Laws in BiH do not recognize online hate speech as a criminal offense!

Saša Magazinović, SDP MP in the House of Representatives of the BiH Parliament, sent a letter to the Ministry of Justice of BiH, wanting to know the results of prosecutor's offices in BiH in the last two years regarding criminal offenses committed via the internet, reports the Patria News Agency.

How many such cases have been recorded and how many final verdicts have been issued. In this context, I am particularly interested in the problem of hate speech, incitement to murder, spreading national intolerance, and the ministries' stance on what needs to be improved in the legislative framework for state responses to be successful – Magazinović asked.

 

According to data from the High Judicial and Prosecutorial Council of Bosnia and Herzegovina, prosecutor's offices in Bosnia and Herzegovina received 28 reports in the last two years for the criminal offense of inciting national, racial, and religious hatred, discord, and intolerance. Given that 13 reports remained unresolved as of January 1, 2013, prosecutor's offices had 41 reports in their work in 2013 and 2014.

Out of the total number of reports, 17 investigations were conducted, and a total of 12 verdicts were issued. In 2013, 4 convictions were issued, including one with a fine against one person, two with suspended sentences, and one with a prison sentence against two people!

In 2014, six convictions were issued, including one with a fine against one person, five suspended sentences against six people, and two acquittals against two people.

The HJPC does not have data on criminal offenses of inciting national, racial, and religious hatred, discord, and intolerance committed via the internet, as no criminal law in force in BiH prescribes such an act as a specific criminal offense.

– Case registration is done through the Case Management System within the HJPC, in a manner consistent with the criminal offenses prescribed by criminal laws – state the HJPC.

The Ministry of Justice of BiH states that although the criminal offense of hate speech committed via the internet is not prescribed as a specific offense in any of the four criminal codes in BiH, hate speech expressed via the internet can be covered by the incrimination of one of the already prescribed offenses.

– According to the additional protocol to the Convention on Cybercrime, BiH is obliged to adopt legislative measures to criminalize acts of a racist and xenophobic nature committed via computer systems, but an adequate response needs to be found on how to implement this, given the divided jurisdiction regarding the prescription of certain criminal offenses between the state of BiH, the entities, and Brčko District – emphasize the Ministry of Justice.