• 2025-11-28

Working Group on Amendments to Media Laws and the New Media Strategy: A Closed Process Without Guarantees of Integrity or Genuine Reform

National Convention on the European Union (NCEU)

The National Convention on the European Union (NCEU) expresses its deep concern regarding the manner in which the Ministry of Information and Telecommunications (the Ministry) has initiated the formation of working groups tasked with drafting legislation aligned with the European Media Freedom Act (EMFA), as well as the development of a new Media Strategy for the period 2026-2030.[i] This process is presented as a reform effort aimed at meeting European standards. However, in practice, it is burdened by serious shortcomings that run counter to the very spirit of EMFA and the fundamental principles of transparent and participatory policy-making.

Therefore, the NCEU calls on the Ministry and other competent institutions to:

• Publish the baseline analysis, problem assessment, and public policy concept before continuing the work of the working groups;
• Ensure the urgent selection of a new, independent REM (Electronic Media Regulator) Council before any drafting of legislation begins;
• Guarantee that the reform process is conducted in accordance with European standards, particularly with respect to regulator independence, public service autonomy, and the prevention of political influence over the media;
• Once these conditions are met, reopen the process transparently, with a public call issued by the Ministry for Human and Minority Rights and Social Dialogue, thereby enabling participation of independent media organisations, journalists’ associations, academia, and experts.

Without these steps, the announced reforms amount to nothing more than a simulation of EU integration – without any genuine intention to improve media freedom, independence, or pluralism in Serbia.

An Illegitimate Start to “Reform”: No Baseline Analysis, No Problem Assessment, No Public Consultation

The Ministry announced the formation of working groups without first developing the required baseline study, without providing any publicly available assessment of the current situation, existing challenges, policy goals, or available options – all of which are mandatory components of any systemic reform. Media sector reforms belong among the most sensitive processes in any democratic society, with direct consequences for democracy, pluralism, and freedom of expression. Such processes cannot be initiated without a clearly defined concept, methodology, and open public consultation.

Despite this, the Ministry moved directly to forming working groups – a step suggesting an intention to retain control over the content and direction of the reform rather than to establish an open dialogue with the professional community. In addition, the Ministry has placed this step within the context of Serbia’s Reform Agenda, even though the adoption of EMFA-aligned legislation is not explicitly listed as an obligation in that document.

It is important to note that EMFA became fully applicable in EU Member States only on 8 August this year, and no implementation reports have yet been published that might reveal challenges relevant for policy adaptation. Moreover, not a single EU candidate country has yet adopted legislation aligned with EMFA, leaving open several questions regarding the implementation of certain EMFA instruments outside the EU regulatory space.

Finally, Serbia has not aligned its legislation with other relevant EU acts that are prerequisites for the successful implementation of EMFA provisions – such as the Digital Services Act (DSA), which regulates algorithmic transparency, among other issues. The absence of any legal standards on algorithmic transparency, and the lack of mechanisms for the protection of media content on platforms, indicate a broader lack of institutional readiness for EMFA standards in the digital environment.

Invitations Sent to GONGO Organisations: A Process That Excludes the Independent Civil Sector

According to publicly available information, invitations to join the working groups were primarily extended to organisations affiliated with or close to the government (GONGOs), while the relevant, experienced, and independent civil society organisations that have long worked on media freedom, human rights, and digital policy were largely excluded.

Such selective participation undermines the basic principle of inclusiveness and clearly indicates an intention to transform the working groups into a formal, but not substantively participatory, mechanism. The European Media Freedom Act explicitly emphasises the need for independence, transparency, and the inclusion of all relevant stakeholders in policy-making processes that directly affect media freedom. The Ministry’s actions run directly counter to these standards.

Security Risks and Institutional Weakness: REM Still Without a Newly Appointed Council

At the very moment when new media policies are being announced, Serbia still lacks a fully constituted and legitimately appointed REM Council. A vacant, illegitimate, or politically dependent REM renders any media reform process fundamentally compromised. EMFA standards explicitly require independent and professional regulatory bodies as a cornerstone of media pluralism. Serbia does not meet this requirement.

Proceeding with key reforms without a functional REM is nothing short of institutional simulation, not genuine alignment with European media standards.

Instead of Genuine Reform, the Announced Process Risks Producing:

• superficial and formal transposition of EMFA without meaningful guarantees of media independence;
• legislation that preserves political control over regulators, public service broadcasters, and the allocation of public advertising funds;
• a Media Strategy that reflects the interests of political and affiliated economic power centres, rather than the needs of the media sector or the public.

These approaches – closed processes, involvement of organisations without independent credibility, lack of problem analysis, and the unresolved status of REM – are precisely the structural weaknesses that EMFA seeks to address across Europe.

Source: NCEU