The conclusion was somewhat paradoxical: Serbia, and neither the other countries of the Western Balkans, should by no means rush to comply with the European Union's regulations. It was a surprising message from a meeting attended by respectable members and researchers of civil society, UNESCO, journalists, representatives of journalistic associations, and the Commissioner for the Protection of Equality...

Of course, this introduction was misleading. The almost unanimous conclusion of the workshop organized by Partners Serbia and UNESCO, entitled "Digital platforms and management of online media in Serbia", was that none of the observed countries - the Western Balkans plus Türkiye - are even close to being ready to enter the process of harmonizing with the new European regulations, but - not with all regulations.

Only with two. (for now)

What are the EU regulations, which, if not introduced gradually in phases with controlled implementation and international supervision, could collapse the already fragile media legislative framework, as was discussed at the workshop?

These are the Digital Services Act (DSA) and the European Media Freedom Act (EMFA).

DSA should establish clear rules and responsibilities for large digital platforms and online intermediaries to create a safer and more transparent digital space. These guidelines are essential for reforming the entire digital ecosystem, encompassing media portals, non-governmental organizations, and state institutions responsible for information security and user protection. The goals of the DSA are to combat illegal content on the Internet, including goods, services, and information; to address social risks on the Internet; and to ensure the transparency of online platforms.

On the other hand, EMFA should establish a common framework for protecting media freedoms, pluralism, and editorial and media independence. Of the numerous tasks set by this act, the security of editorial independence, the protection of journalistic sources from the use of spyware, the independent functioning of the media, protective measures when large internet platforms unjustifiably hide media content...

But aren't those good things, the reader will ask? Especially in the online media market in Serbia.

They certainly are. However, these are extremely complicated regulations, with which even developed EU countries are just getting to know and getting used to them (DSA entered into force in 2024, and EMFA in 2025).

The regulation of digital platforms is a broad umbrella solution that looks at things much more broadly than the content itself, namely from the platform itself - it is about creating a comprehensive environment for the entire digital ecosystem.

Or, as one of the participants of the workshop said, "We are still talking here about what should be the basic principles of public service work - how then do we plan to deal with the regulation of digital service platforms, which are much more complex and a much more serious problem?"

At the workshop, a range of risks was presented that a quick and formal harmonization of legislation with the DSA could bring to countries still in the process of joining the European Union, especially when authorities in one country prioritize their interests over the public interest.

"Although the DSA was brought with an excellent idea and contains good mechanisms, it is complicated and complex: in the hands of a more or less authoritarian regime, the DSA can be a hazardous weapon for the control of information, public opinion and political control", was the opinion of one of the workshop participants.

"When it comes to countries with such a pronounced level of political mistrust, eroded institutions, and autocracy, we need to see if these processes can be slowed down in any way, because perhaps it is not the right political or institutional time to deal with such serious issues," warned another.

Why are the observed countries not ready? And why was Serbia rated as the "worst student" among them?

According to the risk analysis performed, several problems have been identified in Serbia.

The first problem is the general lack of transparency in all legislative processes. Working groups are often formed without public input, and it is generally not known who their members are. Draft laws are sometimes not available, and public discussions are mostly conducted formally—and sometimes not even formally.

Further, the processes increasingly become a means of institutional control over the content, with a formal call for alignment with the European Union, to "unlock new money", that is, the new donations we receive, but without essential alignment with those mechanisms.

In Serbia, there is a pronounced weakness in institutions, not only regarding REM but also in other independent institutions that often lack the capacity and, frequently, the political independence to fulfill their responsibilities.

There would be a deterrent effect and potential legalization of censorship if the provisions of the DSA were selectively applied, as current laws often are.

Currently, there are very few capacities for implementing these provisions - both in terms of knowledge and human resources - and at the same time, there is no coordination within state institutions, nor is there involvement from the civil sector.

"We need a lot more institutional infrastructure, capacity, and political commitment to have good regulation, but also a good media ecosystem as a result of that regulation. In this kind of setting, we need very skilled and legal and political solutions for these kinds of problems, and we have to reach them through some consensus and dialogue, which, of course, at the moment, you all understand, has completely disappeared", could be heard at the workshop.

When it comes to the other observed countries, they too are at risk of developing a regulatory framework for platforms on an underdeveloped media legislative framework. Montenegro was highlighted as a positive example, which will adopt a law that represents only a framework in which work will be done to create an environment for the adoption of a law on digital services. Ways, methods, and models of inter-institutional cooperation will be foreseen, and existing digital services will be identified.

Also, the interlocutors had the same attitude when it comes to the attitude of the European Union towards future laws in the candidate countries: the European Commission will not give the "green light" to the proposed regulations to start implementation, if the fundamental issue - the independence of the regulator - is not resolved.

"The independence of the regulator will be the basic criterion for assessing the compliance of the law, and we must understand that we do not have to immediately rush into some big and ambitious and, God forbid, politically driven legal solutions, but we should stop and understand that we can adopt a narrow legal solution that does not deal with specific methods of regulation. We should not immediately transfer all the big solutions from the Act on Digital Services", is the opinion of one of the participants.

Therefore, if it happens, the authorities will not pay off even this new "muddling" in connection with the election of the REM Council.

"Serbia, to some extent, Bosnia and Herzegovina, and increasingly Kosovo, are experiencing a high degree of political capture. This can best be explained by observing how the laws themselves are adopted. In almost every country of the Western Balkans, except North Macedonia, during the monitoring period (November 2024 - May 2025), changes were made to laws related to public services. It went so far that literally every decision could be interpreted as a political entrapment, that is, the influence of politics even on the smallest decisions related to public service", was the assessment of the leading researcher at this workshop.

 

But how to get out of this situation? What is necessary to do, at a time when, as noted, "social networks are no longer just communication channels, but they are direct competitors to the media - in Serbia, 67% of citizens use networks as a primary source of information"?

The researchers' recommendations are as follows:

- It is necessary to maintain a transparent and independent election of REM members, which would be resistant to political influences;

- already mentioned gradual and phased alignment with DSA, with independent supervision and a transitional period, to avoid wrong and hasty decisions;

- mandatory inclusion of civil society and the academic community in all stages of the legislative process;

- international supervision and monitoring of the application of DSA and related regulations;

- systematic investment in the capacities of independent institutions, so that they can function efficiently and independently;

- protection of human rights as the basis of regulatory reform, instead of relying on political or economic interests;

- consistent application of existing laws, especially about surveillance and the use of spy technologies;

- strengthening of all relevant institutions, not only the REM, but also the Commissioner, the Protector of Citizens, and others;

- multi-stakeholder approach, which would imply active cooperation of the authorities with the civil sector and international partners.

 

In these circumstances, what could be said - a piece of cake.

Apart from these recommendations for Serbia, the interlocutors agreed that, and urgently, given the different starting positions, the countries of the Western Balkans should act together towards digital platforms. Namely, each of the countries is too small and uninteresting to be considered by huge platforms, and DSA does not mean that the state regulates content, but rather that the states regulate relations with the platforms. Or, as it was said at the workshop, "we are so insignificant to them that they wouldn't even notice that we shut down Facebook here."

However, we remained indebted: why was Serbia declared "the worst of all children"?

This problem is complex to observe from Serbia. Still, several participants stated that countries in the region complain about the significant damage caused by tabloids from Serbia, due to the same or similar language area.

"It was simply fascinating to me that tabloids in other countries still respect some standards, or at least they are not as creative as ours. As much damage as they cause to the region, I believe that they cause as much damage to some other countries that are in the European Union, such as Croatia, with which we again have the same language space," said one of the participants, while another continued:

"We have become a case study in which various negative trends are reflected, and I am no longer comfortable attending such gatherings, I must admit.

Because you no longer argue to justify anything, and you don't have a mechanism to fight against it."

This is what happens when existing laws are not applied equally to everyone.

 

Radmilo Marković, journalist