MONTENEGRO
Negotiating Team for the Accession of Montenegro to the European Union
Working Group for Chapter 10 – Information society and media
Bilateral screening: Chapter 10
PRESENTATION OF MONTENEGRO
Brussels, 21-22 January 2013
Chapter 10: Information society and media
PUBLIC BROADCASTING
Valentina Scekic
Deputy Director General
Radio and Television of Montenegro
[email protected]
MONTENEGRO
Negotiating Team for the Accession of Montenegro to the European Union
Chapter 10: INFORMATION SOCIETY AND MEDIA
Chapter 10: Information society and media
Relevant Acquis
Protocol on the system of public broadcasting in the Member States
annexed to the Treaty establishing the European Community by the Treaty
of Amsterdam amending the Treaty on the European Union, the treaties
establishing the European Communities and certain related acts
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Negotiating Team for the Accession of Montenegro to the European Union
Chapter 10: INFORMATION SOCIETY AND MEDIA
Chapter 10: Information society and media
National Legislation

Electronic Media Law
(OG MNE, No. 46/10, 40/11, 53/11)

Law on Public Broadcasting Services of Montenegro
(OG MNE, No. 79/08, 45/12)
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Negotiating Team for the Accession of Montenegro to the European Union
Chapter 10: INFORMATION SOCIETY AND MEDIA
Chapter 10: Information society and media
Contents
 Institutional framework
 RTCG Activity
 RTCG Obligations
 RTCG Accountability
 RTCG Independence
 RTCG Funding
 RTCG Management
 RTCG Statute
 Future Activities
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Negotiating Team for the Accession of Montenegro to the European Union
Chapter 10: INFORMATION SOCIETY AND MEDIA
Chapter 10: Information society and media
Institutional framework

Parliament of Montenegro

Ministry of Culture

Ministry of Finance

Agency for Electronic Media (AEM)

Radio and Television of Montenegro (RTCG)

Broadcasting Centre (RDC)
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Negotiating Team for the Accession of Montenegro to the European Union
Chapter 10: INFORMATION SOCIETY AND MEDIA
Chapter 10: Information society and media
RTCG Activity
 To be performed in compliance with law and international standards and rules in this
filed
 It includes the production and broadcasting 2 radio and 2 TV programs via terrestrial
broadcasting networks on the national and one TV program via satellite
 As of mid 2012 - activity expanded to include a new program „Parliamentary TV“ via
radio-diffusion frequencies and broadcasting communication networks
 RTCG may broadcast its programs via Internet
 RTCG programs to be available on the territory of Montenegro covering at least 85% of
population
 RTCG may also be involved in other activities, which provide for better use of its capacities
and in public interest, in line with this Law
 The change of the main activity and privatisation of RTCG may not be performed without
the consent of the Parliament of Montenegro
(Article 1, 4, 5, 6)
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Negotiating Team for the Accession of Montenegro to the European Union
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Chapter 10: INFORMATION SOCIETY AND MEDIA
Chapter 10: Information society and media
RTCG Obligations (1)

Adopt and comply with professional standards and program rules

Produce and broadcast programs with high professional standards

Its programs shall:

Serve as referent point in social integration and meet public interest on national and
local level

Be balanced in terms of program structure, which include informative, cultural,
educational, scientific, sport and entertaining programs

Ensure space for public discourse, free expression of different opinions and provide
space for all segments of society (children, the youth, minorities, disabled, and other)

Affirm and foster Montenegrin national and cultural identity, cultural and ethnic
identity of national and ethnic minorities, European cultural heritage and cultural
diversity

Affirm Montenegrin cultural heritage, cultural and art work, and widen knowledge on
different cultures presented in Montenegro & reflect different ideas & religious beliefs in
society, aimed at strengthening of understanding, tolerance & promoting of multicultural,
multi-ethnic and multi-confessional society of Montenegro
(Articles 9, 10) 8
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Negotiating Team for the Accession of Montenegro to the European Union
Chapter 10: INFORMATION SOCIETY AND MEDIA
Chapter 10: Information society and media
RTCG Obligations (2)
RTCG shall:
 promote fundamental human rights & freedoms, democratic values & institutions,
& pluralism of ideas, public dialogue culture, linguistic standards, privacy and dignity
of individuals
 promote development of democratic culture of society as well as civil society values
 inform the public on the events & matters of public importance in the country and
abroad in a truthful, complete, impartial and timely manner
 present and promote historical sources and material evidences on past
 promote development of Montenegro and Montenegro as ecological country
 inform the public on issues of importance for health of people, protection of citizens,
property, cultural heritage and environment
 ensure production & representation of cinematographic and audio-visual works
 provide equal presentation of political parties, coalitions & individuals, during the
election campaign, on the basis of separate regulations
(Articles 9, 10)
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Negotiating Team for the Accession of Montenegro to the European Union
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Chapter 10: INFORMATION SOCIETY AND MEDIA
Chapter 10: Information society and media
RTCG Accountability
Accountable to the public through:
 The procedure of appointment the RTCG Council
 Public and transparent work
 Duty to represent and protect public interests in the field of
information
 Publishing the Operation Bulletin in print or online version
 Prescribing and implementing the procedures that enables the RTCG
audience to submit the petitions and complaints concerning the RTCG
work
(Article 12)
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Negotiating Team for the Accession of Montenegro to the European Union
Chapter 10: INFORMATION SOCIETY AND MEDIA
Chapter 10: Information society and media
RTCG Independence
 Program Independence - ensured thorough independent:
 Program Scheme Determining (programming)
 Program Production and Broadcasting Organisation
 Editing and Broadcasting News and Current Events
 Organization of its Activities
 Independence of RTCG journalists
 To be independent in their work and act in the public interests
 May not be fired, punished in terms of reduction of salary, his/her job
may not be changed, and s/he may not be responsible for opinion or
position expressed in line with professional standards and program
rules
(Articles 13 & 14)
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Negotiating Team for the Accession of Montenegro to the European Union
Chapter 10: INFORMATION SOCIETY AND MEDIA
Chapter 10: Information society and media
RTCG Funding (1)
 Sources of funding :
 General Income of the Budget of Montenegro  Ministry of Finance
transfers funds to the RTCG on monthly basis, in compliance with special
Guidelines and formula 1,2% of the Current Budget for the specific year
 Advertising revenues
 Production & sales of audio-visual works (shows, movies, series..)
 Sponsorship of programs
 Organization of concerts and other events
 Budget of Montenegro, through the Ministry of Culture budget (for specific
purpose programs)
 Other sources in compliance with the Law
(Article 15, 16 & 17)
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Negotiating Team for the Accession of Montenegro to the European Union
Chapter 10: INFORMATION SOCIETY AND MEDIA
Chapter 10: Information society and media
RTCG Funding (2)
Sources of funding for program transmitting and broadcasting costs:
 Budget of Montenegro - for covering the costs of transmission and broadcasting
of RTCG programs via terrestrial systems, and electronic communications
networks without radio-frequencies, operated by RDC

Regulated by a contract between the Ministry of Culture and RDC, on a yearly basis

If agreement about the contract not reached – rights & obligations temporarily
regulated by the Agency for Electronic Media
 RTCG income - for covering the costs of transmission and broadcasting of its
programs via satellite systems
 RTCG income - as of mid 2012 also for covering a part of costs of transmission
and broadcasting of its programs via terrestrial transmission systems, which
are not covered by the budget of the Ministry of Culture.
 No new & sustainable source of funding identified for these costs
 Appeal submitted to the Constitutional Court of Montenegro
(Article 19)
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Chapter 10: INFORMATION SOCIETY AND MEDIA
Chapter 10: Information society and media
RTCG Management (1)
 Managing bodies include:
 RTCG Council
 RTCG Director General
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Negotiating Team for the Accession of Montenegro to the European Union
Chapter 10: INFORMATION SOCIETY AND MEDIA
Chapter 10: Information society and media
RTCG Management (2)
RTCG Council:
 Represents interests of the public & Independent of any state authority or
organisations & persons involved in the activity of production and broadcasting
of radio and television programmes or related activities
 Appointed and dismissed by Parliament of Montenegro under the procedures
clearly defined by the Law (rules, criteria, deadlines, duties & responsiblities)
 Term of office: five years, renewable for 2 mandates at most
 Has 9 members coming from the NGO Sector, University and Academia, Trade
Union, Olympic Committee, Chamber of Commerce, etc. The member of RTCG
Council must be a holder of a university degree and a resident of Montenegro
 Conflict of interest prevention measures: members may not be MPs, persons
elected, nominated, or appointed by the President, the Parliament or the
Government of Montenegro, officials of the political parties, RTCG employees,
persons who have stake in production of radio and television programs, etc.
(Articles 21-40)
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Negotiating Team for the Accession of Montenegro to the European Union
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Chapter 10: INFORMATION SOCIETY AND MEDIA
Chapter 10: Information society and media
RTCG Management (3)
RTCG Council in charge of:
 Adoption of the RTCG Statute
 RTCG Director General appointment and recall
 Adoption of all general acts related to program and professional standards
 Adoption of program-related documents and adoption of investment &
financial plans & reports
 Appointment of the Commission for RTCG audience’s Petitions & Complains
 Adoption of decisions on purchases, sale & mortgage of RTCG property as well
as decisions on bank loans and financial guarantees
 Approving DG’s decisions obliging RTCG to pay an amount exceeding the amount
determined by the RTCG Statute
 Approving on any change in the budget allocation, etc.
(Article 22)
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Chapter 10: INFORMATION SOCIETY AND MEDIA
Chapter 10: Information society and media
RTCG Management (4)
 Transparency of RTCG Council work – make public the following documents:
 Report on Work of the RTCG for previous year, with special emphasize on
implementation of program standards and realization of obligations
determined by the Law
 Report on financial operations of the RTCG for previous year, which contains
data on use of funds obtained from the budget of Montenegro
 Report of the authorized auditor on financial operations of the RTCG
 Deadline: until the end of June of current year the latest
 Channel: web site of the RTCG
 Authorized Auditor selected by the Council in line with the Law on Public
Procurement
 The Parliament shall recall the RTCG Council if it fails to publish at RTCG website, the
Financial Report of RTCG for the previous year and report of the auditor (Article 47)
 Sessions of RTCG shall be open to the public (Article 48 Para 5)
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Negotiating Team for the Accession of Montenegro to the European Union
Chapter 10: INFORMATION SOCIETY AND MEDIA
Chapter 10: Information society and media
RTCG Management (5)
RTCG Council member’s term of office termination - only in accordance with the
Law if one of the reasons fulfilled:
 expiry of the term of office
 by recall, due to the reasons prescribed by the Law
 by submission of written resignation to the Parliament, about which the both
RTCG Council & authorized nominator shall be informed not later than
within eight days
 upon the death of the member
(Article 41)
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MONTENEGRO
Negotiating Team for the Accession of Montenegro to the European Union
Chapter 10: INFORMATION SOCIETY AND MEDIA
Chapter 10: Information society and media
RTCG Management (6)
RTCG Council member’s Recall - only by the Parliament if one of the cases occurs:
 it is established that s/he has given untrue data about her/himself or has failed
to state data on circumstances important for the appointment
 fails to attend the RTCG Council meetings for the period longer than six months
 during her/his term of office, any of the circumstances related to the conflict of
interest prevention occurred
 s/he is not able to perform duties of the RTCG Council Member over a period
longer than six months, due to illness according to findings of competent
medical institution
(Article 42)
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Negotiating Team for the Accession of Montenegro to the European Union
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Chapter 10: INFORMATION SOCIETY AND MEDIA
Chapter 10: Information society and media
RTCG Management (7)
RTCG Council member Recalling Procedure:
 to be initiated by the Council or by the Working Body of the Parliament
 Parliament shall pass decision on RTCG Council member recalling only upon
completion of the procedure during which all relevant circumstances were
determined and during which the RTCG Council Member has been allowed to
explain all the circumstances
The Suspension of the RTCG Council member & Appointment of the new RTCG
Council member procedures - defined by the Law
(Article 43 - 45)
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Negotiating Team for the Accession of Montenegro to the European Union
Chapter 10: INFORMATION SOCIETY AND MEDIA
Chapter 10: Information society and media
RTCG Management (8)
 RTCG Director General’s duties & responsibilities (Article 49):
 Act on behalf and represent RTCG
 Organize and control the process of work and manage operations
 Ensure legality of RTCG work & implementation of program-related documents
and professional standards
 Propose general act on program and professional standards
 Propose program-related documents
 Propose general act on internal organization and job classification
 Propose working plans
 Submit reports and financial statements
 Propose decisions on the purchases, sale and mortgage of RTCG property, loans
and financial guarantees
 Appoint Directors of Radio and Television and other management staff
 Perform other duties regulated by RTCG Statute
Term of office: 4 years, renewable for one consecutive mandate at most
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Negotiating Team for the Accession of Montenegro to the European Union
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Chapter 10: INFORMATION SOCIETY AND MEDIA
Chapter 10: Information society and media
RTCG Statute
 RTCG Statute regulates:
 Internal organization
 Decision making and competencies of the RTCG Bodies
 Decision making procedures with regard to complaints by the RTCG
audience
 Publishing Bulletin, financial plans, program plans, reports, etc.
(Article 54)
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Negotiating Team for the Accession of Montenegro to the European Union
Chapter 10: INFORMATION SOCIETY AND MEDIA
Chapter 10: Information society and media
Future Activities

Implement RTCG Strategy 2011-2015  some of the objectives:
 To provide diverse and improved quality programs that meet
different public interest
 To provide synergy of Radio, TV and Portal
 Digitalization
 Strengthen Financial Stability and Independence

Ensure stabile funding and Implement RTCG Plan for Digitalization

Assess the need for amending Law on PBS in order to strengthen its
financial sustainability and effectively facing the challenges of the digital
broadcasting
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Negotiating Team for the Accession of Montenegro to the European Union
Chapter 10: INFORMATION SOCIETY AND MEDIA
Thank you for your attention
QUESTIONS