UN experts concerned about amendments to the Criminal Code of Republika Srpska

(Patria) - Independent United Nations experts have expressed concern over the recent adoption of amendments to the Criminal Code of Republika Srpska that criminalize defamation. They pointed out that the aforementioned amendments negatively affect freedom of expression in Bosnia and Herzegovina.

They stated that the criminalization of defamation negatively impacts the human rights situation, particularly the free and inclusive political discourse, the right to seek, receive, and impart information, and freedom of the press.

They also pointed out that there is a global trend of decriminalizing defamation, with many European Union member states or aspiring members choosing to abolish criminal defamation.

"Bosnia and Herzegovina set a good example in the region by decriminalizing defamation 20 years ago, which can and should only be resolved through civil law. The re-criminalization of defamation represents a major setback in the enjoyment of the right to freedom of expression, not only in the RS entity but in the entire country," the experts assessed.

The Special Rapporteurs are of the opinion that the issue of defamation protection should be regulated exclusively through civil law.

They are particularly concerned that the criminalization of defamation will be used to silence critical voices, including journalists, human rights defenders, and the political opposition.

"The National Assembly of Republika Srpska adopted the amendments despite widespread and clear calls against this regressive move, including from journalists, civil society actors, and international human rights organizations and mechanisms," they added.

The experts previously collaborated with Bosnia and Herzegovina in March 2023, expressing concern about the implications of the proposed amendments and calling on the authorities to repeal them.

They called on the authorities in Republika Srpska to repeal the amendments and ensure respect for the right to freedom of expression.