The decision of the Police Directorate to initiate misdemeanour proceedings against journalist Brano Mandić for his well-founded satirical critique expressed in a column is deeply disturbing. We believe that even initiating such proceedings threatens freedom of speech, which is protected by the Constitution and laws of Montenegro, as well as international standards on freedom of expression.

Based on a misdemeanour report filed by the Police Directorate, submitted by Aleksa Rečević, Head of the Public Order and Peace Unit at the Podgorica Security Center, Mandić will face trial for using his column to defend the dignity of a female colleague from a university professor’s sexist public remarks and to highlight the unacceptable silence of relevant institutions in response to the incident. Moreover, he could even face imprisonment as a result.

Mandić’s text is satire, which, according to rulings by the European Court of Human Rights, enjoys a high level of protection and allows for sharper, more polemical expressions when presenting value judgments on controversial social issues – precisely to spark debate in the public interest.

In his column, Mandić critically examined the problematic behavior of a university professor, who, as a public figure, must tolerate a higher degree of criticism than ordinary citizens.

The Code of Journalists of Montenegro explicitly states that “facts are inviolable, and commentary is free”, thereby distinguishing between news reporting and opinion columns, facts and value judgments, granting columnists greater freedom to challenge issues of public interest. Mandić’s column is not factually incorrect; it expresses a value judgment that, while not necessarily shared by everyone, must be protected in a democratic society.

The application of the Law on Public Order and Peace to media and related content on social networks, as referenced by the police in the misdemeanour complaint, is highly problematic and controversial. Although Article 7, paragraph 1 of the Law sanctions “offensive and insolent behaviour,” the European Court of Human Rights has long upheld that freedom of expression protects speech that includes a degree of offense, exaggeration, and provocation, if it is factually based and pertains to matters of public interest.

Considering these arguments, and particularly the distress publicly expressed by Mandić, who described the proceedings against him as “state control and aggression”, we call on the Police Directorate to drop the charges and send a clear message to the public that constructive social criticism is welcome, and that freedom of speech remains a protected value.

Human Rights Action (HRA)
Center for Democratic Transition (CDT)
Centre for Civic Education (CCE)
Center for Investigative Journalism (CIN)
Women’s Rights Center (WRC)
Montenegrin Media Institute (MMI)
Media Center (MC)
Network for Affirmation of the NGO Sector (MANS)
Trade Union of Media of Montenegro (SMCG)