EEAS: The European Union regrets that the Republika Srpska National Assembly voted in favour of amendments to the criminal code reintroducing criminal penalties for defamation. These legislative changes would impose unnecessary and disproportionate restrictions on independent media and civil society. The decision is a clear step in the wrong direction and has a chilling effect on media freedom in Republika Srpska. It also puts into question the strategic commitment of the ruling parties in Republika Srpska to Bosnia and Herzegovina’s accession to the European Union. Fulfilling the key priorities set out in the Commission Opinion is a precondition for Bosnia and Herzegovina to open EU accession negotiations.
Joint UN, OSCE, CoE and EU in BIH Statement: The amendments represent a regrettable and undeniable major step backwards in the protection of fundamental rights and undermine the effective functioning of democracy in the RS. We will continue to provide our full support to any constructive and substantive discussion or process on how to further align legislation across Bosnia and Herzegovina with international human rights standards to which the country is legally bound. We will also pursue our active support to the important work of responsible and independent media actors and organizations in Republika Srpska and beyond.
Office of High Representative (OHR): Changes to the Criminal Code of Republika Srpska that recriminalize defamation represent an attack on civil liberties characteristic of authoritarian regimes. They serve to restrict freedom of speech and shrink the space for civic engagement as the cornerstones of a democratic society.
Representative on Freedom of the Media, Teresa Ribeiro, and Head of mission, Ambassador Brian Aggeler(OSCE) : This worrying development is unfolding despite recent assurances by the RS Ministry of Justice that the Government was not aiming to work on amendments to the RS Criminal Code as first announced by RS President Milorad Dodik in late 2022. Once again, we reiterate that such moves go against international standards and best practices and will further erode the overall media freedom situation in the RS. The RS authorities have a responsibility to ensure an inclusive, constructive, and transparent public debate on any amendments that may impact media freedom in the entity.”
Media Freedom Representative Ribeiro & Head of Mission Ambassador Brian Aggeler (OSCE) : We expect that the authorities within RS will uphold their responsibilities and ensure the protection of all RS citizens, including journalists, from the potential consequences of such inflammatory speech. A free and independent media is a cornerstone of any democratic society, and the OSCE underscores the importance of fostering an environment in which journalists and media organizations can operate without fear of retribution.
Representative on the Freedom of the media (OSCE): It is acknowledged that the right to protection of reputation is also a fundamental right which is protected under international law, and could be impacted by defamatory statements. At the same time, defamation laws could have a chilling effect on the exercise of the right to freedom of expression. Therefore, it is important that defamation laws when they exist are formulated in a way that excludes potential abuse by the public authorities, and at the same time conform to the principle of proportionality.
OSCE and Venice Commission Opinion: The bill (draft law of Republika Srpska on the Special Registry and Publicity of the Work of Non-Profit Organizations) prohibits non-profits from carrying out ‘political activities’, and requires them to enroll in a special registry, submit additional reports to those already mandatory by the current law and be subject to additional legal oversight (…) we urge the Serb-majority entity’s government to engage public and civil society organisations in further development of the law, to guarantee the enjoyment of the rights to freedom of association and freedom of expression in the Republika Srpska.
Commissioner for Human Rights, Dunja Mijatović, Council of Europe (CoE): The legitimate aim of increasing the transparency of the work of NGOs should not be sought through disproportionate or discriminatory means, to the detriment of the effective enjoyment of human rights and freedoms (…) the background of an increasingly restrictive environment for civil society and dissenting voices in Republika Srpska (…) parliamentarians to refrain from adopting the Draft Law and to foster a safe and enabling environment for NGOs and human rights defenders, in line with relevant Council of Europe standards.
UN Bosnia and Herzegovina: UN BiH urges the authorities in Republika Srpska to withdraw the Draft Law on the Special Registry and Publicity of the Work of Non-Profit Organizations. The criminalization of defamation is unjustified and unacceptable and should be repealed. As Bosnia and Herzegovina starts its preparations for its 4th Universal Periodic Review, progress in complying with the recommendations from the 3rd cycle is critical. The 3rd cycle includes over 20 recommendations related to the rights to freedoms of opinion and expression, association and peaceful assembly.
UN Bosnia and Herzegovina: Bosnia and Herzegovina set a good example in the region by decriminalising defamation 20 years ago, which can and should only be addressed through civil law. Recriminalisation of defamation is a major setback to the enjoyment of the right to freedom of expression, not only in the Republika Srpska entity but throughout the country.
U.S Embassy in Bosnia and Herzegovina: The proposed laws would stigmatize and silence the independent voices in the Republika Srpska seeking to build a democratic and prosperous future for its residents. The proposed laws would make it harder for citizens to hold the Republika Srpska government accountable and make it easier for corruption to flourish unchecked. The proposed laws’ attacks on fundamental freedoms would discourage legitimate businesses from investing in the Republika Srpska (…) The U.S. model of registration of foreign agents is diametrically opposed to this approach, and one we would encourage governments anywhere in the world to follow in the interest of transparency.
- Statements by organizations
International Federation for Human Rights support the non-profit organisations and media from Republika Srpska, and condemn the Republika Srpska authorities’ efforts to restrict human rights, especially freedoms of expression and association of human rights defenders, and media.
Daniel Eriksson, CEO of Transparency International, emphasizes the crucial role of freedom of expression and the press in holding those in power accountable. He stresses that during this critical period, it is vital for the media, civil society, and the public to have the ability to expose corruption and prevent BiH from sliding deeper into authoritarianism. Eriksson urges policymakers to halt harmful proposals and safeguard free speech and democracy.
Reporters Without Borders demands an apology from Milorad Dodik to journalists for his insults and urges authorities to prosecute the offenders. Additionally, they call on the Republika Srpska parliament to reject the bill reintroducing criminal defamation and involve journalists’ representatives in the legislative process. They emphasized that Journalists should be treated as partners, not as enemies.
European Federation of Journalists (EFJ): state that criminalizing defamation directly contradicts the principles of press freedom, where individuals should express their views without fear of legal consequences. Journalists critical of those in power might face three to five years of imprisonment if defamation becomes a crime again. Reintroducing defamation as a criminal offense could lead to judicial prosecution of media professionals and may be used to intimidate and silence journalists, potentially abusing the legal system.