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Articles of law on religion and media

Article 43
Religious communities shall have access to public broadcasting services and other media, as well as the right to independently perform their own informative and publishing activity on a non-profit basis, in line with the law.

Source: The Law on Freedom of Religion or Beliefs and Legal Status of Religious Communities of Montenegro.

Non-profit broadcasters
Article 72

(1) The status of a non-profit broadcaster, in accordance with this law, is determined when the right to broadcast is granted.
(3) Non-profit broadcasters can only be educational institutions, religious, student, pupil and non-governmental organizations registered at least three years before submitting an application for acquiring the status of a non-profit broadcaster.
(4) A non-profit broadcaster is a broadcaster that publishes at least 50% of its own production of informative, cultural, educational and entertainment content daily, whereby at least 25% of the daily production must serve to satisfy the informative, educational, scientific, professional, artistic, cultural and other needs of the public.
(5) Non-profit broadcasters shall be subject to the provisions of this law relating to the programming obligations of public broadcasters.
(6) Funds for the work of a non-profit broadcaster can be provided from donations, contributions from citizens, sponsorships and other sources of income, in accordance with a special law regulating the establishment and activity of non-governmental organizations.
(7) Non-profit broadcasters are exempted from the obligation to pay compensation based on the broadcast approval.
(8) Profits from the production and broadcasting of radio and/or television programs may be used by non-profit broadcasters only for the improvement and development of their own activities.

Contents that may not include ads
Article 94

Ads may not be included in:
1) religious contents;

Sponsorship
Article 95

(7) It is not allowed to display the sponsor’s logo during children’s programs and religious programs.
(8) The provisions of this article are accordingly applied to radio programs.

Misdemeanors
Article 146

(1) A legal entity shall be fined from EUR 500 to EUR 6,000 for a misdemeanor, if:
51) it broadcasts advertisements within religious content, formal ceremonies, programs related to large-scale tragic events or programs lasting 30 minutes or less (Article 94);
60) it displays the logo of the sponsor during the broadcast of children’s programs or religious programs (Article 95 paragraph 7).

Source: The Law on Electronic Media of Montenegro.

D 20 October 2022    ANikola B. Šaranović

CNRS Unistra Dres Gsrl

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