What Laws and Ethical Rules Do Media Violate by Publishing Intimate Recordings — and Where and How to File a Complaint
(Source: ANEM) By publishing someone’s intimate videos or photographs without the consent of the person depicted, media outlets violate several laws and provisions of the Serbian Journalists’ Code of Ethics. Such conduct is therefore unprofessional, unacceptable, and unethical.
Which laws are violated?
Article 144 of the Criminal Code states that anyone who, without authorization, makes a photographic, film, video, or other recording of a person and thereby seriously intrudes upon their private life — or who delivers or shows such a recording to a third person, or otherwise enables a third person to access it — shall be punished by a fine or imprisonment for up to one year.
Article 145 further states:
“Whoever publishes or displays a document, portrait, photograph, film, or phonogram of a personal nature without the consent of the person who created the document or to whom it relates, or without the consent of the person depicted or whose voice is recorded — and thereby seriously intrudes into that person’s private life — shall be punished by a fine or imprisonment for up to two years.”
The Law on Public Information and Media is also relevant.
Article 90 specifies that publishing information that violates a person’s honor, reputation, or dignity, or portrays them in a false light by attributing traits they do not possess or denying traits they do, is not allowed unless the public interest outweighs the interest in protecting dignity — particularly when the information contributes to a public debate of legitimate importance.
Article 91 states that information from private life — such as personal records (letters, diaries, notes, digital files), images of a person (photographic, drawn, film, video, digital), or recordings of their voice — may not be published without the consent of the affected person, if it is possible to identify who they are.
How is the Serbian Journalists’ Code of Ethics violated?
Publishing intimate recordings in the media violates multiple ethical and professional standards.
According to the Code, journalists must respect the principles of avoiding harm to an individual’s reputation and dignity, and must not contribute to spreading falsehoods or maliciously damaging a person’s reputation.
Journalists must also respect people’s right to privacy.
In collecting information, photos, documents, audio, and video materials — and in publishing them — journalists must use only honorable means.
The Code states:
“Journalists and editors must not publish materials obtained through hidden cameras, listening devices, unauthorized recording, or similar covert means, except when doing so serves the public interest — for example, when revealing threats to health and safety, corruption, or abuse of office. Such exceptions must be applied strictly in line with the Code’s rules.”
Where and how to file a complaint?
For television and radio content
Individuals and legal entities can submit complaints to the Regulatory Authority for Electronic Media (REM) regarding broadcast content if they believe their personal or general interests have been violated.
REM forwards the complaint to the broadcaster, which must respond within 15 days.
If the broadcaster denies wrongdoing or does not respond, and REM still finds the complaint justified, REM must take appropriate measures and inform the complainant how they can further protect their rights.
Complaints can be submitted via REM’s website.
For print media and online portals
The Press Council has a Complaints Commission that decides on complaints related to articles, photographs, and other content.
Anyone directly affected by published content may file a complaint.
Parents or guardians may file on behalf of minors, and human rights organizations may file complaints when the rights of a specific group are affected.
Complaints may be submitted against content in daily and periodic print media, their websites, online news portals, news agencies, as well as letters or comments from readers.
Complaints must relate to violations of the Journalists’ Code of Ethics — therefore, complainants should review the Code before submitting.
The Press Council does not accept complaints about print content older than three months.
Complaints about online content may be submitted as long as the material remains publicly available.
Complaints can be sent to:
Press Council, Kraljice Natalije 28, 11000 Belgrade
or via email: [email protected], [email protected],
or by filling out the online form.
Support services for cases of violence against women and revenge pornography
Help and support are available from organizations such as:
- Autonomous Women’s Center (AŽC) – Legal aid: 065 265 6178, [email protected]
- OsnaŽene – Psychological support: 063 767 4169 / 065 819 6872 (appointments on weekdays from 11:00 to 18:00)