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Media Study - Medija centar Beograd

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The 2009 EC Progress report says that progress was made in 2009 in terms of the transparency and accountability<br />

of the activities of the Republican Broadcasting Agency; However, it also states that a small number of cases, in<br />

particular those relating to media using minority languages, the decisions have proved controversial and procedural<br />

irregularities were raised. A significant number of the stakeholders interviewed for this report pointed to unclear<br />

procedures in the RBA’s allocation of frequencies. See e.g. IREX <strong>Media</strong> Sustainability Index 2010 24 .<br />

The 2009 EC Progress Report states that political interference in the work of media has continued, while some<br />

media has continued breaching the rules on protection of privacy and ethics.<br />

In August 2009 amendments to Law on Public Information were adopted, and both the government and parliament<br />

were criticised over the lack of transparency and lack of public consultation prior to the adoption of the<br />

amendments. Later some of the provisions have been changed.<br />

The RBA is in charge of adopting recommendations, and regulations of broadcasters to ensure efficient<br />

implementation of the broadcasting policy. This competence is specified in the Broadcasting Law. However, it<br />

appears that the RBA has not yet issued detailed programming standards that broadcasters must follow. The RBA<br />

administration has developed draft procedural regulation for cable operations. It is, however, a matter of dispute<br />

whether such ‘procedural rules’ fall within the RBA’s competence and whether the RBA has proposed the<br />

appropriate measures.<br />

When organizing broadcasting licensing competitions, the RBA determines certain programming and technical<br />

criteria which the contenders must fulfill. During the evaluation process, the RBA administration reviews whether<br />

applicants meet these criteria and reports to the council. However, interviewees repeatedly claim that, the criteria<br />

used to evaluate the applications are not transparent and clearly defined. The Council, which makes the final<br />

decisions, has a large margin of discretion, which is hardly judiciable.<br />

RBA does seem not to have played a key role in the preparation of sector specific regulations, in media strategy<br />

development or in media policy. The RBA administration does not seem to have a proactive role in relation to<br />

developing such regulations or to involve proactively in commenting on draft law initiatives. Similarly, there seems<br />

to be no decision making committees within the council which is detrimental to the efficiency of RBA operations.<br />

Republican Agency for Telecommunications – RATEL<br />

The Republican Agency for Telecommunications (RATEL) is established as an independent regulatory body in charge<br />

of regulating telecommunications networks and services. It is headed by a management board which takes most of<br />

the relevant decisions itself. Apparently sub–committees or administrative bodies do not to take decisions<br />

concerning specific issues. The following RATEL competencies are of particular relevance to media:<br />

Allocation of frequencies,<br />

Monitoring of frequency use,<br />

Analysis of the available frequencies,<br />

Monitoring of the technical capacity, mapping etc.,<br />

24 IREX MSI 2010 http://www.irex.org/programs/msi_eur/2010/EE_MSI_2010_Serbia.pdf - read 1.6.2010.<br />

35

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