‘Death to fascism, freedom to expression!’ – The Post-Yugoslav Media and Freedom of Speech
Posted on 3 November, 2014 in1989 after 1989 End of Yugoslavia Human Rights
By Ljubica Spaskovska
The transition to democracy should have liberated the media in the former Yugoslav states, but in many ways the situation has actually gotten worse.
‘In these times/when everything is silent/In these times/I say – freedom/ And I see fear…’
This verse from the song entitled ‘Freedom’ is one of the tracks from an album by the Macedonian band ‘Reporters’ made up exclusively of journalists of different ethnic backgrounds. Under the slogan ‘Solidarity for freedom’, the Independent trade union of journalists and media workers, with the support of the US Embassy launched a campaign meant to incite a debate on freedom of speech, on the state of the media in Macedonia and solidarity among journalists. Over the past few weeks, both Macedonia’s and Serbia’s Independent Journalists’ Associations (members of the International Federation of Journalists) have raised concerns about similar phenomena through calls for a public hearing on media freedom or through the organisation of debates, conferences and concerts.
Indeed, the 2014 EU progress reports for all of the post-Yugoslav states aspiring to EU accession (Bosnia-Herzegovina, Montenegro, Serbia, Kosovo, Macedonia) underline a trend of serious deterioration of media freedom. Almost quarter of a century after the disintegration of Yugoslavia and the introduction of electoral, multi-party democracy, these societies have been witnessing a progressive narrowing down of public, intellectual and media spaces for free debate and reporting. Political and financial pressures, intimidation and threats against journalists and editors in Bosnia, self-censorship, threats and violence against journalists in Serbia, Montenegro and Kosovo, and government influence on media exercised through state-financed advertising in Macedonia have been observed in a context of a scarcity of real commitment on the part of political elites to tackle this problem and take the recommendations from the progress reports seriously.
Over the years, different governments have managed to blur the line between the ruling party/coalition and the state and to deprive state institutions of their independence. Moreover, they have turned an increasing number of media outlets into channels for dissemination of their political ideology or attacks on political opponents. For instance, the State Department Macedonia Country Report on Human Rights Practices for 2013 noted that members of the Association of Journalists of Macedonia reported pressures ‘to adopt a pro-government viewpoint in their reporting or lose their jobs.’
In Macedonia, further grievances were aroused by the detention and conviction of journalist Tomislav Kežarovski for revealing the identity of a protected witness in a story written in 2008. Civil society activists, local journalist associations and opposition leaders have constantly referred to reports by international bodies and governments that had condemned the trial and Kežarovski’s imprisonment in order to give legitimacy to their protest, albeit to little avail.
Moreover, the State Department Country Report lists Kežarovski’s case in the section entitled ‘Political Prisoners and Detainees’. The OSCE Representative for the Freedom of the Media, as well as the European Federation of Journalists similarly condemned the long sentence. Hence, it comes as no surprise that in the 2014 World Press Freedom Index Macedonia sits in 123rd place and has never been so low in the Index (the lowest in comparison to the other former Yugoslav states).
However, the state of the media is only a symptom of wider societal phenomena such as growing intolerance toward ‘oppositional’ voices and certain frozen narratives which seek to uncritically glorify the nation, the state, the ruling ideology and demonize the socialist/Yugoslav past. Croatia and Slovenia are the only two former Yugoslav republics which are members of the European Union. Although considerably higher on the World Press Freedom Index, neither Slovenia nor Croatia have been immune to the (re)establishment of a certain dogmatism in interpreting or discussing about the past.
A case in point is the recent decision of Croatian President Ivo Josipović to fire his main analyst professor Dejan Jović for an article in the academic journal Political Thought. Entitled ‘Only in myths every nation desires its own state’ and comparing the Scottish independence referendum and the Yugoslav referenda of the early 1990s, Jović argued that the latter were illiberal and did not allow for a genuine debate and consideration of all political opinions and visions for Yugoslavia’s future.
Similarly, the MPs of the conservative Slovenian Democratic Party (SDS) proposed a dismissal of the president of the Slovenian national assembly Dr. Milan Brglez for qualifying Yugoslavia in an interview as a state that had credibility and prestige in the international community and that the Slovenian independence in that sense was a step backwards.
Why, a quarter of a century after the first multi-party elections in the former Yugoslavia, are there still certain dogmatic ‘truths’ in most of the successor states, where freedom of expression is not an accomplishment, but, rather, something yet to be realised?
An obvious reason which is often evoked as the main factor is the socialist past itself. However, this can only offer a partial explanation and it could be counter-productive, as it fails to put the burden of responsibility on contemporary policy-makers and elites. Moreover, from 1950 practices of pre-censorship had been abolished in socialist Yugoslavia. It was the public prosecutor who could act only ex-post facto, after a broadcast, publication or film presentation. By the mid-1980s, the Yugoslav media network was significantly fragmented, decentralised, yet numerically impressive.
In 1987, Yugoslavia had 2,825 newspapers and 202 radio and TV stations. Hence, it was virtually impossible to sanction all acts which were classified as ‘verbal crime’ under the notorious ‘Article 133’ which criminalised acts of ‘hostile propaganda’, but was also meant to curb nationalist discourse, channelling what Lenard Cohen identified as ‘Yugoslav communism’s strong antipathy to overt nationalist tactics’. Moreover, the 1980s saw the reinvigoration of the debate on freedom of speech and on the abolishment of the verbal crime. Although restrained, debate did occur in different fora.
For instance, in 1981 the president of the Federal Court in an article in a law journal acknowledged that the formulation of ‘Article 133’ was not precise, while at the 1983 conference of Yugoslav criminologists several professors of law called for the repeal of the article. Several years later, as a young journalist in one of the principal magazines of the League of Socialist Youth, Dejan Jovic argued that the organisation (which in fact financed the magazine) should be abolished . Back then, he was not sacked for his opinion.
Twenty-five years later, both old and new generations of journalists, intellectuals, students and activists are fighting battles which would have normally belonged to a distant past. When on 9 May last year, on the occasion of Europe Day, representatives of the ‘Front for Freedom of Expression’ gathering a number of civil society organizations and initiatives staged a protest in front of the seat of the delegation of the European Union to Macedonia, they chose as their slogan a creative remake of an old motto of the partisan resistance movement: ‘Death to fascism, freedom to expression!’.
 Lenard Cohen, The Socialist Pyramid Elites and Power in Yugoslavia(Oakville/New York/London: Mosaic Press, 1989), p.445.
 Yugoslavia: Prisoners of Conscience (London: Amnesty International Publications, 1985), p.29.
 Dejan Jović, ‘Kad bi SSOJ postojao, trebalo bi ga ukinuti (1)’ Polet 402, 10.2.1989.