Media Study - Medija centar Beograd

2.6.4 STAKEHOLDER BACKGROUND
2.6.4.1 LEGAL
Content and accountability
Content related issues (protection of minors, advertising, etc.) for broadcasting and other media are addressed in
the laws on Advertising and on Public Information. Content provision by generally defined linear and non-linear
media services are not addressed by specific legislation, but are partly covered by general laws 51 . Accountability
issues for broadcasters are addressed in the Broadcasting Law for Broadcasters (Article 75). Accountability for
internet services providers is addressed in the Law on E-Commerce. 52
Cable operators require an operator license under the provisions of the current telecommunications act. It is likely
that this requirement will be replaced with a simple notification requirement following the adoption of a new
Electronic Communications Act which is expected to be based upon the 2003 / 2009 EU regulatory framework in
the field of electronic communications.
Serbian broadcasting legislation does not specifically address cable (other than stating that a broadcasting license is
needed for broadcasting over the cable, unless already having a license for terrestrial broadcasting). The RBA is in
the process of preparing procedural rules on cable networks. Yet there is doubt as to whether the RBA is
empowered to adopt such rules.
Copyright pertaining to media stakeholders
As already mentioned the copyright act was amended by the end of 2009. In particular, regulations concerning
royalties for national and international retransmission were adopted. Provisions were introduced aiming to ensure
that collecting societies charge an appropriate level of copyright royalties from broadcasters and cable operators.
The copyright level is determined on the basis of negotiations. If this fails, a mediation procedure will take place.
Ultimately the payment scheme and the level of royalties may be determined by the Intellectual Property Office.
The procedure must align with specified international standards. However, there seems to be no specific reference
to non-linear services under Serbian Broadcasting Laws or to issues specified in the AVMS-Directive in the amended
act on copyright.
51 Please refer to Annex 5.2 for further reference.
52 Broadcasting is defined in the Broadcasting law as a general term for radio and television mass media providing analogue or digital
transmission of text, speech, sound, or moving image in the form of program content via radio waves of cable distribution systems to adequate
reception devices and intended for the general public.
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