ODIHR: Criminalizing defamation restricts freedom of expression

(Patria) - In response to the recent adoption of the draft amendments to the Criminal Code of Republika Srpska, the OSCE Office for Democratic Institutions and Human Rights (ODIHR) expressed concern regarding their compliance with the right to freedom of expression.

In a newly published analysis, requested by the OSCE Mission to Bosnia and Herzegovina, ODIHR states: "The right to freedom of expression is a fundamental human right crucial for a functioning democratic state and the realization of other human rights and fundamental freedoms. The full enjoyment of this right is one of the cornerstones of a free, democratic, tolerant, and pluralistic society, in which individuals and groups with different affiliations and beliefs can express their opinions and achieve visibility for marginalized or underrepresented categories."

"Bearing in mind the negative impact that defamation laws can have on freedom of expression, international human rights bodies, along with the OSCE Representative on Freedom of the Media, have called on states to abolish all criminal defamation laws," the legal analysis further states.

"The right to protection of reputation is defined as a fundamental right and is protected as such by international law, and can be violated by defamation. At the same time, defamation laws can have an extremely negative effect on the enjoyment of the right to freedom of expression. Therefore, it is important that defamation laws are formulated in a way that prevents potential abuse by public authorities and, at the same time, respects the principle of proportionality."

ODIHR calls on the authorities not to proceed with the adoption of provisions aimed at criminalizing "insults" and "defamation" in Republika Srpska. In its analysis, the Office suggests considering a range of possible alternatives, while ensuring that they are carefully designed to exclude arbitrary application or abuse by officials and institutions, and that they are fully compliant with all international human rights standards.

The full analysis can be found here: Urgent Comments on the Draft Criminal Offenses Against Honor and Reputation in Republika Srpska | OSCE