Article 21 Freedom of Expression and Opinion and Access to Information

237. The Republic of Serbia reiterates the opinions stated in paragraphs 394-400 of the Second Periodic Report on the Implementation of the International Covenant on Civil and Political Rights (CCPR/C/SRB/2).

238. Within the sector in charge of information, the Ministry of Culture, Media and Information Society shall undertake measures and activities for undisturbed exercise of rights to freedom of expression and opinion, and access to information by persons with disabilities and propose regulatory framework, co-finance programmes and projects and supervise the application of law.

239. The Ministry of Culture, Media and Information Society shall be in charge of proposals for the laws to provide undisturbed functioning of the public information system. ⁴⁸

Note #48

The Law on Public Information (Official Gazette of RS, Nos. 43/03,61/05,71/09 and 89/10- amended by the Decision of the Constitutional Court) and the Broadcasting Act (Official Gazette of RS, Nos. 42/02, 97/04, 76/05 , 79/05 – amended by other laws, 62/06, 85/05 and 41/09) are within the competence of the Ministry.

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240. The Law on Public Information (LPI) guarantees the right to public information to all citizens. This Law governs special protection of the right to information for persons with disabilities, handicapped persons and persons with special needs (Article 5). Based on this provision, the Republic, the autonomous province and local self-government, respectively, shall be obliged to provide a part of funds or other conditions for undisturbed exercise of the rights of persons with disabilities to public information, free receipt of ideas, information and opinions.

241. The Ministry of Culture, Media and Information Society shall issue annual tenders for co-financing of projects/programmes from the field of public information to support also the projects contributing to increase of quality of information to persons with disabilities. In 2009, through the tenders, the funds in the amount of RSD 1,736,493.00 had been allocated, and in the amount of RSD 1,698,850.00 outside the tenders. A separate tender for co-financing of programmes/projects intended for persons with disabilities was issued for the first time in 2010, allocating the funds in the amount of RSD 1,977,628.00. The funds specified in the budget of the Republic of Serbia in 2011 for this purpose amounted to RSD 5,000,000.00.

242. The Broadcasting Act prescribes special obligations of the holders of the public broadcasting service, which are obliged to produce and broadcast the programmes intended to all segments of the society, without discrimination, taking into account in particular specific social groups, such as children and youth, minority and ethnic groups, handicapped persons, socially vulnerable and persons of poor health, the deaf and dumb (there is an obligation to broadcast in parallel the written text of the description of sound segment of actions and dialogues (Article 78 paragraph 1, item 2)). The independent regulatory body, the republic Broadcasting Agency, shall control the implementation of the provisions of the law by broadcasters.

243. The Law on Free Access to Information of Public Importance ⁴⁹ does not establish any special obligation for the authorities to secure for persons with disabilities direct communication in the sign language or in the form of Braille alphabet, but it is prescribed that the persons unable to review the document containing the required information without an attendant shall do it with the assistance of an attendant (Article 16 paragraph 8).

Note #49

Published in Official Gazette of RS, Nos. 120/04, 54/07, 104/09 and 36/2010

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