Journalists demand withdrawal of legal amendments criminalizing defamation

(Patria) - The first public hearing was held in Banja Luka after the adoption of the Draft Law on Amendments to the Criminal Code of Republika Srpska, which, among other things, provides for the criminalization of defamation and insult, and which journalists demonstratively left after listening to the introductory remarks of the representatives of the Ministry of Justice of Republika Srpska.

Journalists who came to the public hearing at the National Assembly of Republika Srpska told the representatives of the Ministry of Justice, including Minister Miloš Bukejlović, that they still demand either the complete withdrawal of the law or the deletion of the articles related to the criminalization of defamation and insult.

They consider the public hearing pointless because none of the proposals and criticisms made by the representatives of the journalistic community in the previous two months have been taken into account.

"It is pointless to participate in this public hearing and in this semblance of democracy, as the executive and legislative authorities in Republika Srpska want to present it. Arguments are not respected here, and by leaving the public hearing, we clearly stated what we think. This law is so poorly written that it should be completely withdrawn," said Siniša Vukelić, president of the Banja Luka Journalists' Club.

Journalist Milkica Milojević said that the return of defamation to the Criminal Code is unacceptable because it undoubtedly violates freedom of speech, and that there is already a civil lawsuit that deals with defamation.

"If such a law is adopted by sheer force of majority, I call on judges and prosecutors to treat political power holders, the President of Republika Srpska, and ordinary citizens equally," said long-time Banja Luka journalist Milojević.

Deputy Minister of Justice of Republika Srpska, Slobodan Zec, reiterated that defamation is part of the criminal code in European Union countries and that "Republika Srpska is not an isolated island.".

"We were guided by the fact that defamation is criminalized in European Union countries, whose representatives criticize us for criminalizing defamation," said Zec.

He also stated that prison sentences are not foreseen, but lawyers present at the hearing reminded him that many will have to go to prison due to the huge fines foreseen.

Lawyer Aleksandar Jokić said that the comparison with European countries and the justification that defamation is a criminal offense in those countries is inappropriate, because "the circumstances are simply not the same.".

"In Serbia and Croatia, for example, the criminal procedure law is completely different than in Republika Srpska, and that should be the starting point, one cannot simply copy the criminal code. In those countries, defamation is a criminal offense, but it is prosecuted by private lawsuit, while in our country it is foreseen that the prosecution will prosecute you upon report. Therefore, whoever is accused of defamation will have the state and the entire apparatus against them. The criminal code cannot be viewed separately from the criminal procedure," said Aleksandar Jokić.

Jokić asked Minister Bukejlović why the members of the working group that drafted the Draft were not present at the public hearing.

"Who wrote the Draft? Tell us once so we know and can ask those colleagues where they graduated from," Jokić asked, but the minister did not answer.

Dejan Lučka from the Banja Luka Center for Human Rights reminded the proponents of the law of the tendencies and recommendations of the United Nations, the Council of Europe, and the European Court of Human Rights to move towards decriminalization of defamation.

"You did not even try to improve the existing Law on Protection from Defamation," said Lučka.

Those present at the hearing objected to disproportionate penalties, the impossibility of proving certain offenses, as well as ambiguities in the articles concerning the criminalization of defamation and insult.

The Ministry of Justice stated that all remarks will be considered, and written explanations will be prepared for those that are not accepted, Detektor reports.