Softić - Kadenić: Amendments to the Criminal Code of the FBiH protect victims, not politicians, the law is not meant to silence journalists

(Patria) - Minister of Justice and Administration of Sarajevo Canton Darja Softić Kadenić said that freedom of speech in BiH is a constitutionally and conventionally protected value, but it has never been, nor can it be, the freedom to threaten, persecute or humiliate another person.

"The amendments to the Criminal Code of the FBiH from 2025 do not introduce a 'verbal offense,' but rather establish a European standard for the protection of victims of digital and psychological violence. These provisions do not limit criticism, political speech, satire, irony, or public debate, but exclusively violence in the form of threats, stalking, and serious harassment.

The European Court of Human Rights in its case law clearly distinguishes between speech that contributes to public debate and speech that aims to intimidate and silence another. Threats of violence, hate speech, and digital persecution are not protected under Article 10 of the European Convention.
Psychological violence is not a matter of anyone's subjective feeling, but a factually and expert-determined behavior with serious consequences. Those spreading fear of 'censorship' are mixing two different things: the right to an opinion and the right to violence. The first is inalienable, the second is punishable.

This is not an attack on freedom of expression, it is not a law meant to silence the opposition or journalists. This law protects victims, not politicians. The right of all citizens, including journalists, to criticize the authorities and freely express views on matters of public interest enjoys the highest level of protection under Article 10 of the ECHR.

No one will be held accountable for an opinion – but they must be held accountable if they threaten, persecute, or commit violence. That is the boundary of every democratic and orderly state," Softić - Kadenić stated.