BH JOURNALISTS DEMAND WITHDRAWAL OF LAW: Instead of security protection, the Federal Government proposes prison sentences for journalists

(Patria) - The Steering Committee of the BH Journalists Association/Union demands the withdrawal from parliamentary procedure of the Bill on Amendments to the Criminal Code of the Federation of Bosnia and Herzegovina (Federation of BiH) as it contains provisions whose adoption and application could restrict the right to freedom of expression, and hinder the daily work of journalists and media in the public interest.

The Steering Committee of BH Journalists believes that the introduction of criminal sanctions and prison sentences for publishing photographs, recordings, and documents, without the prior consent of the persons to whom the aforementioned documents relate, could seriously jeopardize the fundamental values of journalism and the professional work of the media, but also legalize censorship through disproportionate protection of the privacy of all, including persons in state and other public positions, who have voluntarily agreed to publicly expose their privacy and the ways in which they perform public functions.

According to the information available to BH Journalists, the Government of the Federation of BiH submitted the Bill on Amendments to the Criminal Code of the Federation of BiH to the parliamentary procedure on 16.12.2024, which in Article 193. A stipulates that anyone who "directly or through information and communication technologies, publishes or displays a document, portrait, photograph, film, phonogram, or other content of a personal nature without the consent of the person who compiled the document or to whom the document relates… or without the consent of the person whose consent is required by law" shall be punished by a fine or imprisonment for up to three years.

The Steering Committee of BH Journalists assesses that the aforementioned provisions, which are quite broadly defined and unclearly formulated, can completely prevent daily media reporting from sessions of legislative and executive bodies, public trials, police investigations at the scenes of incidents and crimes, as well as all other public events, if the provisions on the obligation to obtain prior consent are adopted! Furthermore, the aforementioned article is contrary to legal acts and international recommendations that allow media and journalists to record, photograph, and collect facts for the purpose of media texts without seeking prior consent from individuals and/or institutions.

For the Steering Committee of BH Journalists, it is also very indicative that the Government of the Federation of BiH resorts to criminal provisions that directly threaten the journalistic profession, while at the same time not taking into account the numerous requests from the journalistic community, state and independent institutions, as well as the European Union, to more effectively protect the safety of journalists and media workers through criminal legislation.

In Article 359. A, the Federal Government seeks only the protection of doctors, but not journalists or members of any other profession, who are daily exposed to attacks and security risks, thus demonstrating discrimination and unequal treatment of all professionals who perform work of public importance.

Due to all of the above, the Steering Committee of BH Journalists once again firmly demands the withdrawal of this controversial Bill in its entirety or only in parts that legalize censorship and propose other, restrictive measures contrary to the right to freedom of expression and information.