The meeting was attended by Ms Jelena Milačić, representative of the Ministry of Foreign Affairs and European Integration of the Government of Montenegro.

Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression of the UN Council for Human Rights emphasized that the aim of his visit to Montenegro was the evaluation of the situation regarding exercise of the right to freedom of opinion and expression as well as measures taken for the purpose of exercising the right and informing on obstacles occurred during the implementation of this process.

Chairperson of the Committee on Human Rights and Freedoms Dr Halil Duković stated that the Constitution of Montenegro defined that everyone shall have the right to freedom of expression by speech, writing, picture or in some other manner as well as that the right to freedom of expression may be limited only by the right of others to dignity, reputation and honour and if it threatens public morality or the security of Montenegro. The Chairperson added that the right to freedom of opinion and expression is also guaranteed by the set of legislative acts, emphasizing that legislation in this field was harmonised with international standards and it was a subject of positive assessments in reports of the European Commission. He stated that Law on Media, Law on Electronic Media and Law on Public Broadcasting Services were of a special importance. The Chairperson assessed that only partner relation of institutions, civic society and media may create environment where security of profession and professionalism of all participants would be guaranteed.

Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression of the UN Council for Human Rights Mr Frank La Rue, stating that he was especially interested in freedom of opinion and expression in view of Article 19 and 20 of the International Covenant on Civil and Political Rights, voiced interest for the areas relating to:

- access to information and degree of development of investigative journalism in Montenegro as well as access to information via Internet;

- media pluralism in Montenegro;

- the right to transfer information without censorship

- availability of information for minorities and other minority national communities as well as possibility of informing minority people in minority languages and their presence in media, which enables them more effective participation in political life.

Chairperson of the Committee on Human Rights and Freedoms Dr Halil Duković stated that in Montenegro progress had been achieved regarding promotion of freedom of expression, which is also stated in the 2012 Montenegro Progress Report of the European Commission. He pointed out that for enhancing media pluralism, production of commercial broadcasters and preservation of diversity of electronic media in Montenegro, part of the revenues from games of chance provided funds in the amount and manner determined by a special law regulating that area.

Significant resources are allocated to encourage production of programs of commercial broadcasters that are of public interest, and are especially important for: the minority nations and other minority national communities in Montenegro, promotion of prevention of all forms of discrimination, encouragement and promotion of the social integration of people with disabilities, encouragement of  audio-visual media service providers to make their services gradually ​​accessible to people with impaired hearing or vision, encouragement of the culture of public dialogue and encouragement and promotion of the realisation and protection of human rights.

The Chairperson of the Committee stated that the state had realised the program to help private electronic and print media, as a measure of strengthening pluralism and sustainability of media scene in the period of economic crises.

In addition, he pointed out that the local and national public broadcasters had an obligation of production of program content in the languages ​​of minority ethnic groups, and that there were special programs for members of minority groups, thereby contributing to their informing, and thus more effective participation in public and political life in the country. The Chairperson informed Special Rapporteur and his associates on acting of minority councils and Fund for Protection and Realisation of Minority Rights, stating that it was significantly contributed to the rights of minority nations and other minority national communities in Montenegro through those institutions

Stressing that decriminalisation of defamation in Montenegro improved media environment, dr Halil Duković emphasised that the Committee on Human Rights and Freedoms, at its meeting held on 15 May 2013, had supported the attitude of the Representative of Montenegro before the European Court of Human Rights that it was necessary to introduce practices of national courts in the field of freedom of expression in accordance with practice of the European Court of Human Rights in this field. It is necessary to balance the need of removing every possible complaint relating to danger of limiting freedom of media that could be a result of inappropriate practice of national courts, especially through inadequate interpretation of the legal standard “due journalist attention”

On the other hand, it is important to prevent misuse of the freedom of expression through media due to possible hard consequences for honour, reputation, right to privacy and other rights of damaged. It was assessed that an additional problem in this field could be so called “deleted space” following the decriminalisation of defamation and insults, bearing in mind that adoption of appropriate law on civic and legal responsibility for breach of honour and other personal rights did not occur simultaneously.

The Chairperson of the Committee stated that on that occasion the Committee supported opinion of the Representative of Montenegro before the European Court of Human Rights that following the decriminalisation of defamation it was necessary to consider the need of adopting special law on civic and legal responsibility for breach of honour and reputation and other personal rights. Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression of the UN Council for Human Rights also agreed with that opinion.

The Chairperson of the Committee reminded that the European Court of Human Rights established the violation of expression and media freedom, guaranteed by the Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, in two cases against Montenegro.

Dr Halil Duković pointed out that it was necessary to strengthen mechanisms of self-regulation and respect of professional and ethical standards in journalism so to additionally regulate this field, and Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression of the UN Council for Human Rights agree on that.

Deputy Chairperson Ms Ljiljana Đurašković PhD pointed out that Montenegro sought to encourage investigative journalism and that it announced the annual competition for the best media investigative report with the topic of social integration of Roma in Montenegro, with participation right of print and electronic media in Montenegro. She assessed that journalist profession was very risky and reminded that there were several cases of attacks on journalists and their assets in Montenegro, emphasising that those cases should be completely investigated, and Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression of the UN Council for Human Rights agree on that, stating that during previous meetings he was informed on four cases of attacking journalists in Montenegro.

Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression of the UN Council for Human Rights Frank La Rue praised activities that Montenegro had been undertaking with the aim of informing members of minority nations and other minority national communities, emphasising that the fact that national and local public broadcasters provided programs for minority member in their language was very important. He also expressed positive attitude on decriminalisation of defamation, stating that the special law on civic and legal responsibility for breach of honour and other personal rights should be adopted. He stressed that in practice it was difficult to determine the limit between what was and what was not the breach of honour and reputation and other personal rights, but when the breach of honour was determined, it was necessary the punishment to be balanced with the crime. He pointed out that media should develop responsibility towards citizens and that it was important to develop self-regulation principles in journalist profession, which should be initiated by journalists themselves, with no interference of the state.

Frank La Rue, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression of the UN Council for Human Rights stated that he was ready to provide help for the Parliament of Montenegro on the occasion of adopting the law in the field of freedom of expression and informing, especially on the occasion of the adoption of the law on civic and legal responsibility for the breach of honour, reputation and other personal rights.

Special Rapporteur on the promotion and protection of the right to freedom of opinion stated that the data from the meeting with the Chairperson and Deputy Chairperson of the Committee on Human Rights and Freedoms, together with information collected during previous meetings with representatives of the bodies competent for freedom of opinion and expression, would be very useful for drafting the Report which would be attached to the report  for the UN Council for Human Rights, which session was scheduled for March 2014.

It was concluded, at the meeting, that the right to freedom of opinion and expression represented pre-condition for development of democracy, and that Montenegro had been undertaking significant activities in order to completely protect human rights and freedoms of each of its citizens.