Serbian Talebans

Aleksandar Vucic, Serbian Minister of Information, still has a bit to learn.  For instance, the Afghani Talebans thought up the idea of completely disallowing the watching of TV’s and videos, of banning satellite antennas, and even of staging public executions of TV sets — which did not even occur to Vucic.  However, he’s still young, there’s still lots of time ahead of him, and for his age an “Decree on Special Measures Under Conditions of Armed Threats of Attack by the NATO Pact on Our Country” is no small accomplishment.

With that act, issued on October 8, it is decreed that “public broadcast media are required to act in accordance with the rights and obligations of citizens, to uphold the territorial integrity, sovereignty and independence of the Republic of Serbia and the Federal Republic of Yugoslavia” (Article 7), that they cannot “carry or transmit parts of programs, that is to say programs and texts of foreign public broadcast media which act against the interests of our country, spread fear, panic and defeatism, or which have a negative effect on the readiness of citizens for defending the integrity of the Republic of Serbia and the Federal Republic of Yugoslavia” (Article 8).  Also, “the media themselves are not allowed in their programs to spread defeatism and to act contrary to the decrees adopted by Federal Parliament and the National Parliament of the Republic of Serbia which declare all-national unity on vital national interests” (Article 8), with a call being made for the denunciation of other media, because all public broadcast media are obligated “to stand up against such activity on the part of other public broadcast media through their programing.”

If a media broadcaster does not behave “in accordance with obligations” stipulated in Article 7, the Ministry of Information will notify that broadcaster of his obligations, and in the event that “despite notification the broadcaster continues to not fulfil obligations”, he will be temporarily suspended from operation and his facilities will be appropriated.  However, in the event of behavior contrary to Article 8, temporary suspension and appropriation of facilities will follow without any warning.  Financial fines are also stipulated for founders, publishers and editors in chief of media companies.  The government Decree will be active “until the Government nullifies it.”

Thus, for now on domestic TV stations it will no longer be possible to view BBC, Deutche Welle, Radio Free Europe. Studio B continued to air the Voice of America, even though the prohibition also included that institution. The last time the British BBC was prohibited in this country was during the Second World War — except that the prohibition at that time was signed by the Fascist occupiers.  Even then the residents of Belgrade tuned in secretly in order to hear the famous “London Calling” and to get reliable news from the battlefields.  They turned down their radios low, and someone always stood watch for the undesirables not to show up.  Admittedly, for now the prohibition only refers to domestic media’s transmitting of BBC and others, and not to listening per se, but the way things have begun, we can soon expect that also.

Several things have been achieved with the Decree which has been signed by the Vice-President of the Government of Serbia, Vojislav Seselj. To begin with, the Yugoslav Constitution and the Constitution of Serbia have been breached, along with federal and republican laws as well as 1976 International General Principles on Civil and Political Rights, which Yugoslavia ratified in an orderly fashion, hence representing its international obligation.

In order for the media restrictions to be legalized, Federal Government had to officially proclaim either a state of direct threat of war, a state of war or of martial law, so that it would be possible to adopt a corresponding law (a by-law being insufficient for the purpose), because a law is the only way in which it is possible to limit the rights of institutions which are guaranteed by the constitution, the right to free dissemination of information being such a right (“Freedom of the press and other forms of public broadcasting are guaranteed,” Article 36, FRY Constitution).

As “preventive prohibition against release of information”, censorship would be legal according to the International General Principles on Civil and Political Rights, assuming that the following three conditions are met: “that the survival of the nation is under threat from exceptional public danger,” that the danger “has been publicly proclaimed,” and that rights are limited “only within the limit which is required by the situation.”  Once those conditions are met, Yugoslavia would have to inform the General Secretary and other members of the United Nations, explains professor Vladimir Vodinelic for VREME, expert for civil law, who also adds that the specific problem of this Decree concerns precisely disregard for this principle of proportionality — that limitations can not be stipulated which exceed those called forth by the situation.  Thus, the Decree would have to have had a time limit, and would have to be more specific.  As it stands, it is made up of a pile of value judgements and indefinite notions, which threw the door wide open for the Minister of Information, which only has to decide what falls under the notion of “defeatism” or “spreading fear and panic.”

Leader of the Radical PartyVojislav Seselj himself, without any shame stated on October 8 that the Ministry of Information will be authorized to “assess the contents of programs of foreign public media broadcasters” who are carried in domestic media, and that on the basis of that it will undertake steps if it assesses that that information threatens the “defense capabilities of the country.”

Vucic, Seselj’s top student, stated on October 10 in the program “Gravitation” on BK Television that the Serbian Government Decree will be discontinued the moment that “threats of military intervention stop once and for all.”  His Ministry is probably also authorized to assess the notion of “once and for all”, which did not exist even as part of the authorizations of the Ministry of Truth in Orwell’s famous book 1984.

To the questions posed by BK reporters on what is the meaning of  spreading fear and disinformation, Vucic gave an imprecise explanation that goes against existing laws: “it is clear to everyone what is the meaning of causing fear, of lobbying for desertion and the appearance of defeatism,” adding all at once calls on desertion into the whole story.
However, Vojin Dimitrijevic, expert in international law, assessed on October 9, in a statement made for the independent press agency Beta, that the Serbian Government Decree is “primitive” and pointed out that it is counter to the constitutions of Serbia and FRY.  “Such orders only existed in Nazi Germany and the Independent State of Croatia,” stated Dimitrijevic, adding that the Government Decree “pretends to be a legal regulation, but is far from being that” because it insults the principle of legality according to which every infraction must be precisely defined before punishment of a perpetrator begins.  “It seems that only the Government will decide on the conditions for punishment.  Up to now it was thought that only courts dealt punishments,” stated Dimitrijevic, adding that “the very wording of the Decree inspires fear.”

Vojislav Kostunica, President of the Democratic Party of Serbia, who by profession is a lawyer, explained that the Decree is unconstitutional because there is no basis for acting under special conditions, more precisely in the event of direct threat of war.  “Federal Parliament is the only one authorized to declare a state of direct threat of war, however, the Yugoslav Parliament unconstitutionally allowed Federal Parliament to declare that state.  Also, Federal Parliament up to today never declared a state of direct threat of war, so that no government office on the territory of FRY has the right to adopt any such act, or to undertake any such action without such legal basis.”

We cite the legal aspect of the story because in this country the legal system has not been officially discontinued, even though it is clear that the respect for the law was not the objective in adopting this Decree.  The objective is bullying the media so that the authorities in Serbia could continue to manipulate public opinion without any interference.
It is sufficient to look at the method in which the Decree was imposed upon our reality and to quote the unparalleled expert in the field of bullying, Ph.D. Seselj.  Prior to the Decree being adopted, on October 5 it was announced at the session of Federal Parliament (the highest legislative body in the country, which decided to say a few words on the subject of Kosovo after more than half a year of armed conflicts in that region).  On that occasion, observing that the country was under direct threat of war, Seselj threatened that “there will be no mercy for collaborators.”  He specified that “all who help the propaganda of western powers will be persecuted.”  Outside the context of this theme, but quite within the issue of terrifying the population, the following was announced: “We know everything and will behave according to that which we know.”  He explained that “internal subversion must not be ignored.”  Along the way he accused Milo Djukanovic and a “part of the state cabined in Montenegro” of “being recruited by western powers”, and called on the Federal Government to discontinue all diplomatic relations with “countries aggressors” in the event of military intervention on the territory of FRY, just so that no bridges are left unburned for the West.  “Our homeland is in great danger,” stated dramatically the leader of the Radicals.

Despite all that, at a press conference, Seselj explained that in fact he does not threaten anyone: “The Government is not threatening anyone and has no intention of stifling the freedoms of the media,” because they, as he admitted himself, are “guaranteed”.  “We only wish to prevent domestic media from transmitting foreign spy programming,” stated Seselj.  The leader of the Radicals — not threatening anyone, of course — also stated that Yugoslav citizens who work for foreign news agencies will be treated as “spies”.
After Seselj thus, as only he knows how, set up the program for persecuting the media, the matter was further developed by Milovan Bojic, also Vice-President of the Government of Serbia, and by Aleksandar Vucic.

On October 5, the Minister of Information sent a fax to editorial offices of broadcast media in it is stated, also without any threats, that “the Ministry of Information of the Republic of Serbia has learned of a certain number of local radio and television stations which transmit programs in the Serbian language which are produced by services for propaganda and psychological war of the Western powers which are conducting emphatically antagonistic and aggressive politics against the Republic of Serbia and the Federal Republic of Yugoslavia.  Participation in the redistribution of their programs represents a direct attack on the constitutional and legal systems of our country, as well as conscious acceptance of spy activities against one’s people.  We warn all owners of local media that the authorized government office will not tolerate in the future any such form of subversive activity and undermining of the defense capabilities of the country.  Violators of legal norms will be punished accordingly.”  It is not stated whether by stoning, lynching, the fire squad, or hanging — but that might be indicated in some future order.

Then, on October 7, Bojic and Vucic called all the editors in chief to come to their Government offices and asked them to “behave” in accordance with the attitude adopted by the two parliaments that the country is under direct threat of war.  They specified that — still continuing not to threaten anyone — this is “not an appeal but an order.”
The two high officials in the Government of Serbia, immediately after finishing their statements, announced that they “must go” because obligations that cannot be postponed are waiting for them, refusing to answer questions posed by the editors in chief.  Bojic stated that “he has no time for pluralist platforms”, shouted to those present “censorship — never” (?!), with the obligatory remarks that “the interest of the state is topmost” and that “defense of the country is sacred.”

The next day the Decree was released.  The media reacted as best they could.  The Association of Independent Electronic Media (ANEM) immediately demanded from the Minister of Information to answer on the basis of which law is the transmission of foreign programs prohibited, and on the basis of what did he conclude that those programs represent an attack on the constitutional and legal systems of the country.  Vucic was also asked how did it come to pass that he only now observed that a certain number of radio and TV stations are re-transmitting foreign programs, and on the basis of what does he conclude that the re-transmission of those programs is an “act of espionage”.  At first the Association told its members to continue to transmit their programs as they have up to now and in accordance with existing laws, with decisions by authorized government offices and professional codes.

However, after the release of this Decree, ANEM told its members to discontinue transmitting programs by foreign media in the Serbian language withing the next 48 hours, all because of a list of threats by physical violence, revenge and lynching, which came about primarily through the Government’s efforts.  “Stopping the re-transmission of those programs is a specific kind of protest against the absence of authentic upholding of the principle of free speech, free media and reporting on the part of governments of states who pride themselves most on respecting theses freedoms and whose programs are the objects of this repression,” stated ANEM. It was stated that this Association will form a special service which will held its members with advice and in cases where government and para-government officials begin applying the illegally adopted sanctions.  “The Government Decree not only prohibits re-transmission of programs or parts of programs from foreign stations which act, as the Government puts it, against the interest of our country, but also introduces restrictions against domestic broadcast media which, according to Government assessments, act against the state.” The Association asked the Ministry of Information to “immediately explain, that is to say to specify public broadcasters what exactly is considered ‘broadcasting against the state’, so that state self-will can be avoided as much as possible.”

The Independent Association of Journalists of Serbia (NUNS) also sharply protested the warning issued by the Serbian Ministry of Information to local electronic media which transmit programs by western broadcasters.  That association of journalists assessed that the Ministry for Information has “blatantly overstepped its authority by taking on the role of the public prosecutor”, and pointed to the fact that, according to the law, the spreading of information by the broadcast media can only be stopped by a decision from the appropriate court.

There were many personal reactions.  “Nothing else could have been expected from this kind of Government, other than further isolation toward the world and the stifling of everything which is free and emancipating,” stated Brank Vuckovic, Deputy Editor in Chief of Radio Kragujevac.  Instead of re-transmitting programs from the Voice of America and Deutche Welle, Radio Kragujevac is transmitting more frequently news issued by the Beta Press Agency and is calling upon listeners to stand up against the media middle ages which threaten to settle over Serbia.

The Director of Studio B Radio and Television, Dragan Kojadinovic, stated that the announced Serbian Government Decree on forbidding re-transmission of programs from foreign radio-television stations are “counterproductive”, but that Studio B will respect them.  The editor in chief of the “Blic” daily, Veselin Simonovic, stated today that his newspaper will respect the Decree, and that it will continue with it long-standing editorial policy. “The Decree is unclear and confusing. The problem is that anything and everything can be included under that order, even something which has nothing to do with NATO, or with intervention,” stated Simonovic, adding that “the Government does not need to remind me of patriotism, because I am a bigger patriot than the Premier and all the ministers put together.”

Slavko Curuvija, owner and editor in chief of the “Dnevni telegraf” daily, stated that he will “annul” the Government’s Decree: “Until we annul it, and we will do that, I will try to respect it as long as it does not violate my personal and professional dignity and that of my newspaper.”  The editor in chief of “Danas” daily, Grujica Spasovic, assessed that his newspaper is “always ready for patriotic work and to work in the interest of the state,” but he pointed out that “the interests of the state and of the regime should be differentiated.”

Political parties also said their bit.  Socialist Party of Serbia (SPS) Spokesman Ivica Dacic supported the persecution of the media because “those who today do not wish to work in the interests of their own people and state and national and state patriots are putting themselves in the service of other states which do not wish well to Serbia and FRY.” The Municipal Council of Yugoslav Left JUL in Pristina was also very satisfied and saluted the “decisiveness of the Government of Serbia in finally regulating the situation in the broadcast media space in the republic” in order that “media chaos can be regulated, which according to orders from foreign henchmen are being produced by our independent journals.”

The opposition unanimously stood up against the Decree.  Vuk Obradovic, President of the Social Democracy assessed the Decree as an act of censorship; a member of the Presidency of the Serbian Renewal Movement (SPO) and Federal MP, Tomislav Jeremic, characterized it as “anti-civilizational and profoundly detrimental.”  “That decree is detrimental to the diplomatic status of the country also.  Friendly relations should be cultivated toward foreigners, despite everything that is happening to us,” stated Jeremic, while the Mayor of Kraljevo and high official in the Serbian Renewal Movement, Radoslav Jovic, called on journalists of the Kraljevo press agency “Ibarske novine” not to “succumb to any pressures,” adding that the Constitution of FRY guarantees the right to truthful reporting.

Vice-President of the Democratic Party, Miodrag Perisic, stated that the Government Decree is reminiscent of the worst period of Nikolae Causcescu’s rule and is far more serious than censorship during war time or Titoism, while according to the Civic Alliance of Serbia (GSS), the Decree has “circumvented the Constitution and all laws, as well as guaranteed civil rights.”  The sharpest protest came from New Democracy “against instigating censorship, manufacture of domestic traitors and enemies from within, because the Serbia people themselves clearly distinguish between sincere patriotism and Seselj’s demagogy.”

And than on October 13, the President of FRY, Slobodan Milosevic, announced that an agreement has been reached which removes threats to our country.  American Special Envoy Richard Holbrooke also confirmed that.  If we take that the two of them can be believed, what will happen with this Decree?  Is the President’s word sufficient for Aleksandar Vucic, or will he need something more to conclude that NATO threats have been removed “once and for all,” and that the Serbian Government can annul this Decree?  We will see, even though it would be a very pleasant surprise if the Government of this country were to annul an anti-democratic and anti-civilizational measure, once having adopted it.  It should be remembered that Ph.D. Mira Markovic, the President’s wife and JUL front-woman, proclaimed the independent media as a meeting ground for traitors and spies, long before NATO began making its bomb threats, and that there is no reason that she should change her mind just because the country is no longer under direct threat of war.  Along with that, the West has demonstrated readiness to tolerate Milosevic’s stifling of the media and of democracy in general, under the condition that he cooperates in other areas.  There is no reason to believe that things will be much different this time around.