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Media Study - Medija centar Beograd

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The court shall not order the responsible editor to publish a correction i.e. part of the correction if the plaintiff fails to prove that the published<br />

information is inaccurate, incomplete or incorrectly imparted; if the information is inaccurate or incorrectly imparted, but the court finds it does<br />

not infringe on the right of the person it refers to; or, for any reason for the non-publication of a reply listed in para 1, items 1, 2, 4, 6-18 of<br />

Article 58 of this Law which accordingly apply to corrections.<br />

Urgency of Legal Procedure<br />

Article 61<br />

The legal procedure related to the publication of a reply i.e. correction shall be urgent.<br />

In the event of a lawsuit over publication of a reply, the case shall be allocated to a judge the same day the charges are received in court or the<br />

following day.<br />

Main Hearing in the Lawsuit over the Publication of a Reply<br />

Article 62<br />

In lawsuits over the publication of a reply, no preliminary hearing shall be scheduled, nor shall the defendant be asked to present a response to<br />

the charges and the hearing sessions shall be scheduled at intervals not exceeding 8 days.<br />

The first main hearing session shall be held within 8 days from the day the charges were filed with the court.<br />

The court shall summon to the first main hearing session the plaintiff, the defendant and possibly the witnesses.<br />

The summons to the plaintiff shall include notice that it shall be deemed that the charges have been dismissed in the event of his/her absence<br />

from the first or any subsequent hearing sessions; the summons to the defendant shall include notice that judgment may be passed at the first<br />

hearing session in the event of his/her absence, and that, in the event of his/her absence from the following hearing sessions, the judgment<br />

shall be based on the facts established theretofore.<br />

In lawsuits over the publication of a reply, no dormancy shall apply to the case.<br />

282

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