Živković Samardžić secured a victory for B92 at the European Court of Human Rights

Kruna Savović, Živković Samardžić Technology, Media and Telecommunications Partner and a Head of Media Litigation, led the Živković Samardžić team that has secured a victory for RADIO BROADCASTING COMPANY B92 AD at the European Court of Human Rights.

The case at hand originated in an application against Serbia (no. 67369/16), concerning the TV news broadcast and an online article published in 2011, naming the Assistant Minister of Health at the time, for whom the officers of the Organised Financial Crime Department’s Anti-Corruption Division of the Serbian Criminal Police Directorate, had a reason to suspect, in the pre-trial proceedings regarding the procurement of AH1N1 vaccines in 2009, was involved in the abuses. According to the TV news broadcast and online article published by B92, the name of the Assistant Minister of Health, along with several others, was omitted from the final criminal complaint that was brought against only three persons. Broadcaster based its reporting on a note filed by the officers of the Anti-Corruption Division informing their superiors on the issue.

In 2012, the Assistant Minister of Health instituted proceedings against the broadcaster in the Belgrade High Court, seeking compensation for non-pecuniary damage, publication of the court’s judgment, and removal of the two articles from the broadcaster’s Internet portal. The Assistant Minister submitted, in particular, that it was not true that she had been suspected of abuse of office, or of anything else, nor had she been removed from the alleged list of suspects because of illicit influence. The Belgrade High Court ruled partly in favor of the Assistant Minister and ordered the broadcaster to pay her RSD 200,000 (approximately EUR 1,750) with statutory interest by way of compensation for non-pecuniary damage, and RSD 113,100 (approximately EUR 990) for costs; and to remove one of the articles from its Internet portal. The Belgrade High Court also ordered the editor-in-chief to publish the judgment. The court found that the broadcaster had not used due diligence and so had not discovered the incompleteness of the information in question. Instead, according to the court, the broadcaster had relied on a document that contained operational findings of the police in pre-trial proceedings and as such did not constitute an official document of a relevant State body.

In 2014, the Belgrade Court of Appeal upheld the first-instance judgment and, in substance, endorsed its reasoning. In 2016, the Constitutional Court dismissed the broadcaster’s constitutional appeal.

In its judgment, the European Court of Human Rights, considered that the domestic courts took a rather limited view when characterizing the suggestion that the names disappeared from the list of suspects because of pressure from the Special Prosecutor on the Ministry of the Interior, as a statement of fact as well, and not as a value judgment for which the official internal note have provided factual basis. The European Court of Human Rights confirmed that even though internal official reports can be an important source for journalists, they cannot release them completely from their obligation to base their publications on sufficient research. However, the Court considered that by attempting to obtain the Assistant Minister’s and the Ministry’s version of events and by publishing the response of the Special Prosecutor’s Office, the broadcaster must be considered to have sought to achieve a balance in its reporting and has complied with its duty of diligence in verifying the authenticity and content of the police note. The Court was satisfied that the applicant company acted in good faith and with the diligence expected of a responsible journalist reporting on a matter of public interest.

The Court emphasized that if the national courts apply an overly rigorous approach to the assessment of journalists’ professional conduct, journalists could be unduly deterred from discharging their function of keeping the public informed. The courts must therefore take into account the likely impact of their rulings not only on the individual cases before them but also on the media in general. Their margin of appreciation is thus circumscribed by the interest of a democratic society in enabling the press to play its vital role in imparting information of serious public concern.

Thus, the European Court of Human Rights unanimously declared that there had been a violation of Article 10 of the Convention and held that the respondent state (Serbia) is to pay the broadcaster EUR 2,740 in respect of pecuniary damage, EUR 2,500 in respect of non-pecuniary damage and EUR 2,400 in respect of costs and expenses.

The original judgment in English language is available here.

You can read how Serbian media commented the judgment here and here.The team acting on behalf of B92 in this case, also included our former associate, Jovan Pjevač. 

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Kruna Savović – Honorary member of IJAS (NUNS)

Kruna Savović, Živković Samardžić Technology, Media, and Telecommunications Partner and the Head of Media Litigation is elected as an honorary member of the Independent Association of Journalists of Serbia – IJAS (NUNS).

Honorary members of IJAS (NUNS) are distinguished individuals, proven friends of IJAS, who work in domestic and foreign media organizations, scientific, cultural and sports institutions, non-governmental and governmental organizations and associations, universities, business companies, diplomatic missions, who contribute with their actions achieving the goals of IJAS. Honorary members are appointed by the executive board of IJAS.

Exceptional commitment to work makes Kruna a great lawyer who tries in every way to make society better, a friend who tries to help and understand people and their needs above all. That is why she is an honorary member of the great IJAS (NUNS) society.

Kruna is with Živković Samardžić since 2008. She specializes in Media Law and Intellectual Property. From the very beginning of her professional career, Kruna Savović has actively contributed to the initiatives advocating the struggle for a better society through participation in various humanitarian, cultural, philanthropic and socially-responsible campaigns and projects. Kruna is a trusted advisor to a number of national broadcast, print and on-line media and their associations. She is also an experienced media and intellectual property litigator. During her career, as Head Živković Samardžić Media Litigation practice, she led and participates in media strategy projects and was responsible for the implementation of the cases connected to Technology, Media and Telecommunications.

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Pokrenuta kampanja „Spasimo hranu, spasimo humanost“

Beograd, 23. avgust 2021. godine – Sa ciljem da poveća svest građana o problemu bacanja hrane i nedovoljnih donacija hrane, ali i da doprinese unapređenju praksi koje će podstaći povećanje donacija hrane, Koalicija za dobročinstvo predvođena Fondacijom Ana i Vlade Divac, uz finansijsku podršku Američke agencije za međunarodni razvoj (USAID), pokrenula je 23. avgusta kampanju „Spasimo hranu, spasimo humanost“.

Kampanja, koja će trajati do novembra ove godine, obuhvatiće niz akcija doniranja hrane pred „Nacionalni dan davanja“, kao i tokom samog dana koji se već tradicionalno održava 9. oktobra.

U Srbiji, na granici apsolutnog siromaštva živi sedam odsto stanovništva, odnosno, gotovo pola miliona ljudi. U riziku od siromaštva je gotovo četvrtina populacije (23,2%). Mnogi od ovih građana Srbije zavise od donacija hrane koje su trenutno nedovoljne, dok se prema procenama u Srbiji dnevno baca dva miliona kilograma hrane. 

Uprkos tome što se hrana sve više donira, a proizvođači hrane i trgovci žele da doniraju viškove hrane narodnim kuhinjama, bankama hrane i dobrotvornim organizacijama, količina hrane koja se donira i dalje čini samo mali deo u ukupnom višku jestive hrane dostupne u Srbiji. Rešenje ovog problema je u bližoj saradnji svih uključenih aktera.

Prema analizi koju su sproveli Forum za odgovorno poslovanje i Koalicija za dobročinstvo, donacije hrane u Srbiji bi mogle da budu uvećane na godišnjem nivou za vrednost od blizu 160 miliona dinara (na ukupno 700 miliona dinara), ukoliko bi bio ukinut PDV na donacije hrane.

Kada je u pitanju uticaj na životnu sredinu, podaci UN Agencije za hranu i poljoprivredu (FAO) ukazuju da je uništavanja hrane jedan od najvećih zagađivača vazduha sa osam odsto učešća u ukupnoj emisiji gasova koji izazivaju efekat staklene bašte na globalnom nivou.

Kampanjom „Spasimo hranu, spasimo humanost“ želimo da doprinesemo povećanju donacija hrane za najugroženije i smanjenju bacanja hrane koja je još uvek bezbedna za ljudsku upotrebu. Očekujemo veliku podršku građana, kompanija, organizacija civilnog sektora i medija i pozivamo sve da se uključe“ rekla je Ana Košel, direktorka Fondacije Ana i Vlade Divac.

Do sada su kampanju podržale advokatska kancelarija Živković-Samardžić, Hemofarm fondacija, Eurobanka, Erste banka, advokatska kancelarija Gecić Law, BlackRock, Elixir Group, Elixir fondacija, DM, Nestle, Delhaize, Američka privredna komora u Srbiji (AmCham), SOS Dečija sela Srbija, Federacija banaka hrane Srbije, Humano srce Šapca i Banka hrane Beograd, a u najavi je podrška još većeg broja kompanija i organizacija.

Kampanja „Spasimo hranu, spasimo humanost“ se realizuje u sklopu Projekta za unapređenje okvira za davanje koji finansira Američka agencija za međunarodni razvoj (USAID), a sprovodi Koalicija za dobročinstvo, koju predvodi Fondacija Ana i Vlade Divac. Ostali članovi Koalicije su Trag fondacija, Catalyst Balkans, SMART Kolektiv, Srpski filantropski forum, Forum za odgovorno poslovanje i Privredna komora Srbije.

Za više informacija o kampanji i načinima za uključivanje možete da posetite veb sajt: http://spasimohranu.rs/

Vizuale kampanje kao i video spotove možete da preuzmete sa linka.

Za više pravnih informacija možete se obratiti Kruni Savović, Nataši Sarić, Milici Nešić ili vašem redovnom kontaktu u advokatskoj kancelariji Živković Samardžić.

Launch of “Save Food, Save Humanity” Campaign

BELGRADE, August 23, 2021 – In order to increase public awareness of the problem of food waste and insufficient food donations, and also to contribute to the improvement of practices that would encourage  increased food donations, the Coalition for Giving led by the Ana and Vlade Divac Foundation, with the financial support of the United States Agency for International Development (USAID), launched the campaign “Save Food, Save Humanity” on August 23.

The campaign, which will run until November this year, will include food donation actions before the National Day of Giving , as well as during the day itself, which is traditionally held on October 9.

In Serbia, seven percent of the population lives on the edge of absolute poverty, that is, almost half a million people. Almost a quarter of the population (23.2%) is at risk of poverty. Many of these Serbian citizens depend on food donations, which are currently insufficient, while an estimated two 2 million kilograms of food are thrown away daily in Serbia.

Despite the fact that food donations are increasing, and food producers and merchants want to donate surplus food to soup kitchens, food banks and charities, the amount of food donated still makes up only a small portion of the total surplus edible food available in Serbia. The solution lies in the closer cooperation of all stakeholders.

According to analysis conducted by the Responsible Business Forum and the Coalition for Giving, food donations in Serbia could increase annually by a value of nearly 160 million dinars (to a total of 700 million dinars), if the VAT on food donations were to be abolished.

When it comes to environmental impact, data from the UN Food and Agriculture Organization (FAO), indicate that food destruction is one of the biggest air pollutants, generating eight percent of global greenhouse gas emissions.

“With the ’Let’s save food, let’s save humanity’ campaign, we want to contribute to increasing food donations for the most vulnerable and to reduce the waste of food that is still safe for human consumption. We expect great support from citizens, companies, civil society organizations and the media, and we invite everyone to get involved,” said Ana Koeshall, Director of the Ana and Vlade Divac Foundation.

So far, the campaign has been supported by the law office Živković-Samardžić, the Hemofarm Foundation, Eurobank, Erste Bank, Gecić Law Office BlackRock, Elixir Group, Elixir Foundation, DM, Nestle, Delhaize, AmCham, SOS Children’s Villages Serbia, Federation of Food Banks of Serbia, Humano srce Šapca and Food Bank Belgrade, and the support of an even larger number of companies and organizations has been announced.

The campaign ” Let’s save food, let’s save humanity ” is implemented as part of the Framework for Giving project, funded by the United States Agency for International Development (USAID), and implemented by the Coalition for Giving, led by the Ana and Vlade Divac Foundation. Other members of the Coalition are the Trag Foundation, Catalyst Balkans, SMART Kolektiv, the Serbian Philanthropy Forum, the Responsible Business Forum, and the Serbian Chamber of Commerce and Industry.

For more information about the campaign and ways to get involved, you can visit the website: http://spasimohranu.rs/

You can download Campaign visuals as well as videos from the link. Furthermore, you can contact Kruna Savović, Nataša Sarić, Milica Nešić for more legal information about the Coalition for Giving is calling for the abolition of VAT on food donations or any regular contacts at Živković Samardžić law office.

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The Coalition for Giving is calling for the abolition of VAT on food donations

Belgrade, December 1, 2020 – Ever since the introduction of the value added tax (VAT) in Serbia sixteen years ago, VAT has also been collected on food donations. According to data from 2018, almost 500,000 people in Serbia are not able to meet basic living needs, including food, and the levying of VAT on food donations makes it even harder to help these people.

The abolition of VAT in Serbia would increase food donations by nearly 160 million dinars and would total almost 700 million dinars annually. This would provide approximately 1.2 million additional meals in soup kitchens per year. The proposal is supported by 88% of the population of Serbia according to the survey from September and October 2020.

Therefore, the members of the Coalition for Giving submitted a proposal to the Ministry of Finance to abolish the VAT on food donations before the food expiration date through the new Draft on Amendments to the Law on VAT. The proposal is based on best European practices and EU guidelines. Twenty out of 27 EU countries do not charge VAT on donated food. Additionally, according to the UN Food and Agriculture Agency, by-products of food destruction are one of the biggest air pollutants and have a 8% share in the total greenhouse gas emissions at the global level.

“Given that almost half a million people in Serbia cannot meet basic living needs and that the destruction of food is harmful to the environment, we recommend that VAT on food donations should be abolished. Currently, it is cheaper for companies to wait for the food to expire and destroy it without paying VAT, instead of donating it while the food is still good for use,” the Coalition said.

Amendments to the Law on VAT would create an opportunity for companies to donate food worth hundreds of thousands of euros to the most vulnerable citizens and contribute to the fulfillment of the United Nations’ sustainable development goals, to which Serbia is committed.

Members of the Coalition for Giving – Ana and Vlade Divac Foundation, Trag Foundation, Smart Kolektiv, Catalyst Balkans, Serbian Philanthropy Forum and Forum for Responsible Business submitted the proposal based on the analysis of a cost-benefit analysis of abolishing the obligation to pay VAT in Serbia conducted within Framework for Giving project implemented by the Coalition for Giving and funded by the USAID.

For more information, please contact Miljana Kercu via email at miljana.kercu@divac.com or via phone at +381 62 79 77 46. or more information about the analysis, please contact Milica Miskovic via email at milica@smartkolektiv.org.

Furthermore, you can contact Kruna Savović, Nataša Sarić, Igor Petronijević for more legal information about the Coalition for Giving is calling for the abolition of VAT on food donations or any regular contacts at Živković Samardžić law office.

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Živković Samardžić on the public discussion of the Draft of the Law on Accounting at the Serbian Chamber of Commerce

At the initiative of SMART kolektiv, which was supported by the Koalicija za dobročinstvo (Coalition for benevolence) (LPF) whose members are the representatives of the Živković Samardžić Law Office, Kruna Savović and Nataša Sarić, a public discussion was implemented regarding the Draft of the Law on Accounting, in the period from August to September 2019. In the last year and a half, intensive work was carried out to prepare the draft of the law and the deficiencies shown by the practice of implementing the existing laws during six years were identified through many meetings.

Participants in this public discussion were the representatives of state authorities and institutions, representatives of business associations, such as the Serbian Chamber of Commerce, Foreign Investors Council, American Chamber of Commerce and others, as well as the representatives of auditing and accounting associations and representatives of the academic and civil sector. All participants in the public discussion participated actively and stated their comments regarding the text of the Draft of the Law on Accounting, where during a single public discussion more than 80 different participants submitted their comments regarding the text of the Draft of the Law on Accounting.

The reasons for objections to the Draft of the Law on Accounting submitted by the participants mostly referred to improving the quality of corporate financial reporting and strengthening the trust in financial and audit reports, as well as compliance with the requirements of the new EU regulations and meeting one of the measures for closing chapter six, as well as eliminating the detected deficiencies in existing decisions.

The team consisting of SMART kolektiv and attorneys from the Živković Samardžić Law Office proposed a change to the draft of the law which was adopted in the part referring to non-financial reporting by additional detailing of the obligations of compiling and the manner of compiling these reports. Additionally, the proposal of the team consisting of Smart Kolektiv and Živković Samardžić attorneys stating that other legal entities referred to in Article 2 of the Draft of the Law on Accounting (associations, foundations, endowments, etc.) should still implement special bylaws regulating the Chart of Accounts and the contents and form of financial statements forms, just like in the previous Law on Accounting, was accepted as well.

All mentioned proposals to amend the draft of the Law on Accounting have the purpose to improve the transparency of operation of civil organizations (associations, foundations, endowments) and prevent potential violation of the legal norm.

The law has been in the assembly procedure since 16 September 2019.

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National Philanthropy Conference: The Future of Giving

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Photo credit: Trag fondacija/Dunja Dopsaj

With the idea of participating in the joint initiation of the dialogue on improving the legal and fiscal framework of giving for the common good, philanthropic trends identified in the conducted research projects, as well as on the subject of current philanthropic practices, our colleague Kruna Savović, Head of the Sector for court representation in media-related disputes of the Law Office Živković Samardžić, participated today at the National Philanthropy Conference: The Future of Giving, within the panel Investments as a legitimate philanthropic practice. (more…)

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Astroturfing Serbian way, just when we thought we’d seen it all …

Photo by Adrian Curiel on Unsplash

Astroturfing – the deceptive practice of presenting an orchestrated public relations campaign in the guise of unsolicited comments from members of the public, has reached its new height in the letters to the editor section of “Politika”, Serbia’s newspaper of record.   (more…)

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Živković Samardžić secures injunction for Prva against Pink International Company

After an application brought by Živković Samardžić on behalf of Serbian commercial television network with national coverage Prva, the Commercial Court in Belgrade has granted an interim injunction against Pink International Company, a parent company of Pink TV network in Serbia and member of the regional Pink Media Group.

The injunction restrains the broadcast of any television program under the name EXKLUZIV or any other name containing the word “exclusive” and distinctive elements of Prva’s registered trademark, whatever transliteration and/or regardless of typography used.

Prva applied for the injunction after Pink announced the broadcast of the program on the same topic (celebrity news and interviews), under almost the identical name and with logo strikingly resembling the logo of the program that was produced by Prva and aired on its channel for several seasons. Prva had the name and the logo of its program protected by the trademark more than six years ago.

The Živković Samardžić team securing the injunction for Prva was led by Kruna Savović, senior associate and Miloš Stojković, associate.

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