Ceo pristup je bio pogrešan
The Entire Approach was Wrong

Summary/Abstract: The author argues that that the entire approach in amending the Public Information Act was wrong. He points out that the Public Information Amendments Act was adopted by an undemocratic procedure without the public and expert debate. Only the Government and the members of the parliament participated in the debate. Concerning the statutory provisions regulating the prohibition of the conveyance of property and right to publish a journal to another person, the author underlines that the provision is unconstitutional and in conflict with the statutes regulating the right of property of natural and legal persons. It is regarded that the time limit of 12 hours for a court to pass a decision of temporary suspension of publishing activity as well as the penal provisions for commercial offences and petty offences prescribed by the statute are illegal while the high pecuniary penalties stipulated by the responsible person in a company have retributive nature and aim to suffocate media. Those penalties are several times higher than those prescribed for perpetrators of a criminal offence which does not have its justification. The amount of prescribed penalties leads to certain form of self-censorship and censorship. The author reminds about the precedents of the European Court of Human Rights which regard the high pecuniary penalties prescribed by statute and pronounced by the court and the high damages for offences committed through the media as violations of freedom of expression. Thus, the author considers the Public Information Amendments Act as undemocratic and illegal.

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