By Journalists have the right to refuse to sign media content that is contrary to the law and the Ethical Code, and they cannot be penalized with dismissal or reduced pay because of it. Moreover, they may seek compensation if the content damages their reputation.
These are just some of the innovations introduced by the recently adopted Media Law, which was co-developed with the contribution of the Trade Union of Media of Montenegro (TUMM).
For the first time, the definition of a journalist includes freelancers. Financial penalties are now in place for unregistered media owners, and budget allocations for media-related projects have been increased.
Below, we highlight the key aspects this legal solution brings to Montenegro’s media community.
Who Qualifies as a Journalist?
Under the Law adopted in June this year, a journalist is clearly defined as a person who collects, processes, classifies, edits, or otherwise intervenes in information published in the media.
A significant change is that a person can be recognized as a journalist whether they are employed or engaged in another way, including those who work independently as freelancers.
What if Media Content Violates the Law?
If media content violates the law or the Ethical Code, the journalist or author (even if not a journalist) has the right to refuse to prepare, write, or participate in shaping the content, with a written explanation to the editor-in-chief.
The new law explicitly states that a journalist cannot be dismissed, have their salary or compensation reduced, or be otherwise placed in a disadvantageous position for such a refusal.
If the content is altered during editorial processing in a way that changes its meaning, it must not be published under the journalist’s or author’s name without their consent.
In such cases, the editor-in-chief bears full responsibility for the published content. On the other hand, the journalist or author may claim damages if the content harms their reputation.
Protection of Journalistic Sources
The Law stipulates that journalists are not obliged to reveal their sources, except when ordered by a court for reasons of national security, territorial integrity, or public health.
The court must carefully assess whether the information is directly relevant to a specific case and whether it can be obtained through other means.
Additionally, the court must consider whether a legitimate, legally grounded public interest in disclosing the source outweighs the protection of the source’s identity.
The Law also states that journalists cannot be denied accreditation for any event organized by public sector entities or other events involving media participation.
Journalists’ Role in Appointing Editors-in-Chief
The Law protects media employees from dismissal, salary reduction, changes in status within the newsroom, or disciplinary action for expressing opinions in line with professional standards and editorial policies.
For the first time, the Law regulates journalists’ participation in the process of appointing and dismissing editors-in-chief. It also addresses the position of editors-in-chief in cases where changes in media ownership or management significantly alter the editorial concept or content.
These procedures must be further defined in the media outlet’s statute, which can only be amended after consultation with journalists.
Media Register and Budget Allocations
Another important provision is the requirement for all media outlets to be registered in a public database maintained and regularly updated on the website of the competent Ministry.
The register includes the information required under Article 12 of this Law and reflects all subsequent changes.
Failure to register results in fines ranging from €500 to €5,000 for the media founder.
The Law also increases budget allocations from the state of Montenegro for the Fund for the Promotion of Media Pluralism and Diversity, which supports media-related projects.
At least 0.20% of Montenegro’s current budget is allocated annually for this purpose.
A Step Forward for Media Transparency and Journalist Rights
The newly adopted Media Law brings numerous reforms that significantly improve journalists’ working conditions and media sector transparency in Montenegro.
Media professionals are now better protected, the definition of a journalist is clearly outlined, and the foundations for more responsible and professional reporting have been strengthened.
Ultimately, with better-defined rights and obligations and mechanisms for safeguarding journalistic integrity and freedom, the Law lays the groundwork for a more pluralistic and transparent media environment.
The Law entered into force upon publication in the Official Gazette of Montenegro on June 11. Media outlets have six months to begin implementation.
TUMM has previously called on Montenegrin media outlets to recognize the importance of the new rules and start applying them as soon as possible—both to improve their own standards and contribute to the broader public interest.
