Politicians Lead in Filing Lawsuits Against Journalists

SARAJEVO, (Patria) - A large number of defamation lawsuits in Bosnia and Herzegovina indicates a lack of tolerance and readiness for public dialogue and criticism in BiH society. Lawsuits often serve as a means of settling scores with journalists, which has an extremely discouraging effect on the work of journalists, especially in smaller communities, it was said, among other things, at a two-day seminar for the judiciary and media actors on protection against defamation in BiH.

The goal of the seminar, held on Trebević near Sarajevo, is to improve the representation of journalists, editors, and publishers and their defense in courts against defamation charges. Also, the workshop is dedicated to improving judicial practice and processing defamation cases in a way that will promote Article 10 of the European Convention on Human Rights and the application of the standards of the European Court of Human Rights in Strasbourg in protecting freedom of expression.

“There is no reliable data on the total number or the outcomes of court proceedings in defamation cases,” emphasized legal and media expert Mehmed Halilović, adding that in the current application of the existing laws on protection against defamation in court proceedings, the most contentious issues are temporary publication bans, medical expert assessments, or free assessment of non-material damages, and determining the amount of compensation.

“In court proceedings, the distinction between facts and value judgments is not always clear, and courts often do not take into account all the circumstances of the case,” Halilović stated.

Vesna Alaburić, an attorney and international expert on defamation issues, spoke about the standards of the Council of Europe in the context of applying the Law on Protection against Defamation, through an analysis of key judgments of the European Court of Human Rights in Strasbourg.

“The European Court of Human Rights, through its judgments, promotes responsible journalism,” Alaburić said, adding that a judgment in favor of a journalist is more likely if the author of the media content exhausts all means of establishing the truth.

“If a journalist conducts an interview that is broadcast live, then there is no time to verify the interlocutor's statement. However, if the interview is to be published later and if it involves a statement that damages someone's reputation, then the journalist should also have the other party's viewpoint to verify the information.”

The workshop also discussed determining liability for defamation from the perspective of the judiciary and the application of Article 10 of the European Convention on Human Rights through the processing of defamation cases.

“In defamation court proceedings, it is often clear from the media content in question that there is no good faith,” emphasized Sanela Gorušanović Butigan, a judge at the Municipal Court in Sarajevo, adding that the basis for rendering a verdict is nevertheless the evidence presented by the parties in court.

Elvir Padalović from the Buka portal spoke about examples of court proceedings due to defamation.

“For journalists and media, court proceedings due to defamation are very exhausting, financially demanding, and journalists must enter legal battles and be persistent in doing so,” Padalović assessed.

The two-day workshop on the application of European standards in processing defamation cases in Bosnia and Herzegovina was organized by the Council of Europe and the Association of BH Journalists within the framework of JUFREX – a joint project of the EU and the Council of Europe – Strengthening Judicial Expertise on Freedom of Speech in the Media in Southeast Europe. The seminar brought together lawyers, judges, media experts, journalists, and international experts on defamation issues.