Decision on the Complaint Submitted by Sanja Kovačević

The Commission has established that the CDM portal was under no legal or ethical obligation to contact the complainant, Ms. Sanja Kovačević, prior to publishing the article in question. This conclusion is based on the fact that the article included a statement made by the complainant herself, thereby satisfying the fundamental principle of audiatur et altera pars (let the other side be heard), which underpins fair and professional reporting.

The Commission accepted the argument presented by the CDM portal that Ms. Kovačević is a public figure, serving as a councillor in the Municipal Assembly of Berane. According to both domestic and international standards, public officials enjoy a narrower scope of privacy rights compared to private individuals, particularly in matters of public interest. Media are therefore permitted to publish information and statements relating to public duties, events, or persons of public relevance, without prior consent.

The Commission also determined that the message “Blood was shed,” which was the subject of the complaint, was publicly posted by Ms. Kovačević on her Facebook profile. As such, the statement was rendered publicly accessible and, following established jurisprudence, content shared on social media platforms may be treated as statements made in the public domain. Accordingly, the editorial team was not required to further contact the complainant to obtain additional comments.

Based on the aforementioned facts and legal standards, the Commission concludes that the complaint submitted by Ms. Sanja Kovačević is unfounded, and that the CDM portal did not breach the principles of the Code of Journalists, including the principles of truthfulness and fair reporting. The actions of the CDM portal were consistent with professional and ethical standards of journalism, and no violation of the complainant's rights occurred.

REASONING

The Media Self-Regulation Council received a complaint from Ms. Sanja Kovačević, whose Facebook comment was used as the basis for the article published on the CDM portal titled “PES Councillor in Berane Commented on Montenegro’s Independence Day Celebration with the Message ‘Blood Was Shed.’” In her complaint, Ms. Kovačević stated that the article featured her comment, which she claimed was made in response to a post by her former friend and did not contain offensive content.

“Today, the CDM portal published a screenshot containing my comment on a post by my former friend, which reads ‘BLOOD WAS SHED.’ I do not believe this comment offends anyone or anything. The article mentioned my name and position in a negative context without contacting me for a statement beforehand. I believe this violates the journalist code of ethics and fair reporting, and I feel deliberately targeted and that my rights have been infringed. I urge you to take appropriate action, because journalism is the conscience of any society—and as the niece of Dušan Bogavac, whose name is associated with an award for freedom of information, I am deeply aware of the importance of your mission and the harm such examples can cause,” wrote Ms. Kovačević, providing a link to the article.

The Media Self-Regulation Council subsequently contacted the CDM portal for a statement regarding the complaint.

In their response, the CDM editorial board stated that they had not violated the journalistic code of ethics.

“Ms. Sanja Kovačević is a public figure and an officeholder, being a councillor for the PES party in the Municipal Assembly of Berane. Her public statements attract increased public interest. Additionally, her Facebook profile is open and publicly accessible,” the portal stated.

They also clarified that the screenshot of her comment was taken from the social media platform X (formerly Twitter), as indicated in the article, and that the comment had already been widely shared on various social media platforms well before the article was published.

They referred to Article 45 of the Media Law, which states:

“Holders of state and political office must tolerate critical opinions relating to their work or the policies they advocate or implement, or which are connected to the performance of their official duties.”

The Complaints Commission reviewed the disputed article, the complaint submitted, and the editorial statement provided by CDM.

The article published by CDM included a screenshot of a Facebook post that had circulated across multiple social media platforms. The editorial board noted that Ms. Kovačević’s comment had provoked strong public reactions, with some users demanding an institutional response, describing the statement as unacceptable hate speech—particularly coming from a healthcare professional. Several of these reactions were also included in the article, and the matter was reported on by nearly all relevant media outlets.

Furthermore, the article contained Ms. Kovačević’s own follow-up public statement, also posted on Facebook:

“See what came of one seemingly harmless comment. To clarify for all those evil, concerned souls: blood was shed for Montenegro for centuries. Montenegro wasn’t born 19 years ago, it existed long before and will continue to exist. It wasn’t founded on cotton but on the blood of generations before us. But the likes of Pavličević & Co. don’t care about that—they’re more interested in spreading hatred and targeting me for a few political points, because that’s all they’re capable of. Gentlemen, although you’re far from that, my patriotism doesn’t come from a cushy job and a subsidized apartment—it’s not about sowing hatred. Quite the opposite.”

Based on this, the Commission determined that CDM had, in fact, published her statement, and was therefore under no further obligation to seek an additional comment. The Commission also accepted CDM’s argument that public officials must tolerate critical opinions relating to their work or the policies they represent or implement.

Principle VII of the Code of Journalists states:

“Journalists must treat people’s private lives with utmost sensitivity,” and
“The right to privacy is inversely proportional to the public importance of the function held by the individual. Even in such cases, human dignity must be respected.”

The Commission found that Ms. Sanja Kovačević, as a councilor for the Europe Now Movement in the Municipal Assembly of Berane, is subject to a higher threshold for public criticism. Public officials are also expected to understand the weight and potential consequences of publicly expressed opinions.

Moreover, the complainant did not request a correction or response from the CDM portal, nor did she contest the factual accuracy of the published information.

FINAL DECISION

The Commission hereby concludes that the CDM portal did not breach any provisions of the Code of Journalists of Montenegro by publishing the article in question.

Complaints and Monitoring Commission:
Aneta Spaić
Sonja Drobac
Danilo Burzan
Branko Vojičić
Ranko Vujović