Local Public Broadcasters Face Pressure for Compliance with New Law

The Media Centre has initiated a campaign urging officials in five municipalities to adopt new decisions for establishing local public broadcasters. This initiative targets the municipal leaders of Andrijevica, Berane, Budva, Nikšić, and the capital city of Podgorica.

The call comes in light of the Law on Audiovisual Media Services, which was enacted on June 7, 2024, and came into effect on June 19, 2024. According to Article 190 of this law, the founding acts of local and regional public broadcasters must align with the new regulations within nine months from the law’s enactment. This means the deadline for compliance is March 19, 2025.

The Media Centre emphasizes the urgency for local leaders to take immediate action, as there has already been an eight-month delay in adopting the necessary decisions. They have called on the Agency for Audiovisual Media Services to exercise its legal authority to impose sanctions on those who fail to comply with the statutory requirements for establishing these broadcasters.

One of the significant reforms introduced by the new law is the process for appointing members of the councils for local public broadcasters. To minimize political influence, the law mandates that council members should be appointed by authorized proposers from the local governance unit, rather than by public enterprises and institutions tied to local governments. These proposers can include non-governmental organizations involved in education, culture, media, human rights, environmental protection, consumer rights, sports organizations, local business associations, and representative trade unions.

The Media Centre highlights another critical reform regarding the dismissal of council members. Previously, the council or a relevant appointment committee had the power to initiate dismissal procedures. Under the new regulations, only the council of the local public broadcaster can initiate such procedures, ensuring that the council operates independently without external political pressures.

In addition to these governance reforms, new founding acts for public broadcasters will define their primary functions, including the provision of public services, the competencies and mandates of governing bodies, the process for appointments and dismissals, and the rights and obligations of the public broadcaster. These acts will also address the broadcaster’s funding mechanisms and the minimum annual budgetary allocations required for its operations.

To facilitate compliance with the new legal obligations and expedite the decision-making process, the Media Centre has collaborated with representatives from the Ministry of Culture and Media, the Agency for Audiovisual Media Services, the Association of Municipalities of Montenegro, the Media Union, and local public broadcasters. They have prepared a Model Decision for the Establishment of Local Public Broadcasters and a Model Statute, which have been provided to the leaders of the municipalities.

This initiative is part of a project supported by the program “Supported=Empowered,” implemented by the Active Citizenship Fund in partnership with the Community Development Foundation “Slagalica” from Croatia. The program is financed by the European Union and co-financed by the Ministry of Public Administration.

The Media Centre stresses the need for immediate preparation of drafts for the decisions on establishing local public broadcasters. Once these drafts are prepared, public discussions must be held before the new legal act can be adopted by the municipal assemblies. This entire process demands significant time, underscoring the potential delays in the implementation of the law.

They also caution the Assembly of the Capital City about proceeding with the appointment of two new members to the Council of RTV Podgorica before aligning with the new law, as the new decision does not stipulate the inclusion of a representative from the Bar Association, which was previously customary.

As of now, the municipalities that have successfully adopted new decisions establishing local public broadcasters, in accordance with the new law, include Herceg Novi, Pljevlja, Rožaje, Cetinje, Danilovgrad, Kotor, Tivat, Bar, Bijelo Polje, and Ulcinj.