OSCE Mission Chief Aggeler: Criminalization of defamation will benefit officeholders

SARAJEVO, (Patria) - The proposed amendment to the Criminal Code of Republika Srpska, which would criminalize defamation, has not yet reached the agenda, but the proposer says they are not abandoning this initiative. According to the draft, defamation and insult are being reintroduced into the criminal code, which has raised concerns from the media community, as well as a large number of international organizations, including the OSCE.

The Head of the OSCE Mission in Bosnia and Herzegovina, Ambassador Brian Aggeler, told N1 that this is not the practice in EU countries.

“We truly understand the growing concern of people in BiH about hate speech and disinformation, and we support legitimate efforts by institutions to respond to these phenomena. Actions must be justified and cannot be used to stifle freedoms and the media. BiH was one of the first countries to decriminalize defamation and was a leader in Europe in this area, and we cannot support any step backward,” he said.

He added that BiH is unfortunately one of the countries with the worst ranking on the media freedom index.

“More than 80% of civil lawsuits for defamation are lawsuits filed by public officials. If the law passes, it will further complicate the situation, which will benefit officeholders. Statistical indicators speak for themselves. We do not see ordinary citizens being able to exercise their rights in this way,” said the ambassador.

The authorities of Republika Srpska, who are proposing this law, refer to European countries that also have defamation within their criminal codes.

“It is true that there are such regulations that treat defamation as a criminal offense. The EU has a very well-regulated media environment and an independent judiciary. The EU is moving in that direction, which is that even these regulations should be abolished because they do not lead to the future and greater media freedom should be strived for,” he added.

He says that this proposal should be withdrawn from the procedure, and if that happens, the OSCE will offer expertise so that there are regulations that meet European standards.

“I would suggest that it would be best to start from scratch with a new regulation where all actors would participate, which would lead this country where it needs to go. We have addressed this issue with all relevant actors and journalists. Ultimately, this is a decision that the elected leaders of BiH must make in favor of the citizens. We can offer knowledge and assistance in drafting,” he said.