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LAW ON PUBLIC INFORMATION

(Official Gazette of RS, No. 43/2003, 61/2005, 64/2007)

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Ban on hate speech

Article 38

It is unlawful to publish ideas, information or opinions that encourage discrimination, hatred or violence against people or a group of people by reason only of their belonging or non-belonging to a particular race, religion, nation, ethnic group, sex, or because of their sexual orientation, regardless of whether a criminal act was committed as the result of such publication.

Legal action against violating a ban on hate speech

Article 39

A person who is a member of a group designated under Article 38, is entitled to bring legal action against the author of information prescribed in that Article, as well as against the responsible editor of the newspaper in which such information was published and to request a ban on the republishing of the information and an announcement of the verdict at the expense of the defendants.

Any legal person whose aim is the protection of liberties and the rights of man and citizen, well as any organization whose aim is the protection of the interests of groups designated under Article 38, may bring legal action against the author of such information or the responsible editor.

If the information prescribed by Article 38 pertains to a specific person, the legal persons or organizations referenced in Paragraph 2 of this Article may bring legal action, provided that the person to whom the information pertains gives his/her consent.

Provisions of the law governing law suits shall be applied to law suits brought under Paragraphs 1 to 3 of this Article.

Release from responsibility

Article 40

There will be no violation of the ban on hate speech if the information referenced in Article 38 constitutes part of a scientific or newspaper text that was published:

1) Without any intention to encourage discrimination, hatred or violence against people or a group of people designated under Article 38, particularly if such information is part of an unbiased newspaper report;

2) With the intention of critically pointing to discrimination, hatred or violence against people or a group of people designated under Article 38, or to the phenomena that encourage or may encourage such conduct.

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