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LAW ON PUBLIC INFORMATON
CONCESSION LAW

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ON PUBLIC INFORMATON

I. BASIC PROVISIONS

Article 1

Public information is free.

Freedom of public information is sacrosanct and no one has the right to limit it illegally or by force influence work of the mass media.

Breaches of freedom of public information shall be ruled by the court of law in an urgent procedure.

Article 2

Public information is carried out by means of mass media and other public information media.

Mass media shall be deemed to mean the press, radio stations and television channels and information agencies.

Press shall be deemed to consist of newspapers, magazines, reviews and other publications.

Radio stations and television channels are mass media producing and broadcasting radio and television programs.

Information agencies are the mass media collecting, processing and disseminating information to the users.

Other public information media are the printed, audio-visual and other forms of produced and distributed information intended for the public.

Article 3

Mass media are free to state facts and stands on everything that the citizens have the interest to be informed of (hereinafter referred to as: public matters).

Everyone has the right to be informed of public matters.

Article 4

Mass media must inform the public truthfully, timely and fully.

Publishing of falsehoods in mass media shall be deemed to be an abuse of the freedom of public information.

Article 5

It is prohibited to publish information collected in an illicit manner (by tapping devices, concealed cameras, etc.).

Article 6

State bodies, authorities of territorial autonomy and local self-administration must, under equitable conditions, make accessible to the mass media information from the field of their competencies, except for the data and documents which are by law or some other regulation or act, passed in accordance with law, proclaimed confidential.

Article 7

Public information is not subject to censorship.

No one has the right to limit the freedom of public information and neither to limit the free circulation of views and opinions.

Article 8

No one shall in any way whatsoever prevent mass media from gaining knowledge of public matters.

No one shall in any way whatsoever prevent mass media from publishing facts and stands on public matters.

Article 9

All physical and legal entities have the right under equitable conditions to take part in public information.

Article 10

Any form of monopoly in the field of public information is prohibited.

Protection from monopoly is regulated by law.

Article 11

Public information must respect inviolability of human dignity and right of all persons to privacy.

Mass media must not publish or reproduce information, articles or data detrimental to a person's honor and reputation, those containing insulting terms and indecent words.

If the mass media shall publish a false information detrimental to the reputation or interest of a legal or physical entity to whom the information pertains, or which is insulting the honor or integrity of the individual, if falsehoods are published or broadcasted about a person's life, knowledge, abilities or in some other manner his dignity is insulted, such person shall be entitled to file charges with the competent court of law for compensation of damages against the founder, i.e. editor-in-chief and the author of the relevant information.

II. FOUNDING, REGSTRATION AND TERMINATION OF MASS MEDIA

Article 12

Mass media may be freely founded, with an application lodged with the state administration body in charge of the field of information (hereinafter referred to as: competent authority).

Radio and television organizations are founded in accordance with law.

Article 13

Mass media may be founded and published by the physical and legal entities, in accordance with law.

Foreign physical and legal entities may found and publish mass media on conditions prescribed by the federal law.

Article 14

Mass medium is considered established through its founding act.

Founding act shall contain the following: name, title and address of the founder and publisher; name of the mass medium, source and manner of financing of the mass medium, name of the editor-in-chief and of the person authorized to represent the founder.

Founding act shall regulate all relations between the founder and the editor-in-chief of the mass media.

Article 15

Data on the mass media are entered for purpose of keeping records in the Register of Mass Media (hereinafter referred to as: Register).

The following data is entered into the Register: title, i.e. personal name and address of the founder of the mass medium, name and type of the mass medium, source and manner of financing, personal name and residence of the editor-in-chief, i.e. of the person authorized to represent the founder of the mass medium.

In case of printed media, further to the data prescribed in para. 2 of this Article, details shall be entered on the name and seat of the publisher and of the printing house.

For registration of radio and television programs and information agencies, further to the data from para.. 2 and 3 of this Article, information is entered on the corresponding permits in accordance with law.

Competent authority shall prescribe in more detail the contents of the Register.

Article 16

Two mass media of the same name may not be entered into the Register.

Article 17

Mass medium may be published, i.e. may broadcast its program after it has been entered into the Register.

Article 18

Application for the entry into the Register of Mass Media shall be filed by the person authorized for representing the founder of the mass medium.

Evidence on the data to be entered into the Register shall be submitted together with the application for the entry into the Register:

Enclosed to the application for the entry into the Register shall be the following:

1) Evidence on the identity of the founder of the mass medium;

2) Founding act of the mass medium;

3) Evidence on identity of the editor-in-chief of the mass medium;

4) Evidence on the identity of the publisher of the mass medium;

5) Evidence on the work permit for radio stations and television channels, or information agencies, and other data on permits in accordance with law.

No ordinance or injunction may prescribe submission of additional enclosures to the application for the entry into the Register.

Article 19

Competent authority must pass the decree within 15 days from the date of receipt of the application.

If the competent authority shall fail to pass the decree on the entry into the register or shall fail to reject the application for the entry into the Register within the above stated time, the entry into the Register shall be deemed to have been completed.

Article 20

If the application shall not contain all the necessary enclosures, the competent authority shall order the applicant within a reasonable time, which may not be less than 15 days, to submit the necessary enclosures.

If the applicant within the prescribed time, shall fail to comply with the instructions from para. 1 of this Article, the competent authority shall by decree reject the entry into the Register.

The decree on the rejection of entry into the Register is final.

Article 21

Founder of a mass medium must inform the competent authority within seven days on any changes of data entered into the Register, from the day the changes have occurred, for purpose of recording the changes in the Register.

The competent authority may instruct the founder to submit data on changes within the time which may not be less than seven days.

If the founder even after the scheduled period shall fail to inform the competent authority of the changes in the data entered into the Register, competent authority is authorized to establish the change and make the entry to that effect.

Decree on the entry of the changes into the Register shall be submitted to the founder and the editor-in-chief of the mass medium.

Article 22

Competent authority shall delete mass medium from the Register in the following cases;

1) If the founder of the mass medium shall pass a decision on termination of work of the mass medium;

2) If the founder of the mass medium shall cease to exist and the founding rights have not been transferred on to another founder;

3) If the mass medium is not being published, i.e. it is not broadcasting its programs for more than six months continuously.

Decree on deletion of the mass medium from the Register is final.

Article 23

If the competent authority shall find that in the application or the enclosures the stated data are incorrect, it shall pass the decree proclaiming nil the entry into the Register.

Decree on proclaiming nil the entry into the Register is final.

Mass medium shall terminate its work once the decree on proclaiming nil entry into the Register has come into force.

III. PUBLISHING OF THE MASS MEDIA

Article 24

Publisher of the mass medium is a legal or physical entity publishing the mass media and for that purpose providing conditions for publishing, i.e. broadcasting programs of the mass medium.

If the founder at the same time shall not be the publisher of the mass medium, mutual rights, obligations and liabilities between the founder and the publisher shall be regulated by a separate agreement.

Article 25

Ever copy of the printed press must have the following designation: name, i.e. title and address of the founder, publisher and the printing house, name and surname of the editor-in-chief as well as the place and year of printing, i.e. multiplication.

In case of radio and television programs, at the beginning and at the end of the broadcast, the following must be designated: name of the radio and television organization, name of program and name and surname of the editor-in-chief.

Article 26

Printing house may print and make copies of the newspapers, magazines, reviews and other publications, only when it has available the proof of their entry into the Register of Mass Media.

Printing house, i.e. the publisher of the printed media must immediately after printing, promptly submit three copies each to the competent public prosecutor, to the competent authority and to the National Library of Serbia.

Article 27

Mass medium may neither in full not in part transmit or at some later date broadcast radio and television programs of political and propaganda contents in the Serbian language and in the languages of national minorities of the Republic of Serbia, of the foreign radio and television broadcasting organizations whose founders are foreign governments or their organizations, except for the programs transmitted or broadcasted at a later date on the basis of reciprocity prescribed in the inter-governmental agreements.

Article 28

In case information is taken over from the domestic or foreign mass media, it must be stated from which mass medium the relevant information was taken.

IV. DUTIES AND LIABILITIES IN PUBLIC INFORMATION

Article 29

Mass medium has its editor-in-chief.

Mass medium may have a separate editor-in-chief for certain editions or columns, i.e. for certain radio and television programs.

Article 30

Author of the text, or of the radio and television program or enclosures, editor-in-chief, publisher and the founder shall be held liable for the truthfulness of the broadcasted or printed information.

Article 31

It is prohibited to publish again information which by the court ruling in force was pronounced to be a criminal offense, except when the court ruling in force is published at the order of the court.

V. KEEPING OF SOUND AND VIDEO RECORDINGS AND ACCESS TO THE RECORDINGS

Article 32

Radio and television broadcasting media must keep sound and video recordings of the information from daily programs for a period of not less than 15 days from the day of broadcasting, i.e. 30 days from the day of publishing information from the other programs.

Article 33

If the person with competencies from Articles 38, 41 and 55 of this Law shall inform radio television broadcasting media that it shall request exercise of its right by filing a complaint, sound and video recordings must be kept for 30 days from the day the deadline has expired for filing a complaint i.e. until the procure is finalized and is in force and effect.

Article 34

Radio and television broadcasting media must, at the request of person from Article 33 of this Law, within the time prescribed in that Article, present for inspection the relevant sound and video recordings, without any delay and without compensation.

Article 35

Mass medium shall inform in writing the person submitting the request for inspection into the sound, i.e. video recordings, of the place and time of inspection.

The inspection shall take place during the working hours and on the premises of the mass medium.

Mass medium must designate for person from para. 1 of this Article, not less than three appointments for the inspection, the time span between them not to be less than 24 hours.

VI. PUBISHING OF URGENT INFORMATION

Article 36

Editor-in-chief of the mass medium must, at the request of the state authority, promptly and without delay and without abbreviations, publish the communiqué about the facts of an urgent nature, pertaining to the danger to life and health of persons, their property or defense and security.

VII. PUBLISHING OF RESPONSE AND RETRACTION

Article 37

Editor-in-chief of the mass medium must without any compensation, publish the response to a published information, supplementing facts and data from the previously published information.

The response in scope may not exceed the published information.

The response must be published without amendments and supplements, on the same page of the printed media, i.e. in the same radio and television program in which the information to which the response refers was broadcasted, and this in the first or in the second, at the latest, issue of the press, i.e. in the first or in the second, at the latest, consecutive radio and television program, upon the receipt of the response.

It is not allowed to publish simultaneously with the response, also the comment on the response to the published information.

Article 38

If the editor-in-chief of the mass medium shall refuse to publish the response, or if he shall, simultaneously, publish the comment of the response, person submitted the response shall be entitle to file charges against the editor-in-chief of the relevant mass medium with the competent court of the area where the seat is located, i.e. the place of residence of the person submitting the response.

If the filed charges shall be accepted, the court shall by a decree order editor-in-chief of the relevant mass medium to publish the response in the manner prescribed in Article 37 of this Law.

Competent court must rule on the filed charges within three days.

Article 39

Editor-in-chief of the mass medium must, without any compensation, publish the retraction of a false information published, derogating person's rights or interests.

Retraction shall be published without amendments and supplements, on the same page of the printed media, i.e. in the same radio and television program in which the information was published to which the retraction pertains, and this in the first or in the second, at the latest, consecutive issue of the press, i.e. in the first or the second, at the latest, consecutive radio and television program, upon the receipt of the retraction.

It is not allowed to publish simultaneously with the retraction the comment on the retraction to the published information.

Article 40

Editor-in-chief shall not be held liable to publish the retraction in the following cases:

1) If the retraction does not pertain to the information on the basis of which publishing of the retraction is requested, i.e. if it does not contain real data in connection with the statements made in the information;

2) If the retraction is denying the statements from the published information whose veracity was established by an act in force of the competent authority;

3) If the retraction was not signed by the authorized person, i.e. if the individual submitting the retraction, has failed to sign the retraction and has failed to state the number of his identity card and address;

4) If the retraction is disproportionally longer than the information to which it pertains, and the person submitting the retraction shall refuse the request of the mass medium to shorten the retraction.

Article 41

If the editor-in-chief of a mass medium shall refuse to publish a retraction of the published false information derogating a person's rights or interests, or if he shall fail to publish the retraction in the manner and in the time prescribed in this Law, or if, simultaneously, he shall publish the comment of the retraction, person submitting the retraction shall be entitled to file charges against editor-in-chief of the relevant mass medium with the competent court in the area in which is the seat, i.e. the place of residence of the person submitting the retraction.

If the charges filed from para. 1 of this Article shall be accepted by the court, the court shall by its decree order editor-in-chief of the relevant mass medium to publish the retraction in the manner prescribed in Article 39 of this Law.

Competent court must rule on the filed charges within three days.

VIII. PREVENTION OF DISTRIBUTION OF PRESS AND DISSEMINATION OF INFORMATION IN THE MASS MEDIA AND OTHER PUBLIC INFORMATION MEDIA

Article 42

Distribution of press and of other public information media may be prevented only by the court decision if it is established that they are calling for a forcible abolishment of the constitutional order, disintegration of the territorial integrity of the Republic of Serbia and of the Federal Republic of Yugoslavia, violation of guaranteed freedoms and rights of man and citizen, i.e. fomenting of national, racial or religious intolerance and hatred.

Competent public prosecutor shall propose passing of the decree on a temporary ban on distribution of the press and other public information media if he is to establish that there are grounds for filing criminal charges for the criminal offense prosecuted by virtue of his duty.

The decree on a temporary ban on distribution of the press and other public information media shall be passed by the competent court, at the proposal of the competent public prosecutor, within six hours from the time of arrival of the proposal to that effect.

Article 43

Competent court must promptly submit the decree on a temporary ban on distribution of the press and of other public information media to the founder, i.e. to the publisher or the printing house, with the order not to distribute the press, i.e. not to broadcast information in the other media, until the court decision has come into force.

Court shall order the competent interior affairs authority to temporarily seize all the copies of the press, i.e. of the other public information media, and to place them in the court depository, i.e. to seal them.

Article 44

At the proposal of the competent public prosecutor, for purpose of banning distribution of press and of other information media (hereinafter referred to as: the proposal) the court shall hold a hearing within three days from the day of receipt of the relevant proposal.

During the procedure according to the proposal, the court may hold a hearing and pass a decision even if the properly summoned parties have failed to appear at the hearing, which shall be a fact of which the parties, in the summons to appear at the hearing, shall be explicitly warned.

Article 45

If the court shall reject the proposal or shall annul the decree on a temporary ban on distribution of the press or of the other public information media, it shall decree that all the copies of the press, i.e. of the other public information media which have been seized, i.e. sealed, shall be returned, i.e. unsealed within 12 hours.

Appeal lodged with the competent public prosecutor against the court decree from para. 1 of this Article shall not postpone the execution of the decree.

Article 46

If the court shall refuse the proposal, the party which has suffered the damage shall be entitled to a compensation of damages on the grounds of ungrounded temporary ban, to be realized with the competent court in a litigation procedure.

Article 47

The decree regarding the proposal, court shall pass promptly upon completed hearing and shall announce it publicly.

The decree shall be drawn in writing and the certified copy shall be submitted to the parties in the procedure within three days from the date of its announcement.

Article 48

Against the decree of the first-instance court ruling on the proposal of the public prosecutor parties may lodge an appeal with the competent second-instance court within three days from the day of submission of the copy of the decree.

The appeal shall not be lodged on a response.

The prescribed and timely appeal, together with all the writs, the first-instance court shall submit to the second-instance court within two days from the day of receipt of the appeal.

The second-instance court may summon and hear the parties.

The second-instance court must rule on the appeal within three days from the day of receipt of the appeal with the writs.

No appeal may be lodged against the ruling of the second-instance court.

Article 49

In the procedure based on the proposal, provisions of the law regulating criminal proceedings shall be duly applied, if not otherwise provided hereinafter in this Law.

Article 50

Provisions of this Law on the ban on distribution of press and other public information media and the procedure, shall be duly applied on the radio and television programs and the information broadcasted by the agencies.

IX. INFORMATION ON THE OUTCOME OF THE CRMINAL PROCEDURE

Article 51

If the mass medium has published that against a certain person criminal prosecution was filed, such a person shall be entitled, once the proceedings are adjourned, to request from the editor-in-chief to publish the information on the suspension in force of such proceedings, rejection of the indictment i.e. aquital from the charges.

Article 52

The request shall be submitted to the editor-in-chief within 60 days from the day of the suspension in force, i.e. adjournment of the criminal proceedings.

Article 53

Information shall be published in the first edition, i.e. broadcasted in the program upon the arrival of the request for its publishing.

Article 54

Editor-in-chief is not obliged to publish the information or any part thereof from Article 51 of this Law in the following cases;

1) If the information contains opinions and claims on the facts which were not contained in the previous information or if a part of the information is false;

2) If the contents of the information or part thereof are such to offer reasonable ground for the assumption that its publishing would cause a ban on distribution of the press, i.e. broadcasting of the information by means of other mass media, would cause criminal or litigation liability, or a civil legal liability towards third persons.

X. RIGHTS OF PERSONS SUBJECT TO THE INFORMATION

Article 55

Any written recording (a letter, diary, note, digital recording and similar), feature recording (photographic, drawn, filmed, video, digital and similar) and the voice recording (tape recording, gramophone, digital and similar) of a personal nature (hereinafter referred to as: personal recording) regardless of the technique used to produce it or to reproduce it, must not be published without the consent of the person whose words, features, i.e. voice are thereto contained, and which, if once published, may disclose who is the person in question.

The consent is also necessary for the direct transmission of a face or of a voice (broadcasted by television, radio and other).

Article 56

Personal recordings must not be published without the consent of the one for whom they are made, i.e. the consent of the person in question, if the publishing would violate the right of privacy or any other right of that person.

Article 57

If the person from Articles 55 and 56 of this Law is deceased, the consent is granted by the successors, legal entity whose participant was the deceased (a member, body, employee) in case his personal recording pertains to his participation in the legal entity, and other persons whose memory of the deceased might be hurt through the publishing of the personal recording, as well as the person so designated by the deceased.

Termination of the legal entity does not mean termination of the right of the participant in the legal entity whose recording is of his own personal interest.

Article 58

It shall be deemed that the written recording, recording of the features and recording of the voice is published without the person's consent, if the inview into the written recording, recording of the features and recording of the voice was done in an illicit manner.

Article 59

The consent given for a one-time publishing, for a certain manner of publishing, i.e. for publishing for a certain purpose, shall not be deemed to be the consent for a repeated publishing, for publishing in some other manner, i.e. for publishing for some other purposes.

Article 60

If a person has retained the right to recall the consent, through the recall the consent ceases to be in force.

The person shall have the right to a recall even when such right is not retained if the publishing should be to a considerable detriment to the person's interests.

In the case from para. 2 of this Article, the plaintiff shall be entitled to a compensation caused by the recall of the consent.

XI. MONEY FINES IN COMPENSATION OF DAMAGES

Article 61

Once the mass medium has published a false information detrimental to the reputation or interests of the legal entity or a physical person to which the information pertain or which is detrimental to the honor or integrity of the individual, when the mass medium is transmitting or broadcasting false statements about a person's life, knowledge and abilities, or in some other manner the person's dignity is being insulted, this legal or physical entity shall be entitled to file charges with the competent court for compensation of damages against the founder, publisher of the mass medium, editor-in-chief and the author of the relevant information.

Article 62

The author of the information shall be held liable for the damages caused by publishing of the falsehood, incomplete or some other information whose publishing was not permitted, if he should fail to prove that the damages were caused through no fault of his.

Article 63

The author, editor-in-chief, publisher and the founder shall not be held liable for damages if the false or incomplete information was truthfully quoted from the public parliamentary debate or a public debate in some of the parliamentary bodies, or from the materials of a state authority or if it was published at the request of a competent state authority in the form of a communiqué.

Article 64

In the disputes arising from Article 61 of this Law the court shall rule in an urgent procedure.

XII. SUPERVISION

Article 65

Competent authority shall perform supervision over the implementation of this Law.

Article 66

In case the competent authority shall determine that the mass medium has failed to comply with the conditions for the commencement of work, i.e. for continued work, or if in its work it is not upholding the law and other regulations, it shall warn in writing the relevant mass medium and shall request the elimination of the observed irregularities, and in cases when criminal offenses or offenses prescribed by law are observed, it shall file criminal charges with the competent public prosecutor, i.e. shall file a complaint for litigation with the competent litigation authority.

XIII. PENALTIES

Article 67

For publishing information calling for a forcible abolishment of the constitutional order, disintegration of the territorial integrity and independence of the Republic of Serbia and of the Federal Republic of Yugoslavia, for violation of the guaranteed freedoms and rights of man and citizen, i.e. for fomenting of the national, racial or religious intolerance and hatred (Article 42), the following shall be fined for violation:

1) Founder and publisher - with the money fine in the amount from 400,000 to 800,000 new dinars;

2) Responsible person of the founder and of the publisher and the editor-in-chief - with the money fine in the amount from 100,000 to 400,000 new dinars.

Article 68

For transmission and re-broadcasting of radio and television programs of the foreign radio and television broadcasting organization, in controversy with the provisions of Article 27 of this Law, the following shall be fined for violation:

1) Founder and publisher - with the money fine in the amount from 250,000 to 500,000 new dinars;

2) editor-in-chief and the responsible person of the founder and publisher - with the money fine in the amount from 50,000 to 150,000 new dinars.

Article 69

For the abuse of freedom of public information, by publishing of the falsehoods detrimental for the rights of a person, in the mass media, in accordance with Articles 4 and 11 of this Law, the following shall be fined for violation:

1) Founder and publisher - with the money fine in the amount from 100,000 to 300,000 new dinars;

2) Editor-in-chief and responsible person of the founder and publisher - with the money fine in the amount from 50,000 to 150,000 new dinars.

Article 70

Money fine in the amount from 40,000 to 100,000 new dinars shall be imposed for violation on the following:

1) Any person who shall illegally limit or under pressure influence work of the mass media (Article 1);

2) Editor-in-chief, if the mass media has published the information acquired in an illicit manner (Article 5);

3) Founder and publisher, if they shall start publishing of the medium, i.e. broadcasting of the program prior to the entry into the Register (Article 17) or if they shall fail to inform the competent authority on the changes of data (Article 210 or if incorrect data is given for the entry into the Register, or if mass medium is being published or is broadcasting programs after termination of its right to further publishing, i.e. broadcasting (Article 23):

4) Founder and publisher and editor-in-chief if on ever copy of the press or on the opening and closing credits of the programs on radio and television, or news agencies, prescribed data is not designated (Article 25);

5) Editor-in-chief, if the mass media shall fail to keep sound and video recording of the information within the prescribed term (Article 32) or shall fail to comply with the obligation of extended keeping of the recording (Article 33) or shall fail to make possible inspection into the recording (Article 35);

6) Editor-in-chief, if he shall fail to publish communiqué of the state authority of an urgent nature (Article 36);

7) Editor-in-chief if within the prescribed time he shall fail to publish the response (Article 37) or a retraction (Article 39);

8) Editor-in-chief if in accordance with the decree in force he shall fail to publish the response (Article 38) or a retraction (Article 41);

9) Editor-in-chief if he shall publish information about the outcome of the criminal proceedings (Article 51 - 54) or shall publish the written recording in violation with the provisions of Articles 55 to 60 of this Law.

For violations from para. 1 of this Article, money fine in the amount from 10,000 to 30,000 new dinars shall be imposed on the person responsible in the legal entity or the entrepreneur if he is the founder of the relevant mass medium.

Article 71

Money fine in the amount from 30,000 to 80,00 new dinars shall be imposed for violation on the following:

1) the printer who is printing and multiplying printed matter without the evidence on their entry into the Register of Mass Media (Article 26);

2) Editor-in-chief if the information published bears no designation of the mass medium from which it was taken (Article 28);

3) Editor-in-chief if simultaneously with the response or a retraction the commentary is to be published (Articles 37 and 39).

For violations from para. 1 of this Article money fine in the amount from 10,000 to 20,000 new dinars shall be imposed on the responsible person in the legal entity or on the entrepreneur if he is the founder of the relevant mass medium.

Article 72

The request for opening litigation procedure for violations prescribed in Articles 67 to 69 of this Law, shall be filed with the first-instance litigation authority in the place of residence of the founder or publisher or printer. Jurisdiction of the litigation authority may be established also according to the place of distribution of the press, i.e. the range of radio and television programs broadcasting.

The first-instance litigation authority must within 24 hours schedule an oral hearing.

Sending of the summons for the oral hearing shall be carried out by serving of summons on the person authorized for receipt of writs or employee present in the business premises of the founder or publisher or printer. If summons can not be served in such a manner, then the summons shall be fixed on the doors thus considering the summons to be duly served.

If the person against whom the violation was filed and litigation proceedings opened can not be served with the summons from the proceeding paragraph, summons shall be publicly announced by means of some of the mass media, thus the summons being considered to have been properly served.

Persons against whom litigation proceedings were opened must by the time the oral hearing is adjourned at the latest, offer proof that the information published is truthful.

If this person during the oral hearing shall fail to prove the truthfulness of the information published, it shall be held liable for the violation for which the prescribed money fine shall be charged.

If because of the failure to appear, for any reason whatsoever, at the oral hearing, the defendant or his defense counsel, i.e. representative of the defendant - legal entity, have failed to prove the truthfulness of the information published, litigation authority in every case and in their absence as well shall pass the corresponding decree.

Litigation authority must within 24 hours from the time of serving of the summons, adjourn the proceedings.

An appeal against the first-instance decree shall not delay execution of the decree.

Article 73

The decree on violation shall rule on the time-limit for payment of the money fine, which may not exceed 24 hours from the time of passing of the decree.

Decree on violation shall be served in the manner prescribed in Article 72, para. 3 and 4 of this Law.

If the money fine shall not be paid within 24 hours from the time of serving of the decree, and neither shall the proof of its payment be offered to the first-instance litigation authority, payment shall be collected by constraint.

Article 74

Fines to be collected by constraint from the founders and publishers shall be collected by the transfer of funds from their accounts in favor of the budget of the Republic of Serbia.

If the founder or publisher on their respective accounts shall not have available sufficient funds to cover the fine, seizure shall be carried out of their main assets and they shall be sold at a public auction within seven days from the day of seizure.

If the assets seized shall not reach the value of the pronounced fine, the printed material shall be seized.

Funds acquired through the auction sales, up to the amount of the pronounced fine, shall be paid into the budget of the Republic of Serbia.

In case of the editor-in-chief and responsible person, collection by constraint shall be effected by the transfer of funds from the personal accounts in favor of the budget of the Republic of Serbia.

If the funds on the said accounts should not be sufficient to cover the amount of the pronounced fine, seizure shall be carried out of their personal movable assets and real-estate and through a public auction within seven days funds shall be provided for the payment of the fine.

Funds acquired through the auction sales up to the amount of the pronounced fine, shall be paid into the budget of the Republic of Serbia.

XIV. TRANSITIONAL AND FINAL PROVISIONS

Article 75

With the day this Law shall come into force and effect, the Law on Public Information ("Official Gazette of the Republic of Serbia", No. 19/91) shall cease to be in force, except for the provisions of Articles 34 and 36, which shall cease to be in force with the day of coming into force and effect of the corresponding federal law.

Article 76

This Law shall come into force and effect on the day following the day it is published in the "Official Gazette of the Republic of Serbia".

 

 
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