CEC has no way to penalize parties for social media and online media!

SARAJEVO, (Patria) - The campaign has not officially started, although it is obvious that all parties that will participate in the General Elections in October are already working extensively both on the ground and in the media.

Many are aware that this is a violation of the Election Law, so under the guise of political forums and various promotions, citizens are being invited to gatherings. However, whether the Central Election Commission of Bosnia and Herzegovina has considered advertising and informing the public through social media and online media, in light of the pre-election campaign, and what the positions on this issue are, was also of interest to SDP deputy in the House of Representatives, Saša Magazinović.

- Do the same rules apply to activities on social media and online media as to other media, or is this a "gray area" as unofficially heard, and - does the pre-election silence apply to online media and social networks – asked Magazinović.

The Central Election Commission of Bosnia and Herzegovina, in its response, did not offer an adequate stance nor a clearer one; moreover, the Central Election Commission stated that they do not communicate via social media, because five out of seven members were against this method of communication!

- Regarding the question related to activities on social media and online media, the Central Election Commission of Bosnia and Herzegovina emphasizes that the Election Law of Bosnia and Herzegovina stipulates that conducting paid election campaigns through electronic or print media, or any form of paid public advertising, is prohibited in the period from the day of calling the election to the day of the official start of the election campaign – states the CEC.

Furthermore, on the question "does the pre-election silence apply to online media and social networks," the Central Election Commission of Bosnia and Herzegovina points out that the Election Law of Bosnia and Herzegovina stipulates that in the period starting 24 hours before the opening of polling stations and lasting until their closing, political entities are prohibited from participating in public political activities.

- A ban is also prescribed on the use of "domestic and international means of communication with the aim of influencing voters," which includes means by which audio, video, or textual content can be delivered.
 Such means include, but are not limited to, radio and television programs, print media, the internet, SMS messages, or video messages delivered via mobile phones, etc.

From the above, it follows that online media and social networks could be subsumed under these means. However, in this area, when resolving complaints from political entities who appealed against the publication of texts and images with the aim of influencing voters, the Central Election Commission of Bosnia and Herzegovina could not reliably establish the fact that the submitted evidence was published during the critical time (election silence), nor could it be determined with certainty who published that material, given that certain domains are outside the jurisdiction of BiH, which represents an obstacle to identifying responsible political entities and individuals who could be sanctioned – say from the CEC.

Finally, they admit that this area is not sufficiently legally defined, nor are there currently examples of good practice that would enable successful proceedings against prohibited actions in the electoral process carried out through social media and online media.

- Unfortunately, it can be concluded that this is a kind of "gray area" – added from the CEC.