RS National Assembly on criminalization of defamation: Sattler calls for withdrawal of the Draft, authorities claim they only want to regulate public space

(Patria) - A session of the National Assembly of Republika Srpska is scheduled for today, which will consider the Draft Amendments to the Criminal Code of Republika Srpska. These amendments define defamation as a criminal offense, and prescribe high fines whose application could lead to the closure of media outlets. The opposition and media are calling for the Draft Amendments to the Criminal Code to be withdrawn from the agenda.

The ruling coalition announces that they will support the Draft, stating that these amendments aim to regulate public space and punish those who insult and spread disinformation. RS Prime Minister Radovan Višković stated a few days ago that a period of 60 days or more would be set for public debate, and he left open the possibility of the law being withdrawn.

Johann Sattler, Head of the EU Delegation to Sarajevo, sent a letter to the top leadership of the National Assembly of Republika Srpska on the eve of today's session, requesting that the law be withdrawn from the agenda.

"Such potential amendments to the Criminal Code would have long-term and harmful consequences, from restricting access to information to creating a climate of fear and repression, and, unfortunately, represent a big step backward in the protection of fundamental freedoms, and thus a step backward on the European path. The European Union's concern has already been clearly communicated to the competent authorities of Republika Srpska, as well as to the public, but a brief reminder is not out of place.

Freedom of expression and media, and the protection of journalists, are the backbone of modern democracies and essential values for countries aspiring to join the European Union. The right to freedom of expression is contained in Article 10 of the European Convention on Human Rights and is reflected in 14 key priorities for Bosnia and Herzegovina, as stated in the European Commission's Opinion on the country's application for membership in the European Union.

When Bosnia and Herzegovina was granted candidate status, the decision was made with a clear and expressed expectation that work would be done on a whole range of reform areas. One of them is strengthening freedom of expression and media freedom.

Defamation was decriminalized in 2002 throughout Bosnia and Herzegovina. However, pressure on the media has persisted. In my recent meetings with the authorities of Republika Srpska in Banja Luka in early March, I expressed concern about the irresponsible behavior of politicians and public officials in BiH, who use civil lawsuits to intimidate journalists and force them into self-censorship. The criminalization of defamation would only worsen an already bad situation.

Regarding the arguments often invoked by proponents of the criminalization of defamation in Republika Srpska that some EU member states have provisions that criminalize defamation, we note that these provisions are not actively used and are in force in countries with functional media self-regulatory bodies and trusted judicial institutions, unlike the context of shrinking public space and concerns for media freedom in Bosnia and Herzegovina and Republika Srpska.

We recognize the growing concern in Bosnia and Herzegovina and beyond regarding the harmful effects of disinformation and hate speech, and we are ready to assist institutions in their legitimate efforts to combat these threats in accordance with European and international standards, including the request for expert opinions from recognized bodies such as the Venice Commission. However, the criminalization of defamation is not an appropriate response at this time.

Therefore, we appeal that in your further actions, you be guided by the need to ensure full protection of freedom of expression and media, and abandon the amendments to the Criminal Code in this form," Sattler's letter states.