Local Public Broadcaster Initiative Faces Push for Compliance

The Media Center has urged local authorities in five municipalities in Montenegro to adopt new decisions related to the establishment of local public broadcasters. This initiative targets the mayors and assembly presidents of Andrijevica, Berane, Budva, Nikšić, and the capital city Podgorica, emphasizing the urgency of compliance with the recently enacted laws governing audiovisual media services.

According to the law passed on June 7, 2024, which took effect on June 19, 2024, local and regional public broadcaster founding acts must align with this legislation within nine months. The deadline for municipalities to harmonize their decisions regarding public media services is set for March 19, 2025. The Media Center has expressed concern that these municipalities are already behind schedule, as they have not yet adopted the necessary new decisions, which are now eight months overdue.

The Media Center calls on the relevant local officials to take immediate action to ensure these decisions are passed. In addition, they are urging the Audiovisual Media Services Agency to utilize its legal authority to impose sanctions on those responsible for non-compliance with the legal requirements surrounding the establishment of local public broadcasters.

Significant changes mandated by the new law focus on enhancing the independence of local public broadcasters. One key aspect involves the appointment of new council members for these broadcasters. Instead of allowing public enterprises and institutions controlled by local authorities to nominate council members—often leading to political influence—the new regulations stipulate that authorized proposers from the local self-government area must do so. These proposers can include non-governmental organizations in the fields of education, culture, and media; human rights and environmental protection organizations; sports organizations; local business associations; and representative trade unions.

The law also introduces a revised process for dismissing members of the council of local public broadcasters. Previously, either the council or the relevant appointment committee in the municipal assembly could initiate dismissal proceedings. Now, only the council itself may start such proceedings if legal grounds arise. This change aims to prevent political interference through municipal assemblies, ensuring that the council operates as an independent entity.

In addition to enhancing the operational independence of the council, the new founding act for public broadcasters outlines the core functions of providing public services and specifies the authority, mandate, appointment procedures, rights, obligations, and financial arrangements for these entities.

To facilitate compliance with these new legal obligations, the Media Center, in collaboration with the Ministry of Culture and Media, the Audiovisual Media Services Agency, the Association of Municipalities of Montenegro, the Media Trade Union, and representatives of local public broadcasters, has prepared a model decision for establishing local public broadcasters, as well as a model statute. These documents have been distributed to the municipalities’ mayors and assembly presidents.

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

The Media Center has reiterated the importance of promptly preparing the draft decision for establishing local public broadcasters. After drafting, a public discussion must be held before the new legal act can be approved in the assembly. This process is time-consuming, and delays in implementing the law could have significant consequences.

Moreover, the Media Center has alerted the Assembly of the Capital City regarding the ongoing process to appoint two new council members for RTV Podgorica. They caution that this appointment should not proceed without aligning with the new law, which no longer permits a representative from the Bar Association to be included in the council, a practice that had been previously followed.

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