TI BIH: The New Law in Sarajevo Canton is a Continuation of the Attack on Freedom of Expression in BiH

Sarajevo, June 5, 2023 – Transparency International in Bosnia and Herzegovina warns that the new Law on Misdemeanor Against Public Order and Peace in the Sarajevo Canton may lead to serious violations of human rights because, under the guise of fighting fake news, it opens up space for restrictions on freedom of speech and censorship. This law expands the definition of a public place to the Internet and social networks and introduces penalties for presenting or spreading false news as well as for “disparaging state authorities”, which due to arbitrary interpretations could lead to suppression of freedom of speech and pressure on citizens, the media and civil society, who speak critically about the work of the public sector.

TI BIH sent comments on the proposed draft of this law, which clearly warned that the introduction of high fines for “spreading fake news”, which can go up to BAM 15,000 for legal entities and BAM 2,100 for responsible persons, could lead to censorship and self-censorship of the media which expose themselves to the risk of initiating numerous misdemeanor proceedings. In addition, there is a danger of arbitrary interpretation of these provisions by the police, who will be given the authority to determine which news is false and “causes panic among citizens”. Particularly controversial is the provision that foresees penalties for those who by spreading fake news ” obstruct the implementation of decisions and measures of competent authorities and institutions which exercise public power” because in a situation where police officers determine the truth of certain news and information, any form of public criticism of the decisions of competent authorities can potentially be interpreted as a distraction.

The same danger exists in the application of the provision that refers to the prohibition of “disparaging state authorities”, because it could also be considered as expressing a negative or critical attitude about the work of the public sector, and it should certainly be noted that the danger threatens not only the media, but to all citizens who express any form of criticism on social networks. The new law also foresees the possibility of banning public speaking for a period of six months, which directly threatens the constitutionally guaranteed human rights to freedom of expression, which are also protected by the European Convention on Human Rights.

TI BiH believes that this Law is a continuation of negative tendencies and attempts by authorities throughout Bosnia and Herzegovina to suppress criticism and silence citizens, the media, the opposition and non-governmental organizations that point to corruption and other negative social phenomena. It is particularly symptomatic that this law is being passed at a time when the authorities in the Republic of Srpska are trying to criminalize defamation again and have already “tested” the reactions of the international community by adopting the disputed law in draft form.

It should also be remembered that the recommendations of the Council of Europe encourage and invite states to improve freedom of expression on the Internet, in such a way as to enact laws and practical measures that would prevent any form of state and private censorship. In April 2018, the European Commission proposed a pan-European approach to the fight against misinformation on the Internet, which includes an independent European network for fact-checking, improving media literacy and other measures to combat the abuse of online space that go in the direction of prevention through education and other forms of regulation, not towards restricting freedom of expression. That is why TI BiH called on the Ministry of Internal Affairs of Sarajevo Canton to return this law for revision in order to draft a better legal solution through consultation of all interested parties.

Press-rls_05.06.23