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MEDIA CENTER - MEDIA LAW PROGAM

Action Plan for 2001 (Extract)

The principal activities under the Media Law Program are an overall completion of the media legal framework in the Republic of Macedonia, ; a reconciliation of the existing media legislation with European Union standards; and providing direct legal assistance to the media and journalists in the Republic of Macedonia.

In order to accomplish the Program goals, three sub-programs were established in which a number of specific projects are to be completed. All of the sub-program activities are integral parts of the general strategy of the Media Law Program and the project activities of each of the sub-programs are in direct correlation in order to ensure the full use of all available capacities. The Law Program consists of the following sub-programs:

1. Lawyers' Network

2. Legislative Screening/Monitoring

3. Media Law Education/Training

  A. Lawyers' Network Sub Program¶

• Sub-Program Overall Description:

The main goal of this sub-program is to provide regular and adequate services for all journalists and media in the country by establishing a Lawyers’ network. The sub-program activities are implemented in the three following phases:

1. Training of the lawyers and promotion of the Network;

2. Developing of the Lawyers’ Network and web database, and installing a system for reporting and evaluation;

3. Activating the Lawyers’ Network: Providing a comprehensive legal assistance service

Initially, a group of 10 experienced lawyers were trained for professional media and journalist legal assistance. Therefore, the main project carried by the Network is the Legal Assistance to the Media Professionals, where the lawyers provide on-site and court protection to the journalists and media outlets that are under attack from the institutions, centers of economic and political power, or by individuals. In practice, the Network provides legal advice for the journalists and media, as well as legal assistance in court procedures and other administrative bodies. The Network will not provide assistance in cases of disputes among the media themselves.

There are two methods of activating the Network: a) after a direct call/demand for legal assistance by the journalists and media themselves, and b) when the Network identifies a case of violation of the right of freedom of expression, based on the legislation monitoring findings that the Network performs on an everyday basis. Furthermore, for the purposes of improved and prompt communication, i.e. the exchange of information and experience among the lawyers' network members, as well as with the other interested parties, an Internet web-based database has been established. Geographically, the lawyers act through a carefully scheduled plan for the major Macedonian cities, where bigger media infrastructures are present.

• Specific Project Proposal:  

Project Name: Court Cases/Strategic Litigation
Project Period: a twelve-month initial period

• Introduction

One of the main activities of the Network will be providing legal assistance for the journalists and media in court cases. One of the reasons for such a project is the fact that recently journalists and media have been faced with a lot of complaints and prosecutions as a consequence of their professional engagement. In the majority of the cases against media and journalists, the complainants are officials from governmental institutions. The lack of a law that will regulate the procedures and rights on access to information from the Governmental institutions and public administration is one of the reasons for such an enormous number of court cases. Although starting a court procedure against the media or a journalist does not mean that they will be condemned, the very start of the procedure itself is a great pressure for the journalist for several reasons: Firstly, most of the cases are defamation cases, in which according to Macedonian legislation, if the journalist wants to be released from the accusation in a court procedure, he/she must prove that the published information is correct. Having in mind that no body in the governmental institutions and public administration is obligated to give information, the position of the journalist is very difficult. Secondly, the journalists and media are not financially capable to cover the costs for the court procedure or the lawyer's reward. In situations like this it is very likely that journalists will see no other way out than to draw back the information/news. For the benefit of the freedom of information the Lawyers’ Network will carry out this procedure on a basis of providing free legal assistance, which will enable journalists and the media to feel more free in accomplishing their professional tasks and obligations to provide information to the citizens. The Lawyers’ Network in coordination with media professionals will start some strategic litigation in order to help in eliminating some of the common problems and obstacles which the media and journalists are facing.

• Project Implementation:

B. Legislative Monitoring Sub-Program

• Program Overall Description:

The main activities of this sub-program are the monitoring, analyses and expertise of the domestic media legislation, the monitoring of international rules in this area, as well as comparative analyses of Macedonian legislation towards other countries in the region. Under this sub-program frame as a logical follow-up to the above-mentioned activities initiatives for improving the existing media legislation or drafting new laws and regulations shall arise. These sub-program initiatives will be performed by a Network coordinating body consisting of legal and sociological experts, Lawyers’ Network members, journalists and international experts.

As a result of the gained experience from the practical operation of the Lawyers’ Network a need of establishing legislation monitoring was determined to be performed on a regular basis. Based on the fact-findings from the actual practice from the application of the media law the Network determined that a general improvement of the existing media law is needed. For these purposes a specific sub-program was established with the following activities/initiatives:

• Specific Project Proposal:  

Project Name: Expertise/Analyses of the Current Laws related to the Media in the Republic of Macedonia

Project Duration: eight (8) months (preparation and coordination 2months  + active work 6 months)       

• Introduction

Since the Government of the Republic of Macedonia is going to launch a Draft-Law on Public Information, the Network coordinating body takes the initiative for an expertise of this Draft-Law as one of the current activities for this sub-program. Primarily, to the initiation of this project, the Network coordinating body determined that there is an imperative need for another project that will deal with the existing legislation directly related to the work of the media and media professionals. Mainly, the project activities will be focused on analyzing a list of relevant laws (eight), where different experts and media professionals will perform the expertise. They are: Law on Concessions; Law on Telecommunication; Law on Broadcasting; Law on Public Enterprises; Law on Trade Companies; Law on Local Self-government; Law on Copyrights and Related Rights; and Group of Laws related on Construction and Urban Planning.

The experts will be divided into two working groups that in a period of six months of active work will process their final conclusions and produce a final report containing recommendations for certain changes or addenda to the current legislation in order to enhance the legal environment for the work of the media and media professionals.

• Method of Project Implementation:

The project will be performed in three phases as follows:      

I.  Establishing a Working Team, Work Planning and Coordination (one month)

The working team will consist of thirteen experts and media professionals, as follows: four lawyers – members of the Lawyers’ Network, two law experts, one judge, one telecommunication expert, one electronic media owner, one printed media owner, one copyright expert and two journalists. In the first month the group will have one coordinating meeting in which the working methodology will be specifically defined. The methodology will be recorded in written form and will be part of the final report. Also, on this first meeting the team will be divided into two working groups where two different aspects will be analyzed: a) laws related to the technical aspects of the media work; and b) laws related to certain statuses of the media. Afterwards, a more general Round Table discussion is planned to be organized where more experts, journalists and other professionals will be invited to express their opinion or suggestions on the current situation and propose solutions or recommendations. The minutes from this Round Table discussion will be a good basis for starting with the work of the two working groups.

The members of the working team are planned to be divided into the two working groups as follows:

• 1st Working Group – dealing  with the laws related to the technical/broadcasting aspects of the Media work: Law on Telecommunication; Law on Broadcasting and the Group of Laws related on Construction and Urban Planning.
  Members of the 1st Group: two Networking Lawyers serving as coordinators of this Group, one telecommunication expert, one law expert, one electronic media owner and one journalist.

• 2nd Working Group – dealing with the laws related to the statuses of the Media: Law on Public Enterprises; Law on Trade Companies; Law on Concessions; Law on Local self-government and Law on Copyrights and Related Rights.
  Members of the 2nd Group: two Network Lawyers serving as coordinators of this Group, one copyrights expert, one law expert, one judge, one printed media owner and one journalist.

II. Analyses and expertise of the Laws (six months)

The duration of the second phase is planned to be a six-month period, during which the members of the working groups will work according to previously adopted methodology on expertise and analyses of the listed laws. Each of the members of the working groups will perform a certain part of the phases individually and make overall conclusions on a team basis. In this period three coordinating meetings and one additional Round Table discussion are planned to be organized. Mainly, the overall coordination and work recording will be performed by the Networking Lawyers – two in each of the groups, with direct assistance from the Center. 

III. Preparation and Issuance of a Final Report (one month)

The third phase will involve the preparation and issuance of a final report in form of a guide. In this report experts as references will give recommendations and suggestions how existing media legislation can be upgraded: through changing or amending some of the laws, drafting new ones or other ways and methods.   The period planned for producing and issuance of the final report is one month.

C. Media Education/Training

• Program Overall Description:

The reason for establishing this sub-program is the lack of media law education in any of the existing educational institutions in the Republic of Macedonia. Under the frame of the planned activities of the sub-program is the establishment of a system of continual education and training in the Media Law for lawyers and journalists/media professionals. Therefore two separate educational programs will be established:

1. Media Workshops for Lawyers, Judges and Public Prosecutors

2. Media Law Training for Media professionals.

• Specific Project Proposal:   

Project Name: Media Law Training for Media Professionals
Project Period: nine months - pilot project period

This training project is planned to be organized on a basis of a series of short seminars, continually organized during the entire year, where mostly international media experts and the members from the Lawyers’ Network and the Network coordinating body will serve as trainers/lecturers. For the purpose of training an adequate curriculum/program will be prepared. For the initial/pilot project period a total number of 60 participants are to be trained in three series of seminars.

For the purpose of this training the Center will prepare a General Manual on media law for journalists/media professionals in a circulation of 1,000 copies. This Manual will serve as a basis for the educational process and afterwards additional educational material will be produced.

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