The protection of digital rights is one of the key issues of modern democracy and the rule of law. Accelerated digitalization must not be an excuse for violations of fundamental human rights, although this, unfortunately, is happening increasingly often in the online space. Montenegro continues to lag behind in aligning its legislative and institutional framework with the dynamic changes in the digital environment. These are some of the key points highlighted in the baseline study “Digital Rights in Montenegro” by the Centre for Civic Education (CCE),which provides an overview of the current situation in this field and points to the key challenges and shortcomings of the digital rights protection system.
The authors of the study are Aleksa Janković and Sara Čabarkapa, who is also the editor of the publication, while the collaborators are Itana Gogić, Snežana Bajčeta, and Mila Bajić.
The study emphasizes that digital transformation represents a continuous process that shapes the development of every state in the 21st century. Therefore, European Union member states, as well as candidate countries, have an obligation to respect principles in their online services and public administration systems that ensure an equal, democratic, and stable system – with equal access to information, effective protection of personal data, a sense of security, and full respect for human rights in the digital space.
The countries of the Western Balkans still do not have a clearly defined and comprehensive legislative framework for digital rights. Protection in the digital space is most often regulated partially, through strategies and action plans. Montenegro must continuously conduct monitoring, innovate, and improve the legislative framework in order to enable sustainable and responsible digital transformation.
Within the study, the protection of the right to privacy, freedom of expression, cybersecurity, as well as the situation according to reports of relevant domestic and international institutions were analyzed. International standards, monitoring mechanisms, and strategic documents in this field are also presented.
The study indicates that Montenegro does not have a comprehensive law that would regulate the digital rights of internet users, including freedom of speech, the right to be forgotten, protection from censorship, and online harassment, although such a normative framework is becoming necessary under conditions of accelerated digitalization.
The findings show that, although the General Data Protection Regulation (GDPR) has been formally incorporated into national legislation, its implementation remains insufficient, and additional reforms are necessary in order to fully align the law with EU standards. Special emphasis is placed on the need to strengthen the competencies and capacities of the Agency for Personal Data Protection and Free Access to Information (AZLP), as well as on establishing more efficient mechanisms for supervision of online platforms, in order to ensure better respect for citizens’ rights in the digital space.
As a positive development, it is highlighted that Montenegro has recognized the importance of special protection for victims of digital, especially gender-based, violence, and that through amendments to the Criminal Code a new criminal offense has been introduced – Abuse of Another Person’s Recording, Photograph, Portrait, Audio Recording, or Written Material with Sexually Explicit Content, also known as revenge pornography. This represents an important step forward in regulating gender-based digital violence and enabling victims to protect their digital and personal interests.
The recommendations include establishing clear protocols for recognizing and responding to various forms of digital violence, as well as developing special procedures for the police, prosecution, and courts, which currently do not exist or are not sufficiently precisely defined.
It is also recommended to introduce topics related to digital rights into the education system, so that students acquire knowledge about digital literacy, security, responsibility, and ethics on the internet. Additionally, it is proposed to establish a special department or function for digital rights within the institution of the Protector of Human Rights and Freedoms, so that citizens have a clear and recognizable place to turn to in cases of violations of digital freedoms.
The authors emphasize that the newly established Cybersecurity Agency should devote special attention to the protection of children from digital violence, as well as to the broader framework of protecting human rights online, and that this should be one of the priorities of the Government of Montenegro, especially in the context of the European integration process.
The publication is part of the project “Safeguarding Rights and Promoting Digital Citizenship – The Montenegrin Digital Shield (MDS)”, which CCE is implementing in partnership with the SHARE Foundation, in cooperation with the Agency for Audiovisual Media Services, with financial support from the EU Delegation to Montenegro and co-financing from the Ministry of Regional-Investment Development and Cooperation with Non-Governmental Organizations. The content of this publication is the sole responsibility of CCE, the SHARE Foundation, and the authors and does not necessarily reflect the views of the EU Delegation to Montenegro or the Ministry of Regional-Investment Development and Cooperation with Non-Governmental Organizations.
Alma Novalić, Project Assistant