ЗАШТИТНИК ЈАВНОГ ИНФОРМИСАЊА КАО БРАНИЛАЦ МЕДИЈСКЕ ПРОСВЕЋЕНОСТИ
THE PROTECTOR OF PUBLIC INFORMATION AS A DEFENDER OF MEDIA ENLIGHTENMENT

Summary/Abstract: The media are subjects of the legal order with duty to provide unbiased and truthful public information. All media are subject to public interest, but the content of public interest differs depending on the type of media. As a result of rendering the democratic society and the rule of law meaningless and inconsequential, there is abuse of freedom of public information. The question is no longer how to ensure the independence of the media from public authorities but how to ensure that the media serve the purposes of a democratic society and bring enlightenment in the public sphere. On the other hand, there is a challenge to preclude the arbitrariness of independent public authorities in the process of monitoring the media activities, which is a fatal disease in the state of law (Rechtsstaat). In the field of public information in the Republic of Serbia, there is an institutional imbalance between independent subjects of bodies in the field of public information. Considering that an effective legal form of control over the work of these independent public bodies has not been instituted yet, the establishment of the Protector of Public Information (Ombudsman), as a defender of media enlightenment, would be a positive step in the direction of establishing an institutional balance. The Ombudsman for Public Information (hereinafter: the PI Ombudsman) would be elected by the National Assembly from among prominent media professionals, based on the proposal of the journalists’ association. The PI Ombudsman’s activities would entail control of the activities of the Regulatory Body for Electronic Media (REM), media and other public information entities. The PI Ombudsman would not have the authority to impose legal sanctions but the exercised control of the activities of public information entities would enable the Ombudsman to issue warnings and recommendations to the Regulatory Body and the media, as well as to file motions to the competent authorities on observed or established irregularities, especially concerning the REM activities. Based on the radiating effect that may be exerted by the reputation of this independent public body, the actions of the Ombudsman for Public Information would aim to remove the arbitrariness of the media and the Regulatory Body for Electronic Media, as a necessary precondition for the development of an enlightened public sphere based on polite and reasoned discussion.

• Details
• Contents