The mass media in Montenegro refers to mass media outlets based in Montenegro. Television, magazines, and newspapers are all operated by both state-owned and for-profit corporations which depend on advertising, subscription, and other sales-related revenues. The Constitution of Montenegro guarantees freedom of speech. As a country in transition, Montenegro's media system is under transformation.
History
The first radio station in the Balkans and South-East Europe was established in Montenegro with the opening of a transmitter situated on the hill of Volujica near Bar by Knjaz Nikola I Petrović-Njegoš on 3 August 1904. Radio Cetinje commenced broadcasts on 27 November 1944 and in 1949, Radio Titograd was formed. In 1990 it changed its name to Radio Crna Gora.
In 1957, the first TV antenna was placed on Mount Lovćen. It was able to receive pictures from Italy. RTV Titograd was established in 1963 to produce original television programmes and later became RTCG. The first broadcast by TVCG in Belgrade was a news program in 1964.
Legislative framework The legal framework of Montenegro is deemed well structured and with a formally quite high level of media protection. The constitution and law provide for freedom of speech and press. Restrictions are justified only to protect the rights of others to dignity, reputation and honour, or on grounds of public morality and national security. The law criminalizes inciting hatred and intolerance on national, racial, and religious grounds, and there have been prosecutions on these grounds. In November 2014, violation of hate speech laws was turned into a cause of possible media distribution ban.
Other relevant laws with regard to media freedom and freedom of the press in Montenegro include the Law on the Public Broadcasting Services of Montenegro,Law on the Public Broadcasting Services of Montenegro the Law on Media, the Law on Electronic Media and the Law on Access to Information. Moreover, the Electoral Law stipulates the obligation on commercial media as well as on the Radio Television of Montenegro to guarantee equal visibility to all candidates. Their implementation, though, remains inconsistent.
Publications can be established without approval and are only subject to registration with the authorities. Broadcasters need to acquire a license. Individuals can criticize the government publicly or privately without reprisal. Following the repeal of the criminal libel law in 2011, parliament enacted a law on amnesty to pardon persons convicted of defamation and insult. Yet, there remains a backlog of cases. The right to reply and the right to a correction; censorship is forbidden. Institutions must guarantee the citizens' right to access to information.
The constitution and law prohibit arbitrary interference with privacy, family, home, or correspondence without court approval or legal necessity, and prohibit police from searching a residence or conducting undercover or monitoring operations without a warrant. The government generally respects the prohibitions relating to physical and property searches, but has been less compliant regarding digital privacy.
The law requires the National Security Agency to obtain court authorization for wiretaps, but authorities reportedly use wiretapping and surveillance inappropriately against opposition parties, the international community, NGOs, and other groups without appropriate legal authority. The NGO Alternativa stated that during 2011, the ANB performed secret surveillance and data collection against 113 persons. NGOs claimed that police and the state prosecutor's office illegally monitor citizens' electronic communications and fail to account for how many people or Internet addresses they monitor.
The Constitution guarantees the right to access to information and the 2005 Freedom of Information Law entitles journalists and citizens to request public information disclosure. Yet, and the executive remains wary of disclosing information about alleged corruption cases, and several cases have been registered in which authorities did not respect the deadline defined in the law.Elda Brogi, Alina Dobreva, and Pier Luigi Parcu, "Freedom of Media in the Western Balkans", study for the European Parliament's Subcommittee on Human Rights, October 2014, EXPO/B/DROI/2013/16 The media regulators lack financial independence and monitoring capacity.
The Agency for Electronic Media (AEM) and the Agency for Electronic Communications and Postal Affairs (EKIP) are the two regulatory bodies, entitled with broad tasks over the sector. Although defined as independent regulatory bodies, both entities have been exposed to the accusation of not being entirely independent, a condition resulting from the indebt interference exerted by politicians over these two bodies.
Status and self-regulation of journalists
No legal definition of journalist is provided by Montenegrin law. Any person producing information for the media is deemed a journalist, whether on a contract or freelancing. Job security for journalists is lacking, and part of their salaries are often transferred by editors under-the-table to avoid accounting and taxes. Average gross salaries were around 500 euros per month (the net average wage being €475/m) and can get as low as 200 euros per month for entry-levels.
Attacks on journalists and the media are also frequent, and impunity is a concern. No responsible has been found for the 2003 murder of Duško Jovanović, former Editor-in-Chief of the daily Dan. Tufik Softic, journalist for Vijesti and Monitor was injured by an explosive device activated in front of his house in August 2013.
Unionisation is on the rise, after the establishment in 2013 of a trade union for media workers, member of the national Association of Free Trade Unions.
The 2002 Journalists’ Code of Ethics is outdated, particularly with regards to online contents. The establishment of a self-regulation framework has long stalled. In March 2012, representatives of 19 print and electronic media outlets formed a media council for self-regulation. However, some of the most influential media declined to join what they described as an excessively pro-government group. They indicated that they would form a separate self-regulatory mechanism. A group of small local media outlets from the northern region of the country established their own self-regulation council.
Only three self-regulatory bodies in the country are counted as active: the Media Self-Regulation Council, the Self-regulatory Local Press Council and the TV Vijesti Ombudsman, established in 2013.Vukovic, Dragoljub Duško (2013), Monitoring of Journalistic Self-Regulatory Bodies in Montenegro - First Report (September 2012 – March 2013). Podgorica: HRA (Human Right Action) Montenegro. The first of them is tasked with publishing reports and deciding on appeals. It also proposes itself as a mediator between media and dissatisfied customers even when the concerned media are not among its members (although this goes against the principle of self-regulation). Observers have detected instances of political bias in its work.
Professionalism among journalists is not widespread. Ethics principles are often breached, e.g. in terms of presumption of innocence, trial outcomes, misleading titles, and discredit of competitors. Media reports are rarely balanced.
Journalists are entitled to the protection of their sources, although this is not recognised by the Code of Journalists’ Ethics. Journalists' privilege is also often not respected by public authorities. The chief editor of Dan was asked in 2012 by the state prosecutor to reveal his sources on possible instances of corruption in the previously state-owned telecom company, during a trial for revelation of state secrets.
Media environment Montenegro has a diverse media environment for a small country, with around 24 television stations, 54 radio stations, 5 daily print outlets, 3 weeklies, and 30 monthlies.
Public service broadcaster
The public broadcasting organization in Montenegro is the state-owned Radio and Television of Montenegro (RTCG/РТЦГ), comprising Radio Montenegro and Montenegro Television. RTCG is a full member of the European Broadcasting Union since the country's independence in 2006. RTCG is regulated by the Law on Public Radio-Diffusion Services, requiring it to serve the interests of all Montenegro citizen, regardless of their political, religious, culture, racial or gender affiliation.
RTCG is managed by a Council of 9 members, who are experts proposed by civil society organisations and appointed by the Parliament by simple majority. The RTCG Council appoints the Director General of the RTCG and advocates in the public interest. Although its nomination procedure should ensure the independence of the Council, the fact that some of the nominating organisations receive state funding has led the OSCE and the Council of Europe to express concern about their lack of independence from the government coalition.OSCE, PACE (2013), Montenegro, Presidential Election, 7 April 2013: Statement of Preliminary Findings and Conclusions. Podgorica: OSCE, PACE.
RTCG is widely seen as dependent from the Government,AIM and Methodology of the Research (2012), Citizens’ Views on Media Freedoms in Montenegro. Report. particularly after allegedly politically motivated dismissals of journalists in 2011. RTCG does not pay a broadcasting licence fee and is financed directly from the State budget (1,2% of the budget) as well as from advertising revenues (for a limited airtime) and sales revenues. Its finances have been in trouble lately, and it edged bankruptcy in 2012, further endangering its independence credentials. RTCG's financial viability is often at risk and relies heavily on the government as its primary source of funding. RTCG's debt stock (€2.4 million) was covered by the state budget in 2014.
Media market Electronic media should inform the national regulator (AEM) of their ownership structure. Yet, no requirement are present of disclosure to the public, which is thus often unaware of real ownership structures. Information on ownership of foreign-based entities operating Montenegrin media is also not provided.
Media in Montenegro are funded by advertising revenues, the sale of own productions and other sources. State aid funds may be distributed, in accordance to the Law on the Media, for the production of educational, cultural, or minority media. The government-appointed Commission for the Control of State Aid found no irregolarities in the distribution of such subsidies in 2012.
State advertising is distributed without clear criteria and this raises concerns. In 2012, 89% of the funds for press advertisement by Ministries went to the daily Pobjeda, majority owned by the state. The public procurement law is not properly applied to advertisement services, and data are not available on the official web-portal.
The financial crisis has hit hard on Montenegrin media, with deteriorating economic viability of private media outlets. IN TV, previously hosted the most watched news programme, closed down in 2012. Its journalists are still in court for recovering due payments. Other media are still allowed to work by the national regulator AEM, notwithstanding their debt situation, raising concerns on favoritism and political pressures. The least-developed North was particularly affected by the effects of the crisis on the media industry.
A high number of media in a small market such as Montenegro's endanger their viability and sustainability. This is particularly true for electronic media, who have higher production costs and who have to pay a broadcasting fee. IREX (2013), Europe & Eurasia. Media Sustainability Index 2013: Montenegro . Podgoritsa. Dire financial conditions are deemed conducive to self-censorship.