Montenegrin Regulator Fines TV Stations for Broadcasting Controversial Independence Film

Montenegro's Agency for Audiovisual Media Services (AVM) has imposed maximum fines on two television stations for broadcasting a documentary that challenged the country's 2006 independence referendum. Adria and Prva television channels each received a 10,000 euro penalty for airing the film, titled "Referendum - The Story of Fabricated Freedom."

The documentary, produced by the Novi Sad-based Center for Social Stability and reportedly aligned with Serbian authorities, presented the 2006 referendum as fraudulent and claimed it led to the creation of a "private state." The film featured individuals who criticized the referendum and suggested that "the time has come for a new re-examination of citizens' will" or for "institutional unification of territories where those who see their future together live."

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the time has come for a new re-examination of citizens' will, or for institutional unification of territories where those who see their future together live, not separately.

The AVM determined that the film's content included elements of hate speech, incited national intolerance, and offended the dignity of Montenegrin citizens. This action follows a previous ban on Informer TV for airing the same film and other content. The agency cited violations of the Law on Audiovisual Media Services, specifically concerning the protection of human dignity, prohibition of hate speech, and preservation of pluralism and democratic values.

Both Adria and Prva have been previously warned and sanctioned for similar content. The regulator emphasized that the violations continued despite prior interventions. The AVM highlighted the severity of the breach, its potential to incite intolerance, and its broadcast during Montenegro's Independence Day celebrations, noting the film's concluding messages suggested future actions. The agency deemed the fines proportionate and necessary to protect the public interest and prevent future violations.

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Having in mind the above, and especially the severity and scope of the violation, the fact that the content is objectively capable of inciting intolerance towards a part of the citizens of Montenegro, the circumstance that it was broadcast during the marking of Montenegro's Independence Day, as well as that the final messages suggested future actions, the Agency finds that this measure is proportionate and justified for the purpose of protecting the public interest and preventing future similar violations.