RESTRICTIONS ON THE MEDIA

Since taking power in Serbia in 1989, Slobodon Milo_evi_ has taken deliberate steps to undermine the freedom of the press. The state-run Serbian television, the main source of news for most people outside of Belgrade, provides overtly biased news in favor of Milo_evi_ and the ruling SPS. Independent radio and television stations experience various forms of harassment, including the denial of broadcast licenses and arbitrary bans. During the mass demonstrations after the elections, the government went to great lengths to underplay the scale of the public protest. The state media typically portrayed the demonstrations as "a group of accidental passers-by" or "hoodlums." Meanwhile, the government tried to silence the independent media by either closing private radio and television stations or, on occasion, using violence against journalists.

Restrictions on the independent media intensified in July 1997, apparently in an attempt to limit the free flow of information before the September 21 Serbian elections. In a coordinated action involving the Yugoslav Ministry for Transport and Telecommunications, the criminal police, the financial police and various state agencies, the government temporarily shut down over seventy-five private television and radio stations that, it claimed, were operating illegally. Many of the stations did not possess the proper broadcast license, but this was mostly due to the government's unwillingness to grant licenses to stations that broadcast critical views of the state. The government consistently used Yugoslavia's complex and contradictory broadcast laws and licensing procedures to deny licenses to the media outlets it considered "disloyal."

Physical Abuse Against Journalists

During the demonstrations, at least twenty-five journalists were beaten by the police, even though they were clearly identifiable as journalists. Most of the attacks took place either during the period December 24-27 or on the night of February 2. On February 14, 1997, the Humanitarian Law Center filed criminal charges on behalf of twenty-one journalists who had been beaten by the police. To date, no action has been taken by the state prosecutor (see section on seeking redress). A journalist with Russian NTV, Oleg Chupin, has also filed suit against the Serbian Ministry of Internal Affairs for police abuse committed against him in Belgrade on December 26. Chupin and NTV are seeking 615,000 dinars (approximately U.S. $109,821) in damages for his physical injuries and a video camera that was broken during the assault.

On the night of February 2 alone, at least eight journalists were beaten. One of them, Predrag Vuji_, a journalist with the Beta News Agency, told Human Rights Watch/Helsinki:

I saw people running from Brankov Bridge. A strong police force was chasing them with truncheons and water cannons. The people were completely wet. I stopped at the Hotel Moscow as the people ran away. Then the police came from Terazije Street, several buses full. They were chasing and beating everything that moved.

One policeman said to me, "Go home, what are you doing here." We tried to turn around but three or four policemen came from the other side. I saw a raised truncheon and I covered my head. I started to yell, "I am a journalist, I am a journalist!" I also had a press card hanging from my neck. But one cop, I think, hit me several times, I think four times on the back. I was lucky. My friend, a journalist from Blic, Marko Petrovi_, was beaten badly on the shoulder.36

Attack on Rastko Kosti_

Perhaps the most serious beating of a journalist was the case of Rastko Kosti_, a twenty-year-old student who writes for the student newspaper Znak and was a member of the students' main protest committee. At 1:30 a.m. on February 3,he heard news on Radio B-92 that the police were beating demonstrators around Brankov Bridge. He grabbed his tape recorder and set out for the Republic Square in the city's center. He told Human Rights Watch/Helsinki:

There were a few hundred people in the square, all of them very angry. In one moment, a group of police came from Terazije Street onto Kolar...eva Street-about fifty of them. When they arrived, I noticed that they were not behaving professionally, but strangely. From the direction of the cordon came a man covered in blood. The crowd started to pull out cobblestones and hit the police. I stayed with a group of cameramen so as not to be associated with the crowd.

As the police approached, I turned to run away. But my recorder fell and I thought I should pick it up. I bent down and a policeman hit me and I fell. The first one did not kick me so strongly, just to knock me down. Then five policemen surrounded me and kicked and hit me with their truncheons exclusively on the head. None of the blows were on the body. One policeman was stomping with his boot on my fingers until I released the tape recorder. I dropped it and he smashed it while the others continued to beat me up. I tried to show them my press identification and said that I'm a journalist. One of them said, "you're a journalist. Great, then whistle again, journalist."37 He kicked me in the mouth and broke two teeth. They beat me for about two minutes. My fingers were broken and my head was injured from the blows. They stopped when a person next to me fell down and they started beating him.38

Human Rights Watch/Helsinki visited Mr. Kosti_ eight days after the beating. His right forearm was still in a cast due to the broken fingers, he was missing two front teeth and his head was heavily bandaged.

Attacks on Other Journalists

Sometimes journalists with video cameras were attacked by the police, even though it was obvious that they were not part of the demonstration. Maja Vidakovi_ and her two colleagues from Brothers Kari_ Television were attacked on the night of February 2. She told Human Rights Watch/Helsinki:

We were on the corner with our camera. It was obvious we were journalists-we were a journalist, a cameraman [Savo Ili_] and a technician [Vanja Lazin]. We thought we are journalists so there would be no problem. We weren't protesters. We were stuck between the running crowd, a wall and the police. They hit me a couple of times in the back so I thought I should turn to face them. I looked right in his [the policeman's] eye. Nobody was attacking them. They could have just pushed the people away. Four of them rushed at me with their batons raised. But one of them said, "don't touch the girl." The camera made them very angry. First they hit the cameraman with a baton. As he started to be hit, he passed the camera to the assistant. The police were yelling, "we'll break it!" One of them grabbed it from the assistant and smashed it on the ground. I think they even did that twice. The others stomped on it. Then they took it-what was left of it-and they threw it over the fence. They had no mercy. The cameraman pretended to be dead. The assistant, trying to protect the camera, got beaten badly.

We went to the Emergency Clinic and saw about fifty people and realized that we were lucky because there was blood everywhere. The people with press cards were beaten more. And the police had no badges. None of the police were identifiable.39

Based on interviews with journalists, editors and local human rights organizations, Human Rights Watch/Helsinki confirmed the following instances of police abuse against journalists during the demonstrations in Belgrade alone.

* Soni Darjevi_ - photographer for Nedeljni Telegraf, beaten December 24

* Dejan Joksimovi_ - journalist for Radio Index, beaten December 24

* Igor Jovanovi_ - journalist for Radio Index, beaten on December 24

* Dragan Vu...i_evi_ - journalist for Demokratija, beaten December 24

* Petar Kujundñi_ - photographer for Reuters, beaten December 24

* Goran Markovi_ - Brothers Kari_ Television, beaten December 24

* Sa_a Nikoli_ - Brothers Kari_ Television, beaten December 24

* Oleg ,,upin - Russian journalist from NTV, beaten December 26

* Rade Radovanovi_ - journalist with Nezavisnost, beaten December 27

* Nikola Majdak - video production of B-92, beaten December 27

* Ðorðe Nikoli_ - Austrian ORF Television, beaten on December 27

* Mladen Petrovi_ - Austrian ORF Television, beaten on December 27

* Nikola Todorovi_ - journalist with Na_a Borba, beaten on December 27

* Dragoljub Petrovi_ - journalist with Na_a Borba, beaten on December 27

* Aleksandar Kosti_ - Brothers Kari_ Television, beaten on December 27

* Zoran _aponji_ - journalist with Blic, beaten on December 27

* Du_an Vukajlovi_ - journalist with Blic, beaten on February 2

* Marko Petrovi_ - journalist with Blic, beaten on February 2

* Predrag Vuji_ - journalist with Beta News Agency, beaten on February 2

* Savo Ili_ - Brothers Kari_ Television, beaten on February 2

* Vanja Lazin - Brothers Kari_ Television, beaten on February 2

* Maja Vidakovi_ - Brothers Kari_ Television, beaten on February 2

* Rastko Kosti_ - journalist with Znak, beaten on February 2

* Sergei Karazei - Ukrainian cameraman working for Reuters TV, beaten on February 2

The police also targeted journalists in Kragujevac on January 23 during an attack on Kragujevac residents who had set up a blockade on the road to Belgrade (see section on police violence). A cameraman and soundman for AP Television, Dejan Mladenovi_ and Srdjan Nedeljkovi_, were on a hill on the side of the road watching the police arrive. Before the police attacked, however, a few of them walked up the hill, confiscated Mladenovi_'s film and escorted both men down to the road, where they witnessed the police action. After the attack, both were taken to the police station in Kragujevac, where they were held for one hour. According to Mr. Mladenovi_, the police clubbed Mr. Nedeljkovi_ once in the stomach with a baton.40 The next day, another AP cameraman, Slobodan Djuki_, was setting up his video camera in the center of Kragujevac when he was detained by the police and held without an explanation for forty-five minutes in the police station.

Restrictions on the Private Electronic Media

The broadcast media in Serbia is regulated by five laws: the Serbian Law on Radio and Television, the Laws on Connection Systems (Serbian and federal), and the Laws on Public Information (Serbian and federal). In addition, a number of state bodies are involved in regulation, including the Ministry of Transport and Telecommunications, the Ministry of Information and the commercial courts. Many of the relevant laws and regulations are contradictory and allow the government to grant or deny licenses to those stations it desires. For example, under current regulations, the Yugoslav Ministry of Transport and Telecommunications requires applicants for a broadcast license to provide proof that the station has been registered as a public media outlet at the Ministry of Information and at the appropriate commercial court. But these documents cannot be obtained without first having a license from the Ministry of Transport and Telecommunications. Even taken individually, Serbia's broadcast laws do not guarantee that licenses will be allocated on a non-discriminatory basis. Article 5 of Serbia's Law on Radio and Television gives the government a very broad discretional right to grant licenses, while article 10 (6) of the same law allows the government to revoke licenses under vague terms.41 Article 7 of the law obliges the government to hold an open auction for frequencies once a year, but the last auction was held in 1994.

As a result, since 1989 independent radio and television stations (like Radio B-92 or Radio Boom 93) have been repeatedly denied a license without an explanation even though they apparently met all of the criteria, while stations that were either blatantly pro-Milo_evi_ or, at least, commercial and wholly uncritical (like RTV Pink or BK TV) easily obtained licenses for large parts of Serbia. The most extreme example was Radio Ko_ava, run by Milo_evi_'s daughter, Marija, which obtained a frequency by government decree without even submitting an application.

The independent broadcast media was, therefore, severely limited in its effectiveness, leaving the state controlled television and radio to disseminate government propaganda unchallenged, as in the past. Many people in Serbia and abroad blame the state media for encouraging the war in former Yugoslavia by distorting facts and promoting xenophobic, extreme nationalist views.

Despite these barriers, Serbia's independent radio and television stations played an important role during the 1996-97 demonstrations by disseminating information, often directly from the streets, that offered an alternative to government propaganda. Unlike during the war, which was never fought inside Serbia, audiences could contrast the state media's coverage with their daily experiences at home. The daily audience of the larger stations, specifically Radio B-92 and Radio Index in Belgrade, rose to over one million. Smaller stations throughout Serbia rebroadcast B-92's transmission, thus providing many people in the countryside with an alternative to the state-run media, which was misrepresenting the purpose and scale of the demonstrations. In acknowledgment of their effectiveness, the government attempted to ban or close a large number of radio stations, including Radio B-92 itself, which responded by sending daily news over the Internet.

Most often, the state justified the closures by claiming that the station in question did not have the proper license to broadcast. In most cases, this was true, a consequence in large part of the government's persistent refusal to grant such licenses to independent radio or television stations. Many of the stations that were closed following the November 1996 elections, all of them either independent or oppositional, had been operating without interference for the past three or more years, suggesting that they were closed strictly for political reasons.

In May 1997, the Serbian Minister of Information, Radmila Milentijevi_, promised that there would be democratic reform in the electronic media and that no private television or radio station would be shut down before the September 21 elections. Despite this, on June 2, the Yugoslav Minister for Transport and Telecommunications, Dojcilo Radojevi_, announced the need to "establish order in the broadcast media." All "pirate" radio and television stations, he declared, wouldbe permanently banned if they failed to apply for a temporary broadcast license by June 30, 1997.42 However, the ministry did not clarify which documents were required to apply for a temporary license or on what criteria applications would be considered. According to journalists and the Association of Independent Broadcast Media, a local network of independent radio and television stations, the procedure for submitting the application was confusing and contradictory.43

Shortly after the June 30 deadline, and in some cases before the deadline, the government initiated a coordinated campaign among the Ministry of Transport and Telecommunications, the criminal police, the financial police and various government agencies to shut down more than seventy-five radio and television stations across Serbia and confiscate some of their equipment without warning, even though some of the stations had submitted all of the necessary documentation. All of the closed stations were either independent, run by the opposition or commercial and unconnected to the government. They included:44

1. Radio Boom 93 - Pozarevac (banned on 3 December 1996 - see below)

2. Radio Duga - Pozarevac (19 July 1997)

3. Radio Folk Duga - Pozarevac (19 July 1997)

4. Radio Dabar - Pozarevac (19 July 1997)

5. TV Duga - Pozarevac (19 July 1997)

6. TV Sat TV- Pozarevac (19 July 1997)

7. RTV San - Novi Pazar (27 May 1997)

8. JU Radio - Novi Pazar (27 May 1997)

9. Radio Skala - Novi Pazar (27 May 1997)

10. Radio Jedinstvo - Novi Pazar (27 May 1997)

11. Radio Pozega - Pozega (29 May 1997)

12. TV Pancevo - Pancevo (17 July 1997)

13. Radio Melos - Kraljevo (20 July 1997)

14. Radio Globus - Kraljevo (20 July 1997)

15. Radio Miks -Kraljevo (20 July 1997)

16. TV Trstenik - Trstenik

17. TV BK (banned broadcasts in the region of Pec, Kosovo, May 8, 1997)

18. Eko Radio - Cacak (14 July 1997)

19. Radio 96 - Cacak (14 July 1997)

20. Radio Star FM - Cacak (14 July 1997)

21. Radio Soliter - Cacak (14 July 1997)

22. Radio Dzoker - Cacak (14 July 1997)

23. Radio Dzenarika - Cacak (14 July 1997)

24. TV Galaksija - Cacak (14 July 1997)

25. TV Jefimija - Krusevac (21 July 1997)

26. TV Kanal Plus - Krusevac (21 July 1997)

27. Radio Krusevac II Program - Krusevac (21 July 1997)

28. Radio OK Studio - Krusevac (21 July 1997)

29. Radio VK - Kikinda (25 June 1997)

30. Radio AMI - Kikinda (25 June 1997)

31. Radio Golf - Belgrade (8 July 1997)

32. Radio TDI - Belgrade (8 July 1997)

33. Radio Roda - Belgrade (8 July 1997)

34. Radio Stenka - Belgrade (8 July 1997)

35. Radio Top FM - Belgrade (8 July 1997)

36. Radio Ritam - Pancevo (17 July 1997)

37. Radio Safir - Pancevo (17 July 1997)

38. Radio Egeta - Brza Palanka

39. Radio Spektar - Pancevo (17 July 1997)

40. TV Kanal 10 - Kraljevo

41. Radio Puls - Kraljevo

42. Radio Amaro - Sjenica

43. Vikom Radio - Sabac

44. Radio Civija - Sabac

45. Radio AS - Sabac

46. Radio Nesvil - Bogatic

47. Radio Koceljeva - Koceljeva

48. Radio Vladimirci - Vladimirci

49. Radio TV Lotel - Loznica

50. Radio Cer - Lipolist

51. Maksi Radio - Bogatic

52. Radio OM - Loznica

53. Radio Tufa - Kladovo

54. Radio Kometa 030 - Bor

55. Radio Luna - Lunovo Selo

In late August the government announced that all of the stations would be free to broadcast until after the September elections, as the Serbian Minister of Information had originally promised. The Transport and Telecommunications Ministry said it would return the equipment it had confiscated and stop running technical checks on the stations in question. However, the ministry did not reply to requests from independent broadcasters and the Association of Independent Broadcast Media formally to rescind, rather than just postpone, the decision to close the "pirate stations."

Human Rights Watch/Helsinki recognizes the government's right to regulate the allocation of frequencies. However, Human Rights Watch/Helsinki believes that Serbia's licensing process has had the effect of restricting media pluralism and freedom of expression.45 The timing and scale of these closures and the coordinated nature of the campaign suggests that they were a politically motivated attempt by President Milo_evi_ and the ruling Socialist Party of Serbia to restrict the independent media before the forthcoming elections. Although the closures were postponed until after the elections, the procedures against the stations could begin again once the elections are over.

The Closure of Radio B-92

Radio B-92 is the largest and most reputable independent radio station in Yugoslavia, and among the most influential in Eastern Europe. It provides independent news and cultural programs to the residents of Belgrade and runs projects in publishing and theater. Since its founding in May 1989, the station has had a shaky legal status. Repeatedly denied its own frequency by the state without an explanation, the station could only broadcast in an arrangement with the state's RadioTelevision Serbia (RTS) on its frequency 92.5 MHZ, which would ultimately be suspended during B-92's coverage of the post-election demonstrations.46

Problems began on November 27 when B-92 had its transmission signal blocked four times during a news broadcast about the protest marches. From November 28 to December 2, B-92's transmission was blocked entirely from 9:00 a.m. to 2:00 p.m.. Then, on December 3 at 3:00 p.m., the station was taken off the air altogether. Veran Mati_, editor-in-chief of Radio B-92, told Human Rights Watch/Helsinki:

In the first days it [the station] was blocked during the transmissions of the news about the demonstrations. Three or four days before the ban, it was the whole program. When we broadcast MTV [Music Television] there was no problem. MTV does not bother Milo_evi_. He likes MTV.47

Shortly thereafter, Radio B-92 received an unstamped letter from the Federal Ministry of Transport and Telecommunications saying that the interferences in their program had been caused by "water in the cables." Then, on December 3, the station received a stamped letter from the ministry which said that there was no damage but that the station was operating "illegally" because it did not possess a valid contract with RTS, which is true, although the station had been operating on an RTS-owned frequency without interference for the past five years. The letter said:

Thorough examination of our documents showed that your radio station, B-92, does not have a working license, issued in the name of Radio B-92. The work of your station without a license is illegal. Bearing in mind that your program is broadcast on the frequency 92.5 MHZ, for which Radio Television Serbia has a license, it is necessary that you submit a valid contract [that] has been signed with RTS. If you do not have a valid contract with RTS, it is required that you submit a request for a license to be issued, followed by the accompanying technical documentation, including a copy of the contract with RTS. Otherwise you will continue to be illegal and by doing so you would commit an offence under the Law on the Systems of Connections (article 141), as well as a criminal deed according to the Criminal Law of the Republic of Serbia (article 219).48

The closure of Radio B-92 caused a domestic and international uproar. The United States government responded by allowing Radio B-92 to broadcast its programs on the frequency of the Voice of America, while B-92 journalists worked to get news out over the Internet. Under intense pressure, the Yugoslav government allowed the station to broadcast again on December 5. Then, on December 12, the station signed a ten-year contract with RTS for the frequency 92.5. But Mr. Mati_ told Human Rights Watch/Helsinki that refusing Radio B-92 its own frequency is "a kind of blackmail," since other problems could arise in the future. B-92's application to the Yugoslav Ministry for Transport and Telecommunications is currently under consideration.

The Closure of Radio Index

The other major independent radio station in Belgrade is the student station Radio Index. Like Radio B-92, the station provides independent news and was very active in reporting on the demonstrations. Also like Radio B-92, it was banned from broadcasting on December 3.

Director and editor-in-chief of the station, Nenad Ceki_, told Human Rights Watch/Helsinki:

We were working normally and, without prior warning, they shut off the transmitter. We sent a fax to the Federal Ministry [for Transport and Communication]. They answered only when we got the signal back [on December 5]. They said everything is okay.49

According to Mr. Ceki_, two of his journalists were also beaten on December 24: Igor Jovanovi_ and Dejan Joksimovi_ (see section on police violence against journalists).

The Closure of Radio Boom 93

Located in Poñarevac, hometown of Slobodan Milo_evi_ and his wife Mira Markovi_, Radio Boom 93 has been a thorn in the side of the government since the station began broadcasting in 1992. Unlike Radio Index and B-92, which only broadcast around Belgrade, Radio Boom 93 has provided independent news directly to the more rural areas, where President Milo_evi_ has the most support. The station also rebroadcast programs from the Voice of America, Radio Free Europe, BBC and Radio B-92, especially during the demonstrations. General manager and editor-in-chief of the station, Milorad Tadi_, told Human Rights Watch/Helsinki that he was trying to run, "an urban radio station in a not very urban place."50

Since 1992, Radio Boom 93 has been broadcasting on a temporary license. Applications for a permanent license have been repeatedly ignored or rejected without explanation by the Ministry of Transport and Telecommunication. The station submitted a bid in the last open auction for radio frequencies, held in February 1994, but was refused without an explanation.51 The station then applied to the federal ministry for a renewal of its temporary license to broadcast, but again received no response. The station repeatedly applied for renewals while continuing to broadcast until Dec. 3, 1996, when the federal inspector for radio communication informed the station that it would have to close due to the lack of a license. Radio Boom 93 filed a complaint concerning the government's decision and, on December 6, submitted a new application for a temporary license to broadcast. The federal ministry did not respond to either submission.

As noted, in May 1997, the Serbian Minister of Information, Radmila Milentijevi_, promised that private television and radio stations would be allowed to operated freely until the September 21 elections. Based on that statement, Radio Boom 93 decided to begin broadcasting again, even though it still did not have the proper license. On August 3 it began to broadcast again and, as far as Human Rights Watch/Helsinki is informed, it has been operating without interference.

Restrictions on Brothers Kari_ Television

Owned by a wealthy businessman who was a neighbor and personal friend of President Milo_evi_, Brothers Kari_ Television (BK TV) began as a faithful mouthpiece of the government that reached 60 percent of the country. But a temporary switch in editorial policy took place during the anti-government demonstrations. Unlike the state television, BK TV cautiously began to report about the political opposition and the daily street protests throughout the country. Shortly thereafter, the state began to limit BK TV's broadcasts through a variety of means. The timing of the restrictions and the lack of official explanations for some of the actions against the station strongly suggest that they were politically motivated.

On March 18, approximately three months after BK TV's editorial shift, the station received a fax from the Federal Ministry of Transport and Communications warning that BK TV had not paid all of its bills-an allegation refuted by the station. Two days later, the government cut off the RTS relay stations at Avala and Jastrebac, which broadcast BK TV's program to the south of the country, including the southern cities of Jagodina, Aleksinac, Ni_, Leskovac, Kragujevac, Para_in, ,uprija, Bato...ina and Lapovo. On March 21, however, the relay stations were turned on again after the Commercial Court in Belgrade ruled that RTS had to reestablish the link. On March 22, the federal ministry issued astatement that said BK TV's permits had been revoked because the station had not submitted the proper technical documentation and had not paid rent for leasing the state's transmitter or antenna.52

Finally, in the last week of April, the relay stations at Avala and Jasterbac broke down for unknown reasons, again cutting BK TV's broadcasts to the south of the country. RTS denied repairmen from BK TV access to the relay stations so that it could only be viewed in Belgrade, Novi Sad and Vukovar. As of September 1, BK TV's broadcasts were limited to these three cities, even though, by June 1997, the station had become less critical of Milo_evi_ once again.

In addition, the authorities closed BK TV's studio in Pe_, Kosovo. In early May, a local SPS official, Miladin Ivanovi_, ordered without explanation that the station stop broadcasting newscasts. BK TV refused and, on May 8, Ivanovi_ locked the studio, which is in a building owned by the SPS. On May 16, Pe_ residents wanted to hold a protest rally in support of the station, but their request for permission to do so was denied by the local Secretariat of Internal Affairs.53 According to the New York-based Committee to Protect Journalists, a crowd gathered nevertheless. BK TV's station manager, Nebojsa Radunovi_, pleaded with the crowd to go home but the police detained him for two hours, dispersed the rally and confiscated BK TV's videotape of the gathering as well as the film of other photographers present.54

Restrictions on the Independent Print Media

Although it was not placed under the same pressures as the electronic media, and does not reach as wide an audience, the independent print media also came under attack from the state during the period surrounding the 1996 elections and the subsequent demonstrations. In addition, some independent newspapers have come under direct pressure from the state in the period leading up to the 1997 elections. Careful to avoid direct restrictions on the independent print media, which would be more easily identified as political intrusions, the Serbian government has developed the more circumspect technique of using state tax organs and other regulatory agencies to hinder the work of newspapers and magazines that print news critical of the state. Financial controls, contractual difficulties raised by state agencies and banking problems appear to limit the work of the independent press.

On November 27, 1996, the state-owned Borba publishing house refused to print more than 70,000 copies of the daily tabloid Blic, which was covering the protests and had printed 250,000 copies a day since the beginning of the demonstrations, allegedly due to "technical reasons." In December, two independent magazines with coverage critical of the government, Nin and Vreme, were ordered by the publishing house to start submitting their manuscripts three days early, apparantly so that their content could be reviewed with a view to censorship.

Most independent newspapers and magazines, like Vreme and Na_a Borba (the most critical daily paper), also complain about the newspaper distribution system, which is controlled by the state, although newspapers did seem to be delivered throughout the country during the demonstrations. In general, a major concern is the economic pressure against the independent press, although this also did not change much during the demonstrations. Specifically, firms owned by or close to the government rarely advertise in the independent media, thereby denying the newspapers of thousands of dollars of potential income.

On June 11, 1997, the publisher of Na_a Borba, Fininvest, was ordered to pay a $220,000 fine for back taxes within three days, even though, according to Fininvest, a February 1997 tax inspection had not indicated any wrongdoing and Fininvest had already paid approximately $128,500 in taxes for 1997. Then, on June 29, Fininvest's bank account was frozen on the order of the tax authorities, which, according to the publisher, has seriously compromised the paper's abilityto publish regularly.55 In early September, the government retracted its demand for back taxes and unfroze Na_a Borba's bank account. While Human Rights Watch/Helsinki cannot evaluate the merits of the tax assessment, there is reason to fear that it was used to silence an outspoken and critical newspaper before the September elections.

Censorship in the State-run Media

Control of the state television, radio and press agency, Tanjug, has been an important political instrument for President Milo_evi_ and the ruling SPS since they assumed power. The state media's coverage around the elections was no different and even became a source of humor among the demonstrators. Among the banners at the daily marches could be seen such slogans as: "I watch the news on TV, and I also take drugs;" "Beware of the dog: he watches Serbian TV every day;" and "We are not mushrooms. Don't keep us in the dark and feed us s--t."

According to a survey conducted by the Institute for Social Sciences for the newspaper Nezavisnost, the television news spent an extremely disproportionate amount of time covering the ruling coalition (Socialist Party of Serbia, Yugoslav United Left and New Democracy) before the 1996 elections. From October 17 to October 23, 1996, the second daily news broadcast, shown on Channel 1, had 106 minutes of coverage for the ruling coalition compared to one minute forty-five seconds for the opposition coalition Zajedno and one minute fifty seconds for the opposition Serbian Radical Party.56

The biased reporting continued after the elections; the demonstrations were either ignored by the state-run media or the protesters were portrayed as a gathering of "vandals" or "occasional passers-by." When half a million people marched in Belgrade on New Year's Eve the state television said that the citizens of Serbia celebrated the new year mainly "in discos and bars while others celebrated traditionally, among family."

At times, the state-run media purposefully misrepresented people's statements to fit the message the government wished to convey. Dejan Bulatovi_, who was severely beaten while in police custody in Belgrade and then spent twenty-five days in prison for disrupting public order (see section on police abuse), told Human Rights Watch/Helsinki about an experience he had with the state television:

When they released me from prison, a television crew was waiting. They said they were from CNN. I saw that they stressed the question, "how was the treatment in prison?" I told them that it was correct. They turned off the camera and said, "that's what we wanted to hear." I asked why they did not want to hear about the torture in the police station and they said, "we don't care about that. We are from RTS."57

Milorad Tadi_, director of the independent radio station Boom 93 (see section on restrictions on the private electronic media), told Human Rights Watch/Helsinki how the RTS portrayed the statements of a technician at his radio station:

RTS asked one of Boom 93's technicians at the demonstrations what she thought of RTS's coverage. She answered, "it is terrible. The lies they tell can bring nothing good to this country." That night the news showed her answering the question, "what do you think of the demonstrations."58

Some employees in the state-run or pro-government media were disciplined or fired for complaining about biased coverage. On February 21, 1997, Eleonora Prohi_, a journalist for TV Politika, was fired after she protested the station'seditorial policy.59 On March 30, the director of RTS's cinema program, Mladen Popoji_, was dismissed after publicly criticizing the station's news.

The Transfer of Municipal Radio and Television Stations

While many of Serbia's local television and radio stations are owned and run by the Serbian republican government, a few are owned by municipal governments. This did not present a problem as long as the SPS ruled these areas. But when the opposition took power in fourteen of Serbia's nineteen largest cities, the government was forced to hand over some of the local stations to the opposition. In at least two cities the republican government and the SPS tried to hinder the transfer.

Radio Television Kragujevac

Established in September 1996, Radio Television Kragujevac is owned by the local town hall with funding from local residents. An opposition victory in the city of 200,000 allowed the new local government to appoint a new management. But the republican government used legal, extra-legal and, finally, violent means to prevent the transfer.

On November 25, the Executive Council of the still SPS-dominated City Council decided that all property of the station should be handed over to the state television and radio, RTS. The new opposition government, which hadn't yet taken its seats in the City Hall appealed to the Commercial Court in Belgrade, which ruled that the station should not be integrated into RTS. The deadline for handing the station over to the opposition was set for January 22, 1997, but the president of the RTS managing board, Nada Popovi_, who is also the Serbian minister of culture, appealed the decision.

Unaware that an appeal had been filed, on January 22, at 8:00 a.m., the newly-appointed director of Radio Television Kragujevac, Vidosav Stevanovi_, and the new vice-director, Branislav Kova...evi_, arrived at the station to find approximately 200 policemen inside the building. Mr. Kova...evi_ told Human Rights Watch/Helsinki:

We came and there were 200 special forces in the building. They blocked all the entrances and were standing in the door. About 10,000 people gathered, insisting that we should enter by force. We contacted some politicians in Belgrade and the General Director of RTS to avoid a possible tragedy. But no one replied.60

Mr. Kova...evi_, Mr. Stevanovi_, and the Kragujevac mayor were able to keep the crowds peaceful as they tried to negotiate with the police and the government in Belgrade. The next day, negotiations took place in the Kragujevac City Hall, while the police remained in the television station. Around 2:00 p.m., a group of local residents, led by an opposition politician, Zoran Simonovi_, organized a blockade on the Kragujevac-Belgrade road to prevent any police forces from entering the city. A police unit arrived from Belgrade around 4:15 p.m. and used excessive force to break up the demonstration (see section on police violence), although there was no violence at the television station. On January 24, the new directors of the Kragujevac station reached an agreement with RTS in Belgrade to allow the transfer of the station. The police left the building on January 25, and the new staff began working on February 3.

The station has operated freely since then, although it is required by RTS to broadcast the state-run news twice a day. Before news broadcasts, the station apologizes to its listeners, "for having to make it listen to lies." In response, on May 11, the Serbian Minister of Information, Radmila Milentijevi_, threatened that, "such an act is petty and someone should pay for it,"61 although it is not yet clear if the state will take legal action. Minister Milentijevi_ has frequently criticized the independent media in Serbia for being "financially and politically backed from abroad" and for seeking to "destroy the state'ssovereignty."62 She has also said that Serbia has "no need for radio like Deutsche Welle, Voice of America and (Radio) Free Europe."63

Television Trstenik

According to the Committee to Protect Journalists, in mid-December, the former Socialist Party manager of the local television station in Trstenik, Radovan Radovi_-Raka, drove off with a van, high-range transmitter and other equipment that belonged to a local factory before the station could be handed over to the opposition, which had won the local town hall.64 As of September 1, the station was still closed.