No. 07-00-105/2024-02  date: 30.5.2024.

OPINION

The opinion was issued in response to a complaint filed by the Association AA against BB, a Member of Parliament, regarding his statement made during a television program on “CC” TV on February 22, 2024. In this statement, he said: “Look, now I’m going to tell you something because it has really come to the end, when we have to act like Gypsies in court…” thereby discriminating against the entire Roma community. Since BB, against whom the complaint was filed, did not respond to the allegations within the legally prescribed timeframe for submitting a statement, nor by the conclusion of this procedure, the Commissioner, taking into account the rule on the redistribution and transfer of the burden of proof prescribed by Article 45 of the Law on Prohibition of Discrimination, considered the allegations in the complaint and the evidence submitted with it when issuing the opinion in this case. During the proceedings, the Commissioner first established that BB, as a Member of Parliament, is not protected by parliamentary immunity in this case, given that the statement in question was not made in the course of performing his parliamentary duties. Upon reviewing the provided link, it was confirmed that BB appeared as a guest on a program on “CC” TV on February 22, 2024, and stated: “Look, now I’m going to tell you something because it has really come to the end, when we have to act like Gypsies in court…” Given the context of the statement in which the term “Gypsies” was used, it can be concluded that this term was employed to describe people with a set of negative characteristics. In analyzing BB’s statement, the Commissioner considered the importance of freedom of expression on the one hand, but also the limitations of this freedom, which exist, among other things, to protect the rights and reputation of others, as prescribed by the Constitution and the Law on Prohibition of Discrimination. The Commissioner for the Protection of Equality also took into account the fact that, in response to a statement made by MP BB during the constitutive session of the National Assembly of the Republic of Serbia on February 6, 2024, a public warning had been issued. This warning emphasized, among other things, that all public officials and public figures bear a special responsibility for their publicly spoken words and should have heightened awareness that their statements must not further reinforce prejudices and stereotypes, which is why it was deemed important for MP BB to apologize to Roma men and women. Following the conducted proceedings, the Commissioner determined that BB’s statement made during the program on “CC” TV on February 22, 2024, was expressed in a negative context, spreading negative stereotypes and prejudices against the Roma national minority. Considering the context in which the Member of Parliament used the term “Gypsies”, the Commissioner issued an opinion that in this specific case, BB violated the provisions of Article 12, Paragraph 1, in connection with Article 24 of the Law on Prohibition of Discrimination. The Commissioner recommended that MP BB issue a written apology to members of the Roma community and, in the future, ensure that, within his regular duties and activities, he does not violate legal regulations on the prohibition of discrimination or make statements that offend the dignity of members of the Roma national minority.

COMMISSIONER FOR THE PROTECTION OF EQUALITY
Brankica Janković