The group of civil society organizations from RS asks the deputies of the National Assembly of RS and the parliamentary committees to withdraw the Draft Law on Public Order and Peace of RS from the parliamentary procedure

We especially emphasize that the deputies who should decide on the adoption of the new Law on Public Order and Peace, and the Government of RS as its proposer have the right to invoke criminal and civil immunity, and thus protect for any procedure performed within their duties in the relevant bodies of the Republika Srpska. If the proposed law is adopted, civil society organizations are asking the RS government to urgently propose the repeal of the Law on Immunity of Republika Srpska, MPs to adopt this proposal and show their voters that they are ready to take responsibility for their actions on social networks.

Extending the definition of public place to social networks, without a clear explanation of what is considered offensive and harassing content and insults (members 7. and 8.), leaves room for different interpretations, which is unacceptable from the point of view of the legal profession.

In addition, the organizations point out that the prison sentences provided for certain violations of public order and peace are unnecessary, and that the proponents do not state that the reason for introducing these sentences is to harmonize the proposed law with the RS Law on Misdemeanors. In addition to fines and imprisonment, the RS Law on Misdemeanors also recognizes warning measures – reprimands and suspended sentences, and they are not provided for any violation of public order and peace in the proposed text.

Also, the offered formulation according to which it becomes punishable to disturb public order and peace through social networks by displaying symbols, images, drawings or texts of obscene, offensive or disturbing content, grossly violates the right to freedom of expression guaranteed by the Constitution and other international conventions.

The Council of Europe’s recommendations, on the other hand, encourage and call on member states to promote freedom of expression on the Internet by enacting laws and practical measures that will “prevent any form of state and private censorship” of the Internet and social networks.

We support efforts to sanction certain content on the Internet and social networks, such as the spread of prostitution and pedophilia, human organ trafficking and the spread of hate speech that encourages xenophobia, homophobia, anti-Semitism, racism and fascism. After all, the RS Government has formed a Committee to Combat Hate Speech on the Internet, and these acts are already regulated by existing regulations in the RS, so it is not clear what the proposer had in mind when he spread the disturbance of public order to social networks. was the motive for this extension of the definition.

Signatories of the announcement:

Transparency International BiH, portal BUKA, Sharp Zero, Helsinki Citizens’ Parliament Banja Luka, BUKA, Youth Center Kvart (Prijedor)

Press release, 31.01.2015. – Transparency International BiH