hereof is ascertained in the proceedings described in para. 2 hereof, the court shall calculate<br />

the compensation for the damages incurred minimum according to the value of sold advertising space for all the issues of the media outlet that<br />

were not distributed as a result of the violation of ban stipulated in para. 1 hereof. In absence of proof of such value for all or some of the issues<br />

of the media outlet, the value for each such issue shall be deemed equal to the value of the sold advertising space in the first issue of the media<br />

outlet that was not distributed.<br />

The procedure mentioned in para. 2 hereof is urgent.<br />

In the course of the proceedings mentioned in para. 2 hereof, the competent court shall, at the proposal of the founder of a media outlet,<br />

specify a temporary measure obligating the person engaged in distribution of media outlet to continue distributing the subject media outlet until<br />

the effective termination of the procedure.<br />

The proposal mentioned in para. 5 hereof shall be subject of decision by the competent court no later than eight days from the day of<br />

submission of the proposal. The competent court shall immediately forward its decision to the founder of the media outlet, editor-in-chief of the<br />

media outlet and the person engaged in distribution of media outlet”.<br />

Ban on Dissemination of a Piece of Information<br />

Article 17<br />

The competent district court may upon a motion by the public prosecutor ban the dissemination of a piece of information if it establishes that<br />

such a prohibition is necessary in a democratic society to prevent: calls for a violent overthrow of the constitutional order, the undermining of<br />

the territorial integrity of the Republic, prevent propagation of war, incitement to immediate violence or racial, ethnic or religious hatred<br />

representing incitement to discrimination, hostility or violence, and that the publication of such information would directly result in a serious,<br />

irremediable consequence that could not be prevented in another manner.<br />

Ban Motion<br />

Article 18<br />

The motion to ban the dissemination of a piece of information of media outlets (hereinafter: ban motion) shall be submitted by the competent<br />

public prosecutor.<br />

260

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!