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Media Study - Medija centar Beograd

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Article 39<br />

The person, to whom the information referred to in Article 38 of this Law applies personally, as a member of a group, shall have the right to<br />

bring legal charges against the author of the information and against the responsible editor of the media outlet that published the information,<br />

to seek an injunction on repeated publication of the information and the publication of the court ruling at the expense of the defendants.<br />

Charges may also be brought against the author and the responsible editor by any legal person whose objective is to protect human and civil<br />

rights and freedoms, as well as by organizations whose objective is to protect the interests of groups referred to in Article 38 of this Law.<br />

If the information referred to in Article 38 personally pertains to a specific person, a legal person or organization in para 2 of this Article may<br />

raise charges only with the consent of the person the information refers to.<br />

Provisions of a law on litigation shall accordingly apply to lawsuits concerning charges in paras 1 to 3 of this Article.<br />

Exemption from Responsibility<br />

Article 40<br />

No breach of the prohibition of hate speech shall be invoked if the information referred to in Article 38 of this Law is part of a scientific or a<br />

journalistic text that has been published:<br />

1. without the intent to incite discrimination, hatred or violence against persons or a group of persons referred to in Article 38 of this Law,<br />

especially if such information is part of an objective journalistic report;<br />

2. with the intent to provide a critical view of the discrimination, hatred or violence against persons or a group of persons referred to in Article<br />

38 of this Law, or of phenomena that constitute or might constitute incitement of such behaviour.<br />

Protection of Minors<br />

Article 41<br />

269

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