ALIA, responsible for overseeing media content transmitted from Luxembourg, oversees media groups Adrianews in Serbia and RTL in Hungary, both facing recent challenges to their freedom of expression.
Regarding Serbia, ALIA initially reprimanded the N1 channel for a programme that violated the dignity of Serbian Prime Minister Ana Brnabić. The programme compared her to a Nazi concentration camp treasurer to highlight alleged inaction against corruption. N1’s production manager, Igor Božić, acknowledged the mistake and accepted ALIA’s decision without contesting it.
However, ALIA faced an issue when the Serbian regulator REM published a document on its website, falsely suggesting it originated from ALIA.
Thierry Hoscheit, President of ALIA, explained the problem, stating, “they have essentially created a document that looks like it comes from us, although it doesn’t come from us at all.”
REM further exacerbated the situation by using ALIA’s decision to vilify N1, portraying the station as a criminal entity and fostering dissent among the population.
Božić confirmed these actions and noted that ALIA’s decision was even quoted in the Serbian parliament to propagate propaganda against the station.
N1 has faced challenges due to its non-conformity with the government, including the refusal of ruling party members to participate in interviews at the station’s studios. N1’s licence to broadcast nationwide in Serbia has been withheld without explanation, further contributing to its portrayal as “anti-state” in government-aligned media.
Hoscheit is more explicit about the problems the broadcaster faces on a daily basis. He notes that its journalists have been physically threatened and experienced attacks on their broadcasting centre. There have been campaigns instigated by right-wing political parties against them, with Hoscheit stressing that the constant pressure and atmosphere of fear discourage journalists from reporting critically, fearing reprisals such as slashed tires.
Additionally, Hoscheit highlighted that REM, the Serbian regulator, has close ties to the Serbian government, which has sparked controversy within the political opposition.
Following a series of mass shootings, demonstrations demanding increased security and a ban on violent media content have taken place in Belgrade, with participants calling for the resignation of REM members.
ALIA feels a responsibility towards the broadcasters it oversees, “to protect their freedom of expression.” For this reason, Hoscheit explained, ALIA felt the need to respond in a “rather brash” way, essentially saying “we are not there so that the Serbs can impose their policies on a national level.”
However, ALIA will not file a lawsuit. The incident took place in Serbia and a lawsuit in Serbia would have little chance of success, Hoscheit said.
Turning to Hungary, ALIA has noted pressure on broadcasters and regularly receives cases from its Hungarian counterpart regarding content deemed debatable.
While some content, particularly certain “Big Brother” formats, stretches boundaries, ALIA has identified fabricated cases and rejected them.
Recently, ALIA countered attempts by the Hungarian media regulator NMHH to undermine its jurisdiction through the European Audiovisual Directive.
ALIA President Hoscheit clarified that the directive assigns regulatory responsibility to the country of origin, which in the case of RTL is Luxembourg, for example. However, individual countries can establish additional rules in the public interest, which the country of origin’s regulator must bring to the broadcaster’s attention.
The Hungarian regulator, however, deviated from this procedure by demanding fines and potential broadcast bans. ALIA deemed this approach inappropriate, as the European procedure does not serve as a basis for imposing sanctions and automatically notifies the European Commission, potentially circumventing proper procedures outlined in the directive.
Hoscheit acknowledged the possibility of issues with the mentioned programmes and assured that ALIA would review them within the framework of its standard procedures, adhering to Luxembourg legislation.
He noted that the Hungarian regulator has yet to file cases based on Hungarian laws that prohibit the depiction of members of the LGBTQIA+ community, an issue that has led the European Commission to take legal action against Hungary.
