The draft amendments to the Law on Public Order and Peace, prepared by the office of the Ombudsman Zoran Pašalić, foresees that offenses in this area can be committed on social networks in the future. Indecent behavior, insults, threats, and even solicitation or prostitution would be punishable in the digital space as well.
Ombudsman’s Office Zoran Pašalić drafted the Amendments and Supplements to the Law on Public Order and Peace, which foresees that offenses in that area include those committed not only in a public place, but also on social networks.
In the future, according to the Draft that FoNet had access to, apart from in a public place, the punishment would also come if public order and peace are violated by indecent and insolent behavior or the morals of citizens are insulted in a public place or on a social network.
This will be punished with a fine of 10.000 to 150.000 dinars or with work in the public interest from 80 to 360 hours. Whoever commits this offense in a group of three or more persons will be punished with community service from 240 to 360 hours or imprisonment from 30 to 60 days.
Social networks as the “new public place”
According to the draft, insults or threats on social networks will be punished with a fine of 20.000 to 100.000 dinars or a prison sentence of 10 to 30 days.
Whoever engages in fortune-telling, fortune-telling, dream interpretation or similar deception in a way that disturbs citizens or disrupts public order and peace not only in a public place, but also on a social network will be fined from 10.000 to 50.000 dinars or work in the public interest from 40 to 120 hours.
The draft stipulates that anyone who engages in prostitution, uses prostitution services or provides premises for prostitution in a public place or on a social network will be fined from 50.000 to 150.000 dinars or imprisoned for 30 to 60 days.
Whoever collects voluntary contributions without notifying the competent authority or during the collection of voluntary contributions endangers the tranquility of citizens or violates public order and peace in a public place or social network will be punished with a fine of 10.000 to 50.000 dinars or work in the public interest from 40 to 120 hours.
Whoever, without notifying the competent authority, organizes the collection of voluntary contributions or commits that offense in a group of three or more persons, or uses children or minors to collect voluntary contributions, shall be punished by a fine of 50.000 to 150.000 dinars or a prison sentence of 30 to 60 days.
For that offense, a legal entity will be fined from 250.000 to one million dinars, an entrepreneur will be fined from 50.000 to 250.000 dinars, and a responsible person in a legal entity will be fined from 10.000 to 50.000 dinars.
Penalties, liability and user identity
If a person who is suspected of having committed an offense on a social network claims that it was actually done by someone else, he is obliged to provide complete and accurate information about the identity of the person who used the social network and a written statement certified by the competent authority confirming that he used the social network instead of the person suspected of it, within eight days.
After consultation and public discussion, this document should reach the parliamentary procedure as a proposal.
“There is no doubt that in the modern age, social networks are considered a special type of public place, because access to them is allowed to a practically unlimited number of persons (their users). What distinguishes them from the classic definition of a public place is that not all disrespect and violations of public order and peace are possible through social networks, but quite a number of them,” the explanation stated.
The ombudsman also drafted a legal proposal that foresees a ban on the use of mobile phones in schools, and it will be officially submitted to the parliamentary procedure at the beginning of the year.
The law should apply to both primary and secondary schools, and it would stipulate that phones be left at the beginning of classes and returned only after leaving school. It will not be possible to use it even during vacations, except for students who, due to special health circumstances, receive a doctor’s certificate for it. Teachers will be in charge of communicating with parents.
After consultation with the Panel of Young Advisors, which is made up of students, the ombudsman’s office plans to organize a large meeting after the winter break, in which everyone affected by these regulations will participate – students, teachers and parents. After all the suggestions, the law will officially go to the parliament.
Source: FoNet, Vreme
