NGO: Institutions to Stop Restricting Freedom of Expression and Media Freedom

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At the protest held in Belgrade on March 15th under the name “15 for 15”, an incident occurred during the tribute to the deceased in the collapse of the canopy at the Novi Sad Railway Station, in which citizens were exposed to certain, as reported in the media, sound waves that endangered the health of the gathered citizens. Information appeared in the media that it was a “sonic cannon blast”, while representatives of the authorities and security structures denied such information.

 

Following media reports that a large number of citizens had reported to the Emergency Center with health problems that could be the result of the use of a “sonic cannon”, the University Clinical Center of Serbia (UCCS) announced and denied information that dozens of citizens with such problems had been treated at that health facility. They stated that all the citizens who were examined in the Emergency Center were fully diagnosed in accordance with the medical doctrine and that none of them had any such complaints. They also stated that they are asking the competent authorities to urgently conduct an investigation against those who cause panic by spreading false news, so that no shadow of doubt falls on all the medical workers of the UCCS Emergency Center who are dedicated to their work every day.

 

After that, on March 16, the Higher Public Prosecutor’s Office in Belgrade ordered the First Basic Public Prosecutor’s Office to open a case and order the identification of the person who, as stated in the statement, spread such “false information” in the public, due to the existence of grounds for suspicion that the crime of causing panic and disorder under Article 343 of the Criminal Code was committed in this way.

 

This kind of action by the public prosecutor’s office could have far-reaching consequences for media freedom and freedom of expression in general. The incident that took place justifiably caused the citizens’ anxiety and represents an event for which the public has the right to be fully informed about all relevant information and findings related to it, and the flow and availability of information about it must not be compromised. Considering the seriousness of the incident and the anxiety of the citizens, the public prosecutor’s office first had the obligation to determine all the circumstances and protect the interests of its citizens. However, the First Basic Public Prosecutor’s Office did not act in that way.

 

The First Basic Public Prosecutor’s Office only informed the public on March 18 that it had opened a case in connection with this event and that, based on the reports of the institutions from which they requested information, the prosecution determined that none of the organizational units and members engaged in the security of the protest heard, saw and used the so-called “sonic cannon”, and informed that it will continue to work “on determining the reasons for provoking the behavior of citizens on a critical occasion”.

 

Forming a case due to the spread of panic before presenting official information about the event itself can have a negative effect on informing the public and represents a direct pressure and threat to freedom of expression and opinion, which is guaranteed by domestic laws and the Constitution, as well as international documents. Such a decision by the prosecution threatens the free flow of information through the media, and puts direct pressure on the citizens who were on the streets of Belgrade at that moment. In addition to citizens who want to publicly talk about the incident, other people who talked about this topic and possible causes in the media were also affected. Also, this attitude of the public prosecutor’s offices can threaten the freedom of the media and lead to censorship, which is prohibited by law and the Constitution, but also to self-censorship by the journalists themselves, who may give up dealing with this topic due to fear of criminal prosecution.

 

Freedom of expression and opinion is one of the basic human rights and assets of a democratic society and is guaranteed by the most important international documents. The European Convention on Human Rights and Fundamental Freedoms guarantees freedom of expression, as well as having one’s own opinion, receiving and communicating information and ideas without the interference of public authorities and regardless of borders. The Universal Declaration of Human Rights also stipulates that everyone has the right to freedom of opinion and expression, which includes the right not to be harassed for their opinion, as well as the right to seek, receive and disseminate information and ideas by any means and regardless of borders. The application of conventions, as well as the jurisdiction of the European Court of Human Rights, is guaranteed by the Constitution of the Republic of Serbia, which prescribes the immediate application of generally accepted rules of international law and confirmed international treaties.

 

The undersigned organizations call on domestic institutions to take into account the above rights, which are guaranteed by national and international instruments, when taking action within their jurisdiction, and to consider how their actions may affect freedom of expression and freedom of the media. It is also important that when establishing all the circumstances of the events of March 15, the institutions take a transparent approach and inform citizens about their actions, as this is an event of exceptional public interest. The Public Prosecutor’s Office is an independent body and must remain independent in the performance of its duties. No one can influence the Public Prosecutor’s Office and the holder of the public prosecutor’s office in the conduct and decision-making in a particular case.

 

The Coalition for Media Freedom, Association of Independent Electronic Media (AIEM), Youth Initiative for Human Rights (YIHR) and Civic Initiatives 

Belgrade, March 19, 2025

 

The Coalition for Media Freedom: the Association of Media, the Association of Online Media (AOM), the Independent Journalists’ Association of Vojvodina (NDNV), the Independent Journalists’ Association of Serbia (NUNS), the Business Association of Local and Independent Media “Local Press”, the Slavko Curuvija Foundation and Branch Trade Union of Culture, Arts and Media ‘Nezavisnost’

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