US Embassy and EU Delegation on Criminalization of Defamation: Freedom of Expression for Journalists Threatened

(Patria) - The Government of Republika Srpska presented the Draft Amendments to the Criminal Code of Republika Srpska, which, among other things, introduce insult and defamation as criminal offenses, and those who violate these provisions will be punished with large fines. Reactions to such a move, which many consider to be the suppression of free and independent media and journalists, continue to pour in. The amendments to the law are expected to be on the agenda of the National Assembly of Republika Srpska session on March 14.

Ferdinand Koenig, spokesperson for the European Union Delegation and the Office of the European Union Special Representative in Bosnia and Herzegovina, commented on the mentioned Draft Law on Defamation in RS for Buka.

He reminded that in key priority no. 12 of the European Commission's Opinion on Bosnia and Herzegovina's application for EU membership, Bosnia and Herzegovina is called upon to take concrete steps in guaranteeing freedom of expression and media freedom and protecting journalists.

"The EU Office in Bosnia and Herzegovina believes that the criminalization of defamation would represent a step backward in terms of guaranteeing freedom of expression as a fundamental human right. Furthermore, qualifying defamation as a criminal offense is considered an outdated approach, and the decriminalization of defamation in BiH in 2002 was a significant achievement for this country," Koenig stated.

He added that the recently published European Commission Report for Bosnia and Herzegovina highlights the tendency of politicians and public officials to persistently use lawsuits to intimidate journalists and force them into self-censorship, which can be further exacerbated by the criminalization of defamation.

The US Embassy in BiH's Public Relations Office also commented on the controversial draft law for Buka, stating that "the criminalization of defamation would threaten freedom of expression as a fundamental human right and would have a direct impact on journalists' ability to report truthfully."

"We believe it is important for authorities to be open to criticism, even when it is not pleasant. Steps must be taken to counter disinformation, but we must always be vigilant when it comes to measures that give authorities overly broad powers to criminalize, censor, or suppress freedom of expression. Defamation laws are precisely such tools that repressive authorities use to twist and pervert laws to the detriment of journalists, persecuting them with lawsuits that journalists cannot afford to defend themselves against. Instead of criminal defamation laws, government institutions must take measures to create a safe and encouraging environment for free and independent media," concluded the US Embassy in BiH.