REM (Regulatory Authority of Electronic Media)

The REM from Serbia is established as a Serbian autonomous and independent organisation exercising public competencies pursuant to the Broadcasting Law, with the aim to secure conditions for the efficient implementation and improvement of the set broadcasting policy in the Republic of Serbia in a manner befitting a democratic society.

The Broadcasting Law was adopted on 27 July 2002 stipulating conditions for and manner of conducting broadcasting activities, as well as determining terms and procedures for the issuance of licences for broadcasting radio and TV programmes.

The REM is an autonomous legal person and is functionally independent of any state body.

Nine members, appointed by the National Assembly of the Republic of Serbia, compose the REM Council. Council members are media experts, advertising experts, lawyers, economists, telecommunication engineers etc.
Members are nominated by the competent committee of the National Assembly of the Republic of Serbia, Assembly of Autonomous Province of Vojvodina, University conference, associations of public media outlets in Serbia, domestic non-governmental organisations and civic organisations primarily focusing on the protection of the freedom of speech, traditional churches and religious communities and one member residing and employed in the territory of the Autonomous Province of Kosovo and Metohia.
The Council Members do not represent in the Council the bodies or organisations which nominated them.

Around 65 people work in the REM services, with the main task to control the work of broadcasters and manage the work of the Agency.

The role and mission of the REM can be classified as follows:

Competencies, powers and duties:

The Agency is competent for:
1) Passing the broadcasting development strategy in the Republic of Serbia with the consent of the Government of the Republic of Serbia;
2) Controlling and ensuring the consistent application of the provisions of the Law;
3) Issuing broadcasting licences and prescribing the licence form;
4) Setting technical, organisational and programming conditions for the production and broadcasting of programmes pursuant to the provisions of the Law;
5) Prescribing rules binding on broadcasters which ensure the implementation of the broadcasting policy in the Republic of Serbia;
6) Supervising the work of broadcasters in the Republic of Serbia;
7) Considering submissions filed by natural and legal persons and complaints of broadcasters concerning the operation of other broadcasters;
8) Delivering to the competent state bodies its opinions with regard to accession to international conventions related to the broadcasting sector;
9) Imposing adequate sanctions against broadcasters in keeping with the Law;
10) Performing other duties in accordance with the Law.

The Agency is also competent to take measures in the broadcasting sector with the aim of:

1) Protecting minors;
2) Enforcing regulations on copyright and neighbouring rights;
3) Preventing the broadcasting of programmes which contain information inciting discrimination, hatred or violence against an individual or a group of individuals on grounds of race, religion, nationality, ethnicity or sex.

The REM issues a licence for the broadcasting of programme via terrestrial, cable or satellite transmission, either digital or analogue, in a public procedure and according to criteria laid down by the Broadcasting Law. A broadcasting licence is not required for broadcasting via the global information network (Internet webcasting), but applies to the programme content.

The broadcasting licence issued on public tender determines the programming and technical standards for the production and broadcasting of radio and television programmes. These licences are issued at the National, Autonomous Province of Vojvodina, Regional and Local level. Licences for cable or satellite broadcasting of programmes are issued without calling a public tender at the request of the Operator.
The licences to broadcast a radio and/or television programme are issued for a period of eight years.

The Agency supervises the work of the broadcasters itself and focuses on the broadcasters’ overall compliance with the terms and conditions on which they were issued the licence, particularly with regard to general programme standards. Broadcasters are obliged to allow the Agency insight in the data and other documentation related to the subject of the supervision.
Sanctions

The Agency may issue the broadcaster a reprimand or a warning and may temporarily or permanently revoke its broadcasting licence. Exceptionally, public broadcasting service institutions – which are not obliged to acquire a broadcasting licence from the Agency – may only be issued a reprimand and a warning.
The REM may initiate proceedings against a broadcaster or the broadcaster’s responsible person with a court of competent jurisdiction or another state body if the broadcaster’s act or failure to act has the character of an offence punishable under the law.

The Agency passes recommendations, instructions, binding instructions and general binding instructions for broadcasters to ensure the efficient implementation of the broadcasting policy in the Republic of Serbia.
– Recommendations – are passed in the event of inconsistent permitted practice on part of the broadcasters in respect of the programme content;
– Instructions – are passed if there is doubt whether the manner in which a broadcaster or a group of broadcasters is using the licence pertaining to programme content, is permitted or not;
– Binding instructions – are established if the broadcasters’ conduct in regard to certain issues regarding programme content is inconsistent whereby certain types of such conduct are deemed impermissible;
– General binding instructions – are passed in order to regulate certain issues regarding programme content in greater detail, regardless of the existing practice of the broadcasters. The general binding instruction may pertain to a specific issue regarding programme content, a number of related issues, or all issues in respect of programme content (broadcasters’ code of conduct).
Non-compliance with a binding instruction gives grounds for pronouncing a reprimand or a warning to the broadcaster, while non-compliance with a general binding instruction is the basis for pronouncing any sanction the Agency is empowered to pronounce.
Furthermore, the REM decides upon submissions with regard to a broadcaster’s programme contents if they deem these programmes to be violating or endangering their personal interests or the public interest, as well as a complaint about the conduct of another broadcaster which has inflicted or may inflict it damage.

The REM ensures the protection of minors and the respect of human dignity in programmes broadcast via radio and TV; application of regulations on copyrights and neighbouring rights; ensures that the broadcasters’ programmes do not contain information inciting discrimination, hatred or violence against an individual or a group of individuals on grounds of different political affiliation or of race, religion, nationality, ethnicity, sex or on the grounds of sexual affiliation.

The REM delivers its opinion to the competent state bodies at their request and with regard to accession to international conventions and other agreements related to the broadcasting sector.
The Agency cooperates with relevant international organisations with the aim of exchanging opinions, improving its work and conforming it with international experience and standards.

The REM is a member of:

Broadcasting is a relatively new area in the Republic of Serbia. The REM had a difficult task of introducing order in this area that had not previously been regulated by legislation.
Since 2005 the Council adopted the Broadcasting Development Strategy until 2013, completed the transformation of public broadcasting service in the Republic of Serbia; elaborated all necessary conditions for public tenders, envisaged by the Radio Frequency Allocation Plan for the awarding of new broadcasting licences, as well as monitoring the radio and TV programmes; cooperated with the National Assembly and Government of Republic of Serbia, Republic Telecommunications Agency, professional journalist associations and associations of broadcasters, as well as actively worked in regional and international networks and associations.
Immediately following the recording of the number of radio and TV stations that operated in the territory of Serbia, over 755 of them, public tenders for the issuance of licences were launched, in order to bring order into the broadcasting sector. The RTV licence issuing process is close to completion. So far licences have been issued at the National, Autonomous Province of Vojvodina and Regional level and ongoing public tenders for the Local level is about to be finished.
The REM published the General Binding Instructions for Broadcasters (Broadcasters’ Code of Conduct) related to programming conditions, which simplify the work of broadcasters and explain more precisely the Broadcasting Law articles.

The members of the Republic Broadcasting Agency

The REM Council is composed of 9 members, of which three members are appointed to six, three members to five-year and three members to four-year terms of office.
All Council members are appointed by the National Assembly of Republic of Serbia. They do not represent the bodies or organisations which nominated them, but fulfil their duties independently, to the best of their knowledge and conscience.
The tenure of the Council members who are appointed at the proposal of the competent committee of the Assembly lasts six years, the tenure of the Council members who are appointed at the proposal of the Assembly of the Autonomous Province of Vojvodina, university rectors, churches and religious communities lasts five years, while the tenure of the remaining Council members lasts four years.

• Olivera Zekic, president
• Goran Petrovic, vice-president
• Aleksandra Jankovic, member
• Aleksandar Vitkovic, member
• Radoje Kujovic, member
• Višnja Arandjevic, member
• Judita Popovic, member
• Milorad Vukasinovic, member
• Bozidar Zecevic, member
• Radoje Kujović, member