BiH: MFRR urges Republika Srpska deputies to not re-criminalise…

MFRR urges Republika Srpska deputies to not re-criminalise defamation

On 18 July, Republika Srpska’s National Assembly will vote to re-introduce criminal penalties for defamation. Media Freedom Rapid Response partners urge deputies to reject these amendments, as they would suppress journalism and public discourse across the country.

Members of the National Assembly in Republika Srpska, one of the two entities of Bosnia and Herzegovina, are called to vote on 18 July 2023 on the draft Law on Amendments to the Criminal Code, which would re-introduce criminal penalties for defamation. The Media Freedom Rapid Response (MFRR) partners call on deputies to vote against these amendments, which would stifle journalism, public debate, and civil discourse, not only in Republika Srpska but across the whole country.

Our organisations have warned of the dangers of criminalising defamation as draft amendments were introduced in March 2023. Since then, public discussions have taken place without addressing the concerns of the national and international journalistic communities, and in particular the risk of abuse of the new provisions to intimidate and silence journalists.

As a matter of principle, we remain opposed to any criminalisation of defamation. Nevertheless, compared with the initial draft, we welcome that in the latest version of the bill up for discussion in the Assembly tomorrow, proposed fines for the criminal offence of defamation have been lowered, from a proposed range of BAM 8,000-100,000 originally to BAM 1,000-6,000 in the latest version. Similarly, we welcome that newly introduced language now offers some protection of speech that is in the public interest

In a legal analysis of the suggested amendments published in April 2023, ARTICLE 19 Europe stated that the punitive nature of the applicable sanctions renders them to be a disproportionate interference with free speech. In addition to the problematic criminalisation of defamation, a particularly dangerous provision (Article 156a) provides for specific conduct (certain violations of privacy with a defamatory element) to be punished by imprisonment, which would lead to egregious violations of the right to freedom of expression and stifle civic discourse and the work of the media. Onerous financial penalties and the very process of criminal prosecution are a disproportionate response to the protection of one’s reputation. The defences against prosecution stipulated in the proposed legislation are insufficient to protect the possibilities to engage in a debate on issues of public interest, including through criticism of politicians and other public figures.

Our organisations have long opposed any law criminalising defamation, in line with international standards. We consider criminal defamation laws as unnecessary and disproportionate measures, violating the right to freedom of expression and contributing to a “chilling effect” on journalism and public debate. Where appropriate, alternative remedies such as a publication of a retraction, apology, or correction and the right of reply, constitute a better response to an unjustified attack on one’s reputation.

We reiterate our call on members of the Republika Srpska National Assembly to reject the amendments in their entirety.

Signed by:

ARTICLE 19 Europe
European Federation of Journalists (EFJ)
European Centre for Press and Media Freedom (ECPMF)
Free Press Unlimited (FPU)
International Press Institute (IPI)
OBC Transeuropa (OBCT)

This statement was coordinated by the Media Freedom Rapid Response (MFRR), a Europe-wide mechanism which tracks, monitors and responds to violations of press and media freedom in EU Member States and candidate countries.

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Bosnia and Herzegovina: Call on the National Assembly to…

Bosnia and Herzegovina: Call on the National Assembly to reject defamation law amendments

The Media Freedom Rapid Response is concerned by the recent developments in Republika Srpska, one of the two entities of Bosnia and Herzegovina, where the government has introduced amendments to the Criminal Code that would re-criminalise defamation.

In the discussions around the proposal, entity President Milorad Dodik accused journalists of lying, using strong derogatory language. Ahead of the session on 21 March, the undersigned partners urge members of the Republika Srpska National Assembly to reject the amendments.

On 31 October 2022, President Dodik published a thread on Twitter calling for the Minister of Justice to prepare new, and amend existing laws, with the goal to re-introduce defamation and insults as “criminal offences” in the Criminal Code of the Republika Srpska. This news was followed on 2 March 2023 by the National Assembly’ announcements that Republika Srpska had introduced draft amendments to the Criminal Code to re-criminalise defamation.

If approved by the National Assembly, the draft law would give way to arbitrary interpretation of what constitutes an insult or a degrading comment, and would allow for unjustified prosecution of journalists, members of civil society or organisations reporting on corruption and other public interest matters, and anyone writing publicly on social media. Republika Srpska had decriminalised defamation in 1999 in line with developing international standards and practices. Making defamation a crime again would be a direct hindrance to the principles of freedom of the press, and a conviction would lead to fines of between 3,000 and more than 50,000 euros.

The bill was strongly criticised by media workers and journalists’ organisations. On 14 March, journalists gathered in front of the National Assembly of Republika Srpska to protest the bill on criminal defamation, and appeal to the people’s deputies to dismiss the proposed amendments. The Parliament has postponed the discussion to debate the amendments to 21 March.

The discussions around the re-introduction of criminal defamation sparked unacceptable comments directed at journalists and media organisations during press conferences, often televised. Dodik on several occasions accused journalists of lying, while using strong derogatory language. This comes at a time when journalists in this entity are coming under increasing attacks and pressure: the recent interrogation of Nikola Morača, who works for the newspaper EuroBlic and the portal SrpskaInfo, and several editors and journalists, pressured by the police to reveal their sources; and the vandalism of the cars belonging to Morača and editor of Buka news portal Aleksandar Trifunović, are further concerning examples. Even before the beginning of the investigation Dodik accused the journalists of orchestrating the attack themselves.

Another worrying announcement by President Dodik is the introduction of the so-called “foreign agent law” on the activities of non-governmental organisations and associations – a copycat move from Georgia, whose bill was eventually withdrawn after being heavily criticised for its incompatibility with the laws protecting freedom of expression and freedom of association.

Our organisations strongly disagree with the proposed amendments and criminalisation of defamation and denounce any attempt to undermine, denigrate or hinder journalistic work. We will continue to closely monitor the situation in Republika Srpska in particular, and will respond to all threats to media freedom in Bosnia and Herzegovina. This includes the documentation of cases on the Mapping Media Freedom and the Council of Europe’s Safety of Journalists platforms.

Signed by:

ARTICLE 19 Europe
European Centre for Press and Media Freedom (ECPMF)
European Federation of Journalists (EFJ)
Free Press Unlimited (FPU)
International Press Institute (IPI)
OBC Transeuropa (OBCT)

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Bosnia and Herzegovina now covered under MFRR mandate

The Media Freedom Rapid Response (MFRR) mandate covers all EU member states and candidate countries.

Click here to read the statement in Bosnian.

On 15 December 2022, the leaders of the European Union voted unanimously to grant EU candidate status to Bosnia and Herzegovina. With this development, the Media Freedom Rapid Response (MFRR) can now include the country in its activities – including monitoring, support projects, and advocacy work.

Journalists in Bosnia and Herzegovina have been appearing frequently in reports related to attacks and threats against them. Reporters who focus on corruption, minority rights, LGBTI+, radicalism, and war crimes have been working under pressure from politicians and criminal groups. Politicians in the country have also been targeting journalists frequently and their influence over public media and regulatory bodies has been worrying. We are glad that our mandate now covers Bosnia and Herzegovina so we can help to protect journalists and strengthen media pluralism in a country that badly needs it.

As well as monitoring all media freedom violations that take place in Bosnia and Herzegovina and recording them on Mapping Media Freedom, the MFRR partners will now also be able to offer practical support to journalists and media workers in the country. This includes both legal support and practical support such as medical assistance, subsistence costs, psychological support, work provisions, family support, and preventative safety measures. Journalists in Bosnia and Herzegovina facing harassment or threats as a direct result of their work will also be eligible to apply for the Journalists-in-Residence programme.

Read more about the MFRR’s support offerings here and monitoring work here.

MFRR organizacija će monitorisati kršenja medijskih sloboda u BiH

Mandat orgamozacje Brzi odgovor na meidjske slobode ( MFRR) pokriva sve zemlje članice EU i zemlje sa kandidatskim statusom

Čelnici Evropske unije su 15. decembra 2022. godine su jednoglasno su usvojili kandidatski status Bosni i Hercegovini za članstvo u EU. Sa ovim napretkom, Media Freedom Rapid Response (MFRR) sada može uključiti Bosnu i Hercegovinu u svoje aktivnosti kroz praćenje, projekte podrške i zagovarački rad u oblast meidjskih slbooda I sigurnosti novinara.

“Novinari u Bosni i Hercegovini se često pojavljuju u izvještajima vezanim za napade i prijetnje protiv njih. Reporteri/novinari, čiji je rad fokusiran na otkrivanje korupcije, prava manjina, LGBTI+, radikalizamu i ratnim zločinima rade pod pritiskom političara i kriminalnih grupa. Političari u zemlji također su često napadali novinare, a njihov utjecaj na javne medije i regulatorna tijela je zabrinjavajući. Drago nam je što naš mandat sada pokriva Bosnu i Hercegovinu, kako bismo mogli pomoći u zaštiti novinara i jačanju medijskog pluralizma u zemlji kojoj je to istinski potrebno.”, izjavili su iz MFRR –a.

Osim što će pratiti sva kršenja slobode medija koja se dešavaju u Bosni i Hercegovini i bilježiti ih na platoformi Mapiranje medijskih sloboda, partneri MFRR-a sada će moći ponuditi i praktičnu podršku novinarima i medijskim radnicima u zemlji. Ovo uključuje i pravnu pomoć i praktičnu podršku kao što su medicinska zaštita, troškovi života, psihološka podrška, radna zaštita, podrška porodici i preventivne sigurnosne mjere. Novinari u BiH, koji su suočeni sa uznemiravanjem ili prijetnjama kao direktnim rezultatom svog rada, također će imati pravo da se prijave za Journalist-in-Residence program.

Pročitajte više o podršci MFRR-a i monitoringu rada ovdje.