Call to MPs in the National Assembly of Republika Srpska: Reject the Government's Proposal to Criminalize Defamation

(Patria) - The Steering Board of the BH Journalists Association calls on the MPs of the National Assembly of Republika Srpska (NSRS) to reject the Draft Law on Amendments to the Criminal Code of Republika Srpska at the session on March 14 and to request an expert opinion from the Venice Commission on the re-criminalization of defamation and the negative consequences of this process on freedom of expression and opinion.

The Steering Board of BH Journalists reminds that the journalistic community, media, civil society, and legal professionals have warned about numerous shortcomings of the Government's proposal to re-criminalize defamation: from violations of the Constitution of RS and the European Convention on Human Rights, through procedural omissions and exclusion of the public, to generating fear and inciting violence against journalists and media, through immoderate statements by President Milorad Dodik and certain members of the RS Government.

The procedure of re-criminalizing defamation has met with undivided condemnation from the journalistic community in Bosnia and Herzegovina, Europe, and the world, as well as numerous international organizations with influence on the protection of human rights and democratic values, it was announced from the BH Journalists Association.

These reactions have seriously shaken Bosnia and Herzegovina's hard-won candidate status in the EU integration process, within which media freedom and journalist safety are highly ranked and represent a condition that the country must fulfill.

The Steering Board of BH Journalists warns that accepting the re-criminalization of defamation and the parliamentary debate on the Government's proposal would mean that the NSRS MPs agree to violate the Constitution of RS and the European Convention on Human Rights, as well as to halt BiH's European path. On the other hand, by accepting the Government's unreasonable proposal, MPs would show their voters in Republika Srpska that they support the introduction of legal repression against any citizen who dares to express criticism, dissatisfaction, or disagreement with the ruling structures in that entity, either in their own home or in public.

The Steering Board of BH Journalists therefore calls on the NSRS MPs to, as members of the highest legislative body, request an opinion from the Venice Commission – an advisory and independent body of the Council of Europe, whose members are respected experts in the field of rule of law and protection of democratic values.

Their opinion can help the NSRS find the best solutions for balancing two rights: the right to enjoy media freedom and freedom of expression, receiving and disseminating information without censorship and violence against journalists, on the one hand, and providing legal guarantees for the protection of the reputation, honor, and privacy of every person, on the other hand, according to the statement from the BH Journalists Association.