TI BiH: Introduction of Censorship “Through the Back Door” via Amendments to the FBiH Criminal Code

Sarajevo, January 28, 2025: The Federal Ministry of Justice’s intention to penalize the publication of personal photos, videos, and other content without consent through fines and imprisonment, as proposed in amendments to the Criminal Code of the Federation of BiH, opens the door to abuse and imposes censorship in the public sphere, warns Transparency International in BiH.

The proposed Article 193a is even more repressive than provisions in the controversial amendments to the RS Criminal Code that criminalized defamation in 2023 and laid the groundwork for suppressing public criticism. While in Republika Srpska unauthorized publication is punishable only if it causes harm to the person depicted or their family, the FBiH proposal treats any publication without consent as a criminal offense, creating broader potential for misuse.

Furthermore, the draft lacks clear exemptions for cases of public interest – such as content exposing illegal activity or harm to others. The provision is also problematic in that it criminalizes publication of any content of a “personal nature” without defining what this entails, leaving room for arbitrary interpretation and sanctions.

The explanation for the draft amendments states that this criminal offense was added after the public consultation phase, supposedly in response to requests from the “social community” to protect privacy. Notably, this provision was not part of the initial draft that underwent public debate, where many organizations and individuals had the opportunity to provide input. By introducing it later, the public was denied a chance to comment on the potentially harmful implications of such a provision.

The House of Representatives of the FBiH Parliament adopted the draft in 2022 and tasked the proposer to conduct public consultations and consider all feedback.

However, since the criminal offense of Unauthorized Publication and Display of Files, Portraits, and Recordings was not included in the draft, the public was denied the opportunity to submit comments or suggestions. TI BiH has therefore contacted the Federal Ministry of Justice requesting information on when the provision was added to the final proposal and at whose initiative.

TI BiH stresses that public participation in lawmaking is essential to identify potential legal ambiguities, risks of abuse, and harmful impacts. While protecting privacy is legitimate, legal amendments aimed at protecting vulnerable groups and clarifying forms of violence must not be misused to impose censorship or restrict media freedom.
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Press rls_28.01.25