IV        Implementation of the articles of the Convention

IV.VII

Article 9

1. The Parties undertake to recognise that the right to freedom of expression of every person belonging to a national minority includes freedom to hold opinions and to receive and impart information and ideas in the minority language, without interference by public authorities and regardless of frontiers. The Parties shall ensure, within the framework of their legal systems, that persons belonging to a national minority are not discriminated against in their access to the media.

2. Paragraph 1 shall not prevent Parties from requiring the licensing, without discrimination and based on objective criteria, of sound radio and television broadcasting, or cinema enterprises.

3. The Parties shall not hinder the creation and the use of printed media by persons belonging to national minorities. In the legal framework of sound radio and television broadcasting, they shall ensure, as far as possible, and taking into account the provisions of paragraph 1, that persons belonging to national minorities are granted the possibility of creating and using their own media.

4. In the framework of their legal systems, the Parties shall adopt adequate measures in order to facilitate access to the media for persons belonging to national minorities and in order to promote tolerance and permit cultural pluralism.

National legislation (pursuant to the Article 9 of the FCNM):

The Constitution of the Republic of Croatia

Article 38

(1) Freedom of thought and expression shall be guaranteed.

(2) Freedom of expression shall specifically include freedom of the press and other media of communication, freedom of speech and public expression, and free establishment of all institutions of public communication.

(3) Censorship shall be forbidden. Journalists shall have the right to freedom of reporting and access to information.

(4) The right to correction shall be guaranteed to anyone whose constitutional and legal rights have been violated by public information.

Constitutional Law on the Rights of National Minorities

Articles 17 & 18 (see under Item IV.III National legislation )

The Law on Croatian Radio and Television (February 2003)

The Law on Electronic Media (July 2003)

The Law on Telecommunications (July 2003)

The Law on the Media (NN.163/03)

Article 5.

(1) The Republic of Croatia encourages and spreads pluralism and diversity of media in conformity with the law.

(2) Production and publishing of the programs related to:

– exercise of the right to public informing and quality of information of all citizens of the Republic of Croatia,

– exercise of the right to public informing and quality of information of persons belonging to national minorities and communities abroad

– exercise of the right to public informing and quality of information of persons belonging to national minorities in the Republic of Croatia,

– informing of the public on national minorities and issues related to exercises of minority rights in the Republic of Croatia and encouraging tolerance and the culture of dialogue...

shall be encouraged.

Comments on the implementation of the Article 9 of the FCNM:

- Constitution of the Republic of Croatia guarantees the freedom of thought and expression, while the Constitutional Law on the Rights of National Minorities guarantees access to the media and the performance of activities of public information (receiving and forwarding information) in the language and script which they use. The Law on media encourages production and publishing of the programs related to exercise of the right to public informing and quality of information of persons belonging to national minorities in the Republic of Croatia and informing of the public on national minorities and issues related to exercises of minority rights in the Republic of Croatia and encouraging tolerance and the culture of dialogue... 

- Results of the research on perception of national minorities in media and pre-election campaign for parliamentary elections show that writing about minorities is still largely politically influenced. Texts that would follow on the problems and life of national minorities in more comprehensive and analytical way are missing. This implies that minorities are still just a secondary topic in Croatian media.[1] The professor of Journalism of the Faculty of political Sciences, Mr. Stjepan Malovic, referring recent researches, warns, again, on how the Croatian media are still insufficiently sensible in reporting on national and other minorities and the issue of diversity in general. Reporting on national minorities is still affected by politics and protocol, even ghettoised, in most cases, into special columns and shows. Raising sensibility on those issues within media presents a great challenge but also a mission and education of editors and journalists of majority media is one of the main preconditions for it to be accomplished.[2] Opinions by representatives of national minorities from eastern Croatia point to the need for wider opening of media to persons belonging to national minorities and better quality and continuity in monitoring the topics they are interested in. These views show satisfaction with the implementation of local radio project on minority issues “ETNOS” and the need and wish for this project to continue in the future.[3] Intensity, quality and scope of monitoring and media reporting is different at national and local levels, in printed and electronic media, state and private media and there are, even, certain differences among broadcasts on national minorities and broadcasts in minority languages.

-  The Government supports receiving and dissemination of information and idea in minority languages and on minorities via printed media financed exclusively from the state budget of the Republic of Croatia through the Council for Ethnic and National Minorities (see under the Item IV.III.)[4] Minorities are represented in national radio and television broadcasts in limited and at minimum of the content and time considering number of persons belonging to national minorities in the Republic of Croatia and the census results related to mother tongue – with about 4%. Broadcasts on national minorities and languages of several national minorities are represented in regional branch studios of national radio and television, initially, on radio stations. Representatives of some national minorities criticise the quality of the program and insufficient involvement of persons belonging to minorities in editing and production of the programs in minority languages on relevant topics.[5] Lack of resources for production and broadcasting and lack of education of relevant people in minority related issues present the main problems affecting private and other local electronic media. In Eastern Slavonia two private radio stations broadcast their programs in Serbian and one in Serbian and Roma languages.[6] There are certain joint initiatives by several national minorities aimed towards assurance of common minority media space. So, for example, the Co-ordination of National Minorities of Vukovar-Sirmium County submitted a request to county authorities asking the authorities to advocate for assurance of media space for presentation of the work of Co-ordination on local Vinkovci television, an hour a month.[7] In order to initiate informing in languages of national minorities, Republic of Croatia ensured 900.000 HRK from the State budget for 2003 for special broadcasts and programs of national minorities in the television and radio.[8] On the basis of agreement on financing between the Council for Ethnic and National Minorities and Croatian Radio and Television, the Croatian Radio and Television started with the project of education for minority journalists, potential associates of the Editorial office for National Minorities of Croatian Radio and Television.[9] 

- Example of unequal possibilities for different minority communities in access to electronic media is the example of Radio Daruvar from Daruvar that broadcasts program in Czech language for persons belonging to local Czech minority. At the same time, request by Serbian minority for broadcasting the program in Serbian language was refused explaining that there were no resources ensured for that purpose.[10]