Application of the Defamation Law in BiH: It Is Important to Distinguish Value Judgment from Fact

SARAJEVO, (Patria) - Journalists and lawyers as professional defenders of the principles of fairness and justice, and courts through the application of the defamation law, play a significant role in defending freedom of expression. In defamation cases in Bosnia and Herzegovina, most verdicts are against the media, and one of the main reasons is the misunderstanding of the difference between opinion and fact, as well as a lack of familiarity with journalistic genres, concluded speakers and participants of a two-day inter-professional seminar for the judiciary and media actors on defamation protection in BiH.

Defamation lawsuits are often a deliberate threat to freedom of expression, editorial policy freedom, and investigative journalism in BiH. Current laws stipulate that the penalty imposed on a media outlet must not be so severe as to jeopardize its operations, which, however, has not been respected in certain verdicts. An example is the political magazine Slobodna Bosna, which was forced to close its print edition due to a large number of lawsuits against journalists, it was stated at the seminar.

If media content is highlighted as a commentary, it implies editorial right, freedom, but also responsibilities.

- Free and fair commentary is an editorial right and part of media freedom, as mandated by press and media codes in democratic countries - said Ljiljana Zurovac, Executive Director of the Press and Online Media Council in BiH.

Nevertheless, „journalists should be aware that if, in a commentary as a journalistic form, they present factual claims on which they base their commentary, then there is responsibility for the accuracy of the stated facts, which is part of European court practice standards. It is important for both journalists and the judiciary to recognize the differences between facts, value judgments, and opinions,“ emphasized Vesna Alaburić, a lawyer from Zagreb.

At the end of the two-day discussion, a set of recommendations was provided, on the implementation of which the media and judicial communities will work together, with the involvement of public officials from political life and government institutions, who must also accept freedom of expression and freedom of criticism as fundamental values of democratic societies.

The goal of this seminar, among other things, is to improve the representation of journalists, editors, and publishers and their defense in court against defamation charges, as well as the application of Article 10 of the European Convention on Human Rights and the standards of the European Court of Human Rights in Strasbourg in protecting freedom of expression.

The two-day workshop 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.