BFMI: Serbia’s draft media law falls far below EU standards and fails to protect independent media in the region
Serbian media regulator – Regulatory Authority of Electronic Media
BFMI is profoundly concerned over the drafts of two critical laws for the national media environment that have been presented for consultation by the Serbian government. If passed, the laws would further curtail media independence and pluralism in the country by allowing state-owned entities such as Telekom Srbija to further expand into media ownership, distort competition and harm the few remaining independent media in the country. The draft laws represent a step back in media reform and showcase President Vucic’s disregard for EU values.
These draft laws – Law on Public Information and Media and Law on Electronic Media – contradict the previously approved “Strategy for Development of the Public Information System in the Republic of Serbia”. This strategy was agreed upon by the government and representatives of media organizations and civil society, and endorsed by the European Union in 2020. Alarmingly, the new drafts also conflict with the recently approved European Media Freedom Act (MFA) in areas relating to media pluralism and regulatory independence.
BFMI is particularly concerned about three primary aspects of the draft laws, which seem to strengthen existing structural challenges that stifle media freedom in Serbia:
State Ownership of Media: The proposed laws would lift the current restrictions on state-owned entities to become media owners and holders of media licences. This move appears to legitimize the actions of state-owned telecoms company Telekom Srbija, which currently directly and indirectly owns media outlets against existing regulations. The draft laws propose no safeguards to protect editorial independence, and to protect media from state/ruling party influence in shaping public opinion.
Independence of the Media Regulator: The draft laws ignore domestic and international criticism regarding the ineffectiveness of the Regulatory Body for Electronic Media (REM), which is widely perceived as an authority under regulatory capture. The proposed regulations neglect the implementation of a conduct code for REM Council members and fail to mandate the election of new members. This could cement political control over REM, favouring pro-government media, and blocking essential reforms aimed at ensuring the regulator’s autonomy.
Ethical standards for outlets receiving state funding. The draft laws include provisions that weaken the authority of the independent Press Council of Serbia. While the Council's sanctions for ethical violations can lead to media outlets losing public co-financing, the draft laws note that this applies only to members of the Council. This loophole could let outlets that regularly display bias, spread misinformation, or breach ethical codes to still secure government funding.
It is imperative these drafts are reconsidered. Their enactment could further erode media freedom in Serbia, which will have strong repercussions in the region. As BFMI has noted, Serbian media under state influence – including Telekom Srbija – regularly promote pro-government propaganda, amplify pro-Kremlin disinformation and fuel ethnic tension, particularly in Bosnia and Herzegovina and Kosovo.
BFMI joins other free media organizations in urging the Serbian government to reconsider the controversial changes in these draft laws and resume dialogue with organizations committed to refining Serbia's media environment consistent with European principles.
BFMI also calls on the European Parliament and European Commission to urge Serbia to align with EU media freedom standards, as part of the accession negotiations. The implications of these laws must be thoroughly examined in Serbia’s yearly accession progress report and rule of law report, which the EU must ensure Serbia subscribes to. Furthermore, any EU financial support to Serbia should be contingent upon advances in media freedom.
