THE STATE IN A LAWSUIT AGAINST ITSELF

The Authorities vs. Independent Media

AIM, Belgrade, October 5, 1994. The news that the state FR of Yugoslavia has taken legal action against the Borba, the only daily which is not controlled by the authorities, demanding its deletion from the court register as a share-holding company, marked the beginning of a new campaign against independent media, which seem to suffer severe blows whenever significant political changes are expected in this part of former Yugoslavia. This time is no exception.

The Borba became a share-holding company three years ago by a merger of the Newspaper Publishing Company and the newly founded share-holding company. One of the share-holders with 17 per cent of the capital is the Federal Government, so it turns out that the state is now taking legal action against itself. Namely, the Federal Public Attorney denies the right of the Assembly of the SFRY to appear as the founder of the Newspaper Publishing Company, and therefrom, the funds it allocated to this newspaper at the time cannot be considered as the founding capital. Namely, on May 17, 1990, the Assembly of the SFRY took upon itself the founding rights over some media, the Borba being among them.

A lawyer, Dr. Arpad Horvat, however, claims that the contract on founding the share-holding company was approved by a decision of the Assembly of the SFRY and signed by a representative of the Federal Executive Council. When the share-holding company was founded, the Assembly was considered as the founder and the share-holder in the name of the Federal Government. The defense actually claims that the state is the founder of the Borba, and that the Assembly appears only on behalf of the state. Therefore, the comment that the state is suing itself stands.

The very fact that charges against the journal were brought three long years after foundation of the share-holding company (the main share-holder at the moment is the present Acting Director of the Borba, a businessman by the name of Dusan Mijic), arouses suspicion that the reasons are of a political and by no means of an economic (proprietary) nature.

The case of the Borba, as well as the possibility that something similar is in line for the mixed share-holding compny Studio-B, at least according to what its first man, Dragan Kojadinovic, says, foretells a new tactics of the authorities in reference to the media which it does not directly control. Studio B is in a very difficult financial situation, according to certain information, for months now all the employees have been receiving 170 dinars a month. Kojadinovic claims that state firms, and the privately-owned ones controlled by the Socialist Party of Serbia (SPS) are forbidden to do business with the independent media. According to his words, this radio-TV station is in direct danger to be purchased, since there are three offers for purchase of shares which, should they be realized, will mean that Studio B will play right into the hands of the SPS.

Financial ruining of independent media is accompanied by founding of new pro-SPS firms (the largest investment of them all is the new television of Braca Karic) which have the support of the state. While Radio B92, for instance, is working for years practically without a permit, new radio stations are cropping up, and it is no secret that they are in the hands of the ruling party. Besides the Radio Kosava founded by the Communist Party of Mirjana Markovic, a Radio S has just begun broadcasting, and its editor-in-chief is one of the editors of the central news program of the Radio-Television Serbia, Spomenka Jovic, and its owner is Zoran Andjelkovic, a prominent figure of the SPS.

Share-holding company Borba is in no better financial situation. After appearing just a short while, the edition for abroad ceased being published a month ago, the salaries of the employees are hardly 200 dinars. So far, nothing came true of the promises - financial revival which would bring a significant profit to the share-holders, and a handsome income to the employees - the main share-holder, D. Mijic made when he came to the head of the company, after the previous team and the editor-in-chief, Manojlo Vukotic, were replaced. On the contrary.

Dissatisfaction within the Borba and the Studio B is also growing. In both companies, meetings of share-holders are being held and serious accusations on account of the leadership can be heard. In the Borba, one could even hear the question whether a deliberate ruin of the house from within had been initiated.

It is evident that the authorities are doing their best to destroy the media which have maintained a somewaht independent position, both financially and morally. The Television Politika which was on the way to become professionally speaking the best TV station, which, although inclined towards the team in power, abided by the main professional principles in its information program, has started to remind of state television after its former heads were replaced and ex-Minister of Information, Ignjatovic, became its head. The NTV Studio B has still not recovered from the last-years "chistka" when best of its journlists left, the daily Borba is still holding out, but it is not necessary to buy this newspaper in order to read some of its best authors, because moonlighting has become the main source of income of most of its employees.

The authorities have obviously changed their tactics, just like in the case of the opposition. Instead of hot comments on the lack of patriotism of "the so-called independent journalists", instead of treatises about "foreign mercenaries", "fifth-columnists who are free to do their business in the middle of belgrade", time has come for silent destruction of the media. On the one hand, by financial ruining of the independent, and on the other, by conquering the media space by new private radio and TV stations owned by verified SPS personnel. Independent media are left exposed. Even to this day, despite loud stories about large sums of money from the West, the independent media have received no significant support from the European and the world institutions. Now, when Milosevic has become their great partner in the struggle for peace, the media fear that the support will be even smaller and that the world will lose the little interest it had for what is happening inside Serbia.

The new attack on the independent media is interpreted as a part of political preparations for new shifts Milosevic will make. At first, the analysts explained it as a sign of the approaching new December elections which would establish the power of the SPS in the federation too. But, both the arrest of Seselj and the blow aimed at the media and announcement of the struggle against crime which has begun by revelation of various scandals in municipalities where the opposition is in power, are interpreted as spring cleaning (in autumn) before new political moves which are risky, but inevitable. One them is recognition of Croatia and B&H within their borders. Alleviation of the sanctions which was euphorically and with great effect presented to the public by the media through landing of the first Russian plane, creates an impression of a great victory of Milosevic. Complete blockade of information from the other side of the Drina is necessary in a situation when the words of popular TV commentators about Serbian brethren who are worth confronting the whole world and the naughty new world system are still echoing in the ears of the public. That very world has now become the most valuable trump card for Milosevic, and penetration through the information blockade - the greatest danger for him from within. Both at this moment and for that which is yet to come.

It will soon become clear whether one of the heads of the remaining independent media was a "reliable source of information" when he said that Milosevic has given the time-limit of one month for silencing all the media which are penetrating the blockade for those across the Drina. The great "sping cleaning" among the media need not necessarily be just for a short-term use. Maybe Milosevic has assessed that the great war campaign is actually over, that it is necessary to make preparations for new campaigns within the unchanged borders. Nevertheless, representatives of independent media gathered in a recently founded Association, agreed to publish a "White Book" which would show the actions of the state in relation to the independent media, to organize a symbolic strike of warning, to make demands for negotiations with the authorities, to inform the international institutions.

The other process taking place in the independent media - the internal dissatisfaction due to the bad economic situatuion which is, among other, the result of a lack of business sense of their managers - is a completely different story. Opening of these processes, accompanied by mutual accusations about secret business deals they are making for the authorities, predicts an outcome for the media which has already happened for the opposition. Maybe the authorities do not even need to bother. It is quite possible that things will turn out in their favour anyway.

Branka Mihajlovic