Montenegro (from June 2006)

[ME] Rulebook on electronic communications comes into force

IRIS 2016-5:1/22

Daniela Brkic

KRUG Communications & Media, Montenegro

On 8 February 2016, the Agency for Electronic Media adopted a Rulebook on electronic publications which introduces the first specific rules for the functioning of online media. All electronic publications are obliged to register with the Agency for Electronic Media and to align their operations with the Rulebook by mid-April 2016.

The Rulebook defines electronic publications as editorially-shaped internet pages and/or portals that contain programme content with audio or video materials that are transmitted to the public, as well as electronic versions of print media and/or media information which are made available to the general public. The term “electronic publications” was introduced in the general law on electronic media in 2011, and was aimed to cover the sphere of online media. However, but now only the Rulebook provides concrete rules on rights and duties for providers of electronic publication services.

The new legislation grants service providers with editorial freedoms in the creation of content, and introduces obligations, such as the obligation of registration and identification of the electronic publication service, and the right of reply and correction. Electronic publications are now obliged to respect the privacy and dignity of citizens and to protect the integrity of minors and vulnerable groups. Also, they are forbidden from providing services which might jeopardize the constitutional order and national security, and from instigating or spreading hatred or discrimination. In an attempt to fight the spread of hate speech through user generated content, the Rulebook requires providers of electronic publication services to adopt clear rules on user registration and comments posted on programme content. The service provider is obliged to remove any comment which is not in line with the adopted rules within 60 minutes of it being posted. If comments or replies are deleted or not posted, users have the option to file a complaint.