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The Ministry of Justice has accepted three out of four proposed amendments to the Criminal Code submitted during the public consultation process by the Trade Union of Media of Montenegro (TUMM), with legal assistance from attorney Mirko Bošković.
Amendments to the Criminal Code that provide additional protection to media workers came into effect in January 2022. At the initiative of SMCG, that reform introduced qualified forms of criminal offenses—such as threats to safety, aggravated murder, grievous bodily harm, and coercion—when committed against individuals performing public information duties, and because of their work.
SMCG has since monitored the application of the law and, based on its findings, concluded that criminal-law protection needs further strengthening. In February 2025, the union proposed new amendments aimed at enhancing protections for journalists and others working in the public interest.
Harsher Penalties for Minor Bodily Harm Against Journalists
Since minor bodily harm currently carries relatively lenient penalties, SMCG proposed introducing a qualified form of this offense—when the victim is a journalist or someone engaged in work of public importance.
In such cases, the penalties would be stricter—for example, one to three years in prison for the basic offense, and six months to five years when a weapon or similar means is used.
Expanding the Definition of “Threats to Safety”
As threats to safety are among the most common forms of violence faced by media professionals, SMCG believes the scope of this offense should be expanded.
Under the current law, threats must be directed at the life or bodily integrity of the victim or their close relatives. However, in practice, journalists are often threatened with damage to property, abduction, or other serious harm.
Therefore, SMCG proposed that the definition of this offense be broadened to include threats of “other serious harm,” which would give courts greater flexibility in addressing a wider range of threats in practice.
Clearer Penalties for Coercion Against Journalists
Currently, the law prescribes a penalty of three months to three years in prison for basic coercion, and six months to five years when the coercion involves brutal threats or threats of murder.
Additionally, the Criminal Code states that if coercion is committed against a person performing work of public significance—such as a journalist—the sentence is also six months to five years.
However, SMCG’s legal team raised concerns that the law does not clarify whether this applies only to the basic form of coercion or also to its aggravated forms involving brutality or serious threats.
This lack of clarity could create a paradox where an offense involving two aggravating circumstances—such as brutality and targeting a journalist—results in the same penalty as one with only a single aggravating factor.
To address this, SMCG proposed clarifying the law to distinguish between penalties for the basic offense (six months to five years) and the already aggravated form (one to eight years).
Additionally, the union suggested harsher sentences when the consequences are severe—up to 10 years in cases involving serious injury, and up to 12 years if the offense results in death.
Introduce a Qualified Form of the Offense of Stalking
Finally, SMCG proposed introducing a qualified form of the crime of stalking—when the victim is a journalist. The union emphasized the importance of this measure, noting that regional studies show female journalists are frequently targets of stalking.
Unfortunately, this proposal was not adopted, as the Ministry of Justice believed it was already covered under existing legal provisions. Nevertheless, SMCG maintains that specific and explicit protections are needed due to the unique position of media workers.
