Veran Matić – We must protect innocence from abuse of power 

Author: Veran Matić

Without going into the credibility of this claim, I am sure that it is a question of “creative” but dangerous thinking, looking for an alibi in Brussels for the umpteenth time (just as the alibi for the affair of the sound cannon was sought in Russia). 

It is completely clear that the ministry and our government often manipulate with Brussels, so this time they are running late, and now they would like to squeeze time, and worst of all, to introduce changes to the law with potentially dangerous consequences. If not, let the Delegation of the European Commission in Belgrade refute this claim. 

Another piece of nonsense, illegal and intimidating, was announced at the same meeting – that there will be no public debate on the proposed changes. 

The third decision is to give an ultimatum to the participants to declare the proposed changes within 48 hours (as if it were a reality show 48 Hours Wedding or some similar format, in which representatives of our institutions, obviously, live). 

ANEM, UNS and NUNS have already published their views on a kind of violent act by which the associations should approve of the changes made by the administration of the ministry, feigning inclusiveness and democracy. 

I will dwell on one change that will leave incalculable damage, if it is implemented: by changing the text of Articles 84 and 85 of the Law on Public Information and Media, they protect the presumption of innocence, which is otherwise protected by the Constitution (Criminal Procedure Law, but also the Code of Journalists of Serbia), but also these articles of the law, for which there is no reason, no argument to be changed, especially in a format that is senseless, aside from being dangerous – as defined by the ministry: 

In the current Law on Public Information and Media, this article reads: 

Article 84 

In order to protect human dignity, as well as the independence, reputation and impartiality of the court or other competent body, no one may be labeled by the media as the perpetrator of a criminal act, that is, guilty or responsible before the court’s decision becomes final. 

Publication of information related to criminal proceedings

Article 85

Information from an ongoing criminal proceeding may be published if it was presented at the main trial or if it was obtained or could be obtained from a public authority, based on the law regulating access to information of public importance. 

… 

In the new version of Article 84, additional “guarantees and securities” are inserted for the defendants, the clause “Opinions and information may be communicated or published only in a way that does not call into question the presumption of innocence…” 

Current law adequately protects the presumption of innocence. Additional refinements are directed, obviously, towards investigative journalism and professional journalism in general. 

Article 85 in the new version is not only redundant, but also meaningless and harmful to the media, because it introduces a reinforced obligation to be careful about the presumption of innocence (which is certainly being taken care of). 

If journalists and the media can only publish information presented to them by competent institutions, the police, courts, prosecutors’ offices, and if they do not have the right to research, which are the control mechanisms of institutions, which do not violate the presumption of innocence, then the entire field of “justice” will be obscured. 

This addendum seems to have been written solely to make it even more difficult for investigative journalism media to perform their job. 

“This is a law against investigative media. It seems to have been written to stop the reporting on the messages from the Sky app and other similar affairs,” commented journalists who had insight into this provision. 

On the one hand, overwhelmed with SLAPP lawsuits, most often by controversial businessmen close to the authorities, members of organized crime, representatives of institutions who have abused their position or are responsible for serious consequences against people and property… the investigative media are trapped in long court processes that take time, energy and resources. 

Space is now being opened for restrictions on the publication of data, without which we would never learn important information and data about political abuses, organized crime, crimes… 

Innocence Unprotected, the first Yugoslav sound film made in 1942, was banned by the German occupation authorities, but also by the communist authorities, after the war. It was released only in 1968, in the film of the same name, directed by Dušan Makavejev.

Now it seems that the ministry is writing a script for a movie in which potential innocence will be protected with excessive means and mechanisms, which leave a lot of room for abuse, that is, for giving institutions unlimited opportunities to obliterate journalism as a profession, especially its bravest and most professional section – investigative journalism. 

As a profession, just as we must guarantee respect for the presumption of innocence, we must enable journalists to do their work professionally in the public interest, without new, oppressive restrictions. We must protect innocence from abuse of power.