no. 07-00-00137/2018-02 date: 30.5.2018.

OPINION

The opinion was issued in the proceedings regarding the complaint of the AA association, filed against the responsible editor of the daily newspaper BB, in relation to the front page of that newspaper published on November 14, 2017, which showed a picture of a pregnant man, with the title: “Let’s prevent the sickness. Men in Serbia will give birth to children”, as well as regarding the text on the seventh page of this newspaper, titled: “The state must not allow this under any circumstances. Sickly. In Serbia, men will also soon give birth”. In the complaint, among other things, it was stated that by these titles, the ability of trans women to give birth is placed in the context of abnormality, and the need for discrimination against trans people is clearly insisted on, while in the statement, among other things, it is stated that the content of the complaint of the AA association is unfounded because there is no claim that the newspaper violated any article of the Law on Prohibition of Discrimination by its actions, and therefore did not discriminate against the citizens of Serbia on any basis. Analysis of the front page of the daily newspaper, as well as the title of the text published on page seven on November 14, 2017, expressed ideas and attitudes that are disturbing and humiliating and which insult the dignity of transgender persons, thus creating a humiliating and offensive environment. Bearing in mind that the Law on Public Information and Media stipulates that the responsible editors must answer for the content they edit, the Commissioner issued the opinion that by the headline “Let’s prevent the sickness. Men in Serbia will give birth to children” and the title of the text on page 7 of the newspaper “The state must not allow this under any circumstances. Sickly. In Serbia, men will also soon give birth”, published on November 14, 2017, the responsible editor of BB violated the provisions of Article 12 of the Law on Prohibition of Discrimination. Therefore, the responsible editor of the daily newspaper BB was recommended to publish an apology to transgender people in the daily newspaper within 15 days from the day of receiving this opinion with recommendation, as well as not to publish content that creates fear or a hostile, humiliating and offensive environment for transgender persons.

COMMISSIONER FOR THE PROTECTION OF EQUALITY

Brankica Janković