By Journalists have the right to refuse to sign any media content that contradicts the Law and the Ethical Code, and they cannot be penalized by termination of employment or any reduction in salary for doing so. Furthermore, they may seek compensation if their reputation is harmed by such content.
These are just some of the new provisions introduced by the recently adopted Media Law, to which the Trade Union of Media of Montenegro contributed during its creation.
For the first time, freelancers are included in the definition of journalists, fines have been introduced for media owners who are not registered, and budget allocations for projects in the field of information have been increased.
Below, we highlight the key aspects this legal solution has brought to the media community in Montenegro.
Who Are the Journalists?
The Law, adopted in June this year, clearly defines a journalist as someone who collects, processes, sorts, edits, or engages in other types of interventions on information published in the media.
A significant change is that to be recognized as a journalist, one can work as an employee, as a contracted worker, or as someone who performs this activity as a freelance profession.
What happens if media content contradicts the Law?
If media content is contrary to the Law and the Code, a journalist or an author who is not a journalist has the right to refuse to prepare, write, or participate in shaping it, with a written explanation to the Editor-in-chief.
The new Law also specifies that a journalist’s employment cannot be terminated, nor can their salary or compensation be reduced, or their position negatively impacted in any other way.
If, during the editorial process, the meaning of the media content is changed, it cannot be published under the journalist’s or author’s name without their consent.
For such media content, which is published without the journalist’s or author’s consent, only the editor-in-chief is held responsible. On the other hand, the journalist or author may seek compensation if the media content has harmed their reputation.
Protection of Journalistic Sources
The Law states that a journalist is not obliged to reveal their source of information, except when ordered by a court, and only for the protection of national security, territorial integrity, or public health.
The court will take particular care to determine whether the information is directly related to the specific case and whether it can be obtained from other sources.
Additionally, the court will consider whether the legitimate interest in disclosing the source of information outweighs the protection of the source’s identity.
Journalists’ Participation in the Appointment and Dismissal of the Editor-in-Chief
The law emphasizes that an employee in the media cannot have their employment terminated, salary reduced, position in the newsroom altered, or responsibility assigned due to opinions or views expressed by professional standards and program rules.
For the first time, the law regulates the participation of journalists in the process of appointing and dismissing the Editor-in-chief, as well as the editor-in-chief’s position
in the event of a change in the ownership or management structure of the media that significantly alters the program basis or content of that media.
These procedures are further regulated by the media founder’s statute, which can only be amended after consultation with the media’s journalists.
Media Registration and Budget Allocations for Their Funding
A particularly significant aspect is the obligation for all media to be registered in a publicly accessible registry, which will be available on the Ministry’s website and updated promptly.
The registry is publicly accessible and regularly updated on the Ministry’s website, and it includes an overview of the data from Article 12 of this law, along with all changes.
If this obligation is not fulfilled, the media founder will be fined between 500 and 5,000 euros.
The law has also increased the budget allocations from Montenegro’s budget for the Fund for Encouraging Pluralism and Diversity of Media, which finances projects in the field of information.
For this purpose, at least 0.20 per cent of Montenegro’s current budget is allocated.
The recently adopted Media Law, therefore, introduces numerous innovations that significantly improve the position of journalists and the transparency of the media sector in Montenegro.
Media workers are additionally protected, the status of journalists is clearly defined, and the foundations for more responsible and professional media reporting are enhanced.
Ultimately, with clearly defined rights and obligations, as well as mechanisms for protecting the integrity and freedom of journalists, the foundations for pluralism and transparency in public information are established.
The law came into effect with its publication in the Official Gazette of Montenegro on June 11th, and media outlets have six months to begin its implementation.
The Trade Union of Media of Montenegro has previously urged Montenegrin media to recognize the importance of these new rules and to start implementing them as soon as possible to raise their quality to the highest possible level.
