Dragan Milic, Attorney at law - Copyright, Media Law, Intellectual property, IT Law, Internet Law, Privacy Law and GDPR

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Photo: Vladimir Đorđević & MEDIA REFORM CENTER

THE TERM „MEDIA“ ACCORDING TO THE LAW ON PUBLIC INFORMATION AND MEDIA, RS

Unlike the previous Law, the new Law on Public Information and Media has replaced the term „public voice“ with the term „media“, and explicitly defines what and under which conditions is considered to be a media, and what not.

Public information is realized only through the media which, according to the Law on Public Information and Media, is defined as a mean of public information which uses a word, picture or a sound to transfer editorial formatted information, idea, thoughts and other contents intended for public distribution and unlimited number of users.


WHAT CAN BE CONSIDER AS A MEDIA:

According to this Law, media in particular INCLUDE daily and periodical newspapers, news agency service, radio programs and television programs and electronic editions of the media, as well as independent electronic publication (editorially designed website or web portals), which have been registered in Register of media, in accordance with this Law. It should also take into account that every newspaper with a special name represents a special media, and all editions of a newspaper published under the same name, are considered to be one media. Television or radio program as well as an independent electronic publication are the media for itself.


 

Forms of publishing content which the Law does NOT CONSIDERED to be the media:

books, film, audio support and audio-visual content, scientific and professional journal dedicated primarily to inform or educate certain professional groups, other print publications, a directory that contains only notices, ads, commercials and market-oriented information or newsletters and similar publications for internal information, electronic publications of state agencies and organizations, institutions, public companies and legal entities, entrepreneurs and their associations, official journal, printed paper such as leaflets, posters and similar mass media, other publications in terms of regulation of publishing, as well as Internet search engines and aggregators.

In terms of this Law, the following is also considered not to be the media: platforms, such as Internet forums, social networks and other platforms that allow free exchange of information, ideas and opinions of its members or any other individual electronic publications, such as blogs, web presentation and similar electronic presentations unless they are registered with the Registry of the media, in accordance with this Law.

It should be noted that with these kind of solution the Legislator did not forbid these forms to have the status of media, but just offered a choice, ie. to register with the competent Registry or the Registry of the media within the Serbian Business Registers Agency, and become the media in terms of the Law, with all its rights and obligations that arise from it.

Media publisher can be any private individual and legal entity, which as it was noted above are registered with the competent register in Republic of Serbia to perform such activities.

Legal entity as a media publisher can be established by any domestic or foreign legal entity or private individual, in accordance to the Law.

Whether a person chooses to publish contents in the media or any other form, will directly affect their rights and obligations or liability for the published content. In fact, there are differences in that sense, depending on the form chosen by the private individual or legal entity.

Dragan Milić, Attorney at law