Ombudsman to consider constitutionality of media law

Ombudsman Saša Janković will decide in the next fortnight on whether to ask the Constitutional Court to rule on the constitutionality of the new media law.

Izvor: B92

Thursday, 03.09.2009.

15:27

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Ombudsman Sasa Jankovic will decide in the next fortnight on whether to ask the Constitutional Court to rule on the constitutionality of the new media law. The expert team that will help him decide whether to take the matter to the Constitutional Court, which was formed at the ombudsman’s initiative, includes Professor Marijana Pajvancic from the Law Faculty, Dr. Vladimir Vodinelic, Rada Veljanovski from the Faculty of Political Sciences and lawyer Slobodan Kremenjak. Ombudsman to consider constitutionality of media law Jankovic told B92 that he was responsible for upholding citizens’ rights, including the right to objective and authentic information. “This law, which has recently caused a real stir in the Serbian media, will now come under the magnifying glass of the most eminent experts in our country, and they will tell me, as a state institution, whether the law contains anything that could infringe citizens’ freedoms, the right to information or media freedoms,“ he explained. “Why are we doing this now? Because the moment that law begins to be applied, if the sanctions foreseen by that law prove draconian, then those sanctions would have to be applied by a court, because courts are bound by law, and the ombudsman cannot control the work of courts. Therefore, this is the only chance the ombudsman has to evaluate and react if he believes it’s necessary,“ Jankovic added. None of the members of the expert team contacted by B92 wished to comment until the analysis of the law was complete. The media law, adopted three days ago with the help of votes from the opposition Liberal Democrats, will officially enter force on Tuesday. It foresees large fines and even confiscation of advertising revenue for media companies breaking the law. Sasa Jankovic (FoNet, archive)

Ombudsman to consider constitutionality of media law

Janković told B92 that he was responsible for upholding citizens’ rights, including the right to objective and authentic information.

“This law, which has recently caused a real stir in the Serbian media, will now come under the magnifying glass of the most eminent experts in our country, and they will tell me, as a state institution, whether the law contains anything that could infringe citizens’ freedoms, the right to information or media freedoms,“ he explained.

“Why are we doing this now? Because the moment that law begins to be applied, if the sanctions foreseen by that law prove draconian, then those sanctions would have to be applied by a court, because courts are bound by law, and the ombudsman cannot control the work of courts. Therefore, this is the only chance the ombudsman has to evaluate and react if he believes it’s necessary,“ Janković added.

None of the members of the expert team contacted by B92 wished to comment until the analysis of the law was complete.

The media law, adopted three days ago with the help of votes from the opposition Liberal Democrats, will officially enter force on Tuesday. It foresees large fines and even confiscation of advertising revenue for media companies breaking the law.

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