Comparative Analysis: Who and How Defends Human Rights Defenders?

05/06/2024

In just four months of 2024, eight attacks on journalists have been recorded, while in 2023 there were 16, and in 2022, 28 were registered. Female journalists have particularly become frequent targets of offensive speech and harassment in online media comments and on social media.

The problem of unresolved cases of attacks on journalists is also recognized by the European Commission (EC), which describes Montenegro’s media environment as pluralistic and diverse. According to the EC, the authorities have ensured a quick and effective response from law enforcement agencies and institutions to new cases of violence against journalists, but there has been no effective judicial response to older cases.

The issue of journalist protection and safety was also identified as a Montenegrin problem in the 2023 Freedom House report. This organization states that journalists covering corruption and organized crime remain exposed to the risk of violence. The issue of Strategic Lawsuits Against Public Participation (SLAPP lawsuits) faced by journalists in the region and the European Union is not a pronounced problem in Montenegro, although a few cases have been recorded.

This comparative analysis provides an overview of the legislative framework for the protection of journalists in Montenegro, as well as available institutional and non-institutional mechanisms that can be used by journalists in need of protection from attacks and threats in Germany and Montenegro. The focus of this analysis is also on presenting European media protection standards with a special focus on Germany and their applicability in Montenegro, and how institutions have responded to the most severe cases of attacks.

Key Recommendations from the Comparative Analysis:

  • Form specialized teams in the Police Directorate and the Prosecutor’s Office to monitor and investigate cases of attacks on journalists.
  • Establish a 24/7 SOS hotline for journalists who are victims of attacks and threats.
  • The police should conduct preventive security checks in cases of threats and provide relocation for journalists to a safe place.
  • Institutions (Ministry of Justice, Ministry of Culture and Media, and parliamentary bodies) should initiate the adoption of new regulations to protect against SLAPP lawsuits.
  • The law should foresee disciplinary accountability for public officials who deliberately obstruct or interfere with the investigation of attacks on journalists.
  • Police, the Prosecutor’s Office, and courts should regularly provide reports on the handling of cases involving attacks on journalists to the Commission for Monitoring Investigations of Attacks on Journalists.
  • Judicial authorities – police, the Prosecutor’s Office, and courts – should establish a unified database on attacks on journalists.
  • Ensure that victims have access to case files, submit evidence, and receive information on investigations.
  • Conduct a security risk assessment for journalists covering cases of corruption and organized crime before attending public gatherings.
  • Establish a unified self-regulatory body similar to the German Press Council.
  • Strengthen trade union organization within media companies.
  • Ensure continuous legal and psychological support for journalists who are victims of attacks.
  • Strengthen the independence and expertise of advisory bodies in public media at the national and local levels by tightening legal criteria for the selection of members of these bodies, following the example of Germany.
  • Establish a rapid response mechanism for threats and attacks on journalists: all incidents, threats, and criminal acts, whether online or offline, against journalists should be prosecuted.
  • Journalists, members of the judiciary, and police forces should be better trained.
  • The state should promptly provide personal protection measures for investigative journalists and those working on topics such as corruption, organized crime, or terrorism who have reported threats to the police. Special attention should be given to personal protection measures, including the use of protective orders, for journalists belonging to minority groups.
  • Legislation and sanctions should not be applied discriminatorily or arbitrarily against journalists and other media actors.
  • Effective measures should be taken against hostile and subversive actions or statements against the integrity of journalists by public authorities.
  • Authorities should contribute to creating a favorable professional environment for journalists and other media professionals, including freelance journalists, and ensure effective social protection measures and other practical support measures.
  • Authorities, but primarily the media themselves, should support the creation of an independent, representative, and effective body for self-regulation of journalists, integrating both journalists and media employers.

The analysis is available for review and download below.