Centre for Civic Education (CCE) warns that certain proposed amendments to the Code of Journalists of Montenegro may diminish existing professional standards and open space for abuses.
CCE assesses as positive the amendments contained in the guidelines for the interpretation of the principles, which provide detailed guidance on maintaining the highest professional and ethical standards, defining the duty of journalistic diligence, right to be forgotten, as well as reminding of the journalist’s right to refuse a task that is contrary to the ethical code, and the editor’s obligation to inform the journalist about any interventions made in his/her text. Furthermore, the Code is well supplemented in the part relating to the use of social media and artificial intelligence, as well as concerning comments on the internet.
However, there is also a series of amendments which CCE considers to be unfounded or even dangerous in various respects.
CCE points out that the proposed amendment to Principle 2, according to which the formulation „facts are inviolable for a journalist“ would be replaced with “facts should be sacred to a journalist”, is not appropriate due to religious connotations, while the existing formulation clearly and professionally emphasises the importance of the accuracy of information.
Also, from Principle 4, the deletion of the provision on gender orientation as a characteristic that should not be emphasized unless it is in the public interest has been proposed. CCE considers that, in a society where intolerance and prejudice toward the LGBTIQ+ community are still present, removing this provision would represent a step backward in protecting against discrimination. The guidelines for this principle warn that the media must not publish content that incites hate speech on various grounds, and the characteristic of gender identity is retained there, but it is essential that it also be part of the principle itself.
Amendments are proposed to Principle 5, which relates to methods of information gathering. And while the content of the principle itself calls for the use of methods permitted by law, in the part relating to investigative work an amendment is introduced stating that the use of hidden cameras or other electronic means for covert investigations is acceptable only for the purpose of reporting on issues of significance to the public interest and when it is not possible to use other methods. CCE believes that the previous formulation, which states that the use of hidden cameras is permitted in accordance with the law, is better, because the interpretation of the public interest can be subjective, and it is not good for this to lead to a breach of the law, as this places journalists themselves in jeopardy.
It is also proposed that, from Principle 6, which speaks about the protection of sources, the obligation of the journalist to verify the motives of the source before promising anonymity to be removed. CCE reminds that, in journalistic practice, verifying the motives of a source is one of the key obligations because it can verify the accuracy of the information, as well as the context in which that information may potentially be used and for which reason it may be given. The verification of the motives of the source is contained in the guidelines for the interpretation of Principle 1 in the part “Treatment of sources”, which is well designed in the proposed amendments, but it is necessary to keep that formulation as an obligation in the principle itself.
Further, CCE considers that the change to Principle 7, by which the obligation that journalists „treat with utmost care the private life of individuals“ would be replaced with the softer formulation „a journalist must take into account the right to privacy“, weakens the protection of citizens’ privacy at a time when information is easily accessible and often abused. CCE also regrets that supplements were not made to this principle so as to regulate more closely reporting on cases of domestic violence and their court follow-ups, because previous practice indicates the need to better protect the rights of the victim during reporting.
From Principle 8, it is proposed to remove the obligation of journalists to protect the integrity of members of marginalised and vulnerable groups, and CCE believes that this formulation is necessary because it is precisely these groups that most often suffer serious consequences of sensationalist reporting.
The most problematic are the amendments to Principle 9, which relates to reporting on investigative and court proceedings, by which it is proposed that the obligation to respect the presumption of innocence until the contrary is proven be replaced with the formulation „a journalist must not decide in advance on the outcome of a court proceeding“, with the addition of the sentence: „Journalists have the duty and responsibility to report on various facts and circumstances related to a particular case.“ The guidelines also provide the formulation that „journalists will acknowledge that a person is legally considered innocent until their guilt is proven by a final court decision, even if they have admitted guilt“. However, journalists do not have the possibility to acknowledge the presumption of innocence, but they have the obligation to respect it.
This can lead to a departure from legal and European standards and would worsen the increasingly present practice of sensationalist reporting on different stages of proceedings, which fosters a climate in which the public assumes the role of the courts. CCE emphasises that journalists must respect the presumption of innocence until guilt is proven by a final judgment, regardless of the positions of individual actors.
CCE calls on all those participating in the final shaping of this document to carefully consider all suggestions in order to ensure that the Code of Journalists of Montenegro remains based on professional, ethical and universal values of journalism, in line with the best European practice. In that context, the CCE will send proposals and suggestions also to the authors of this document.
The draft revised Code of Journalists was presented today at a discussion organised by the Council of Europe in Podgorica, within the project „Protection of Freedom of Expression and of the Media in Montenegro“, implemented by the CoE Programme Office in co-operation with the OSCE Mission. It was emphasised that the process was conducted with the participation of self-regulatory bodies, as well as domestic and international experts, with the aim that the document reflects contemporary challenges and changes in the digital environment, all to provide journalists with support in preserving high ethical standards and the integrity of information in this demanding time for the profession.
Željka Zvicer, Programme Associate