Journalists working in Serbia & Montenegro continue to have their right to free expression violated. Following a United Nations Human Rights Committee ruling on 23 January, ARTICLE 19 has called for the removal of defamation from the criminal law books. The Committee ruled that use of criminal law in the case of Bodrozic versus Serbia & Montenegro supressed criticism of public officials and violated the journalist’s right to freedom of expression. The Committee was particularly critical of the use of the criminal ‘insult’ provisions. 

by Natasha Schmidt from an ARTICLE 19 report

The journalist (pictured right) for the weekly Kikindske novine was sentenced on charges of defamation against a former official of the Socialist Party, Dmitar Segrt. The article, entitled ‘Born for reform’, was published in May 2002. The District Court dismissed Bodrožiæ’s appeal. The paper, which has a circulation of 1,500, was also fined in April 2005 under the Public Information Law following charges brought by Rajko Popovic, a Socialist Party official.

Although prison sentences can no longer be imposed in most defamation and insult cases, a change to the Serbian Criminal Code announced on 29 September 2005, the fact that defamation remains in the Serbian Criminal Code is still a cause of concern for advocates for free expression.

This is the second time the UN Human Rights Committee has expressed serious concern about Serbia and Montenegro’s defamation laws. In its Concluding Observations on the Implementation of the International Covenant on Civil and Political Rights issued on 12 August 2004, the Committee expressed dismay at “the high number of proceedings initiated against journalists for media-related offences, in particular as a result of complaints filed by political personalities who feel that they have been subject to defamation”.

ARTICLE 19 appealed to President Svetozar Marovic on 22 February 2006, urging individuals and organizations working in human rights to follow suit and present Marovic with letters of protest.

Address letters to:
 
President Svetozar Marovic
Palata Federacije
Bulevar Mihaila Pupina 2
11070 Novi Beograd
Serbia and Montenegro

Fax: +381 11 301-50-55