Bosnia and Herzegovina: Criminal defamation bill must be dropped

21 March: The parliament in Republika Srpska must oppose attempts to re-criminalise defamation, PEN International and PEN Bosnia and Herzegovina said today, after the government of Republika Srpska submitted draft amendments to the Criminal Code that would introduce harsh penalties for defamation. PEN International and PEN Bosnia and Herzegovina further condemn a proposal by Republika Srpska President Milorad Dodik to introduce a so-called ‘foreign agents’ law, which would further stifle civil society and independent media.

On 2 March 2023, the government of Republika Srpska – one of two entities of Bosnia and Herzegovina – submitted draft amendments of the Criminal Code to its parliament that would punish the vaguely-worded ‘intent to incur damage to someone’s reputation or honour’ with fines ranging between 5000 BAM (approximately € 2,500) to 100,000 BAM (approximately € 51,000). Introduced at the behest of Milorad Dodik, the bill would re-criminalise defamation 22 years after it was abrogated, drawing condemnation from scores of national and international organisations, including PEN Bosnia and Herzegovina. Journalists and rights activists have been protesting outside parliament in Banja Luka, denouncing the chilling effect the draft law, if adopted, would have on freedom of expression and media freedom.

'We must stand resolutely and correctly, and be at the forefront of engagement against all forms of restriction, abolition and suppression of the right to freedom of speech. Bosnia and Herzegovina, with its declared future within the European family of states, must both practically and literally show and prove that it belongs there. Preventing the introduction of such a dangerous legislation will be the first proof that we have a future as a country', said PEN Bosnia and Herzegovina.

On 8 March 2023, Milorad Dodik announced his intention to introduce a so-called ‘foreign agents’ law to regulate the activities of civil society organisations in Republika Srpska. PEN International and PEN Bosnia and Herzegovina condemn the move as yet another attempt to muzzle independent media and civil society in the entity.

‘Plans to re-criminalise defamation in Republika Srpska constitute a huge step backward and must be urgently stopped. The proposal to introduce a ‘foreign agents’ law is clearly intended to restrict critical groups and media and is of the utmost concern. We will closely monitor the situation, which would seriously harm the rights to freedom of expression and to freedom of association in Republika Srpska, said Ma Thida, Chair of PEN International’s Writers in Prison Committee.

Additional information

Writers and journalists in Bosnia and Herzegovina face a range of challenges and are subjected to diverse forms of pressure, including political and economic pressure, verbal attacks and threats, online harassment, and violations of their right to access information. Republika Srpska President Milorad Dodik routinely harasses and smears critical journalists in public fora, thereby contributing to an atmosphere of fear and impunity for verbal and physical attacks. PEN International and PEN Bosnia and Herzegovina call on the authorities to prevent and protect against threats and violence against writers and journalists, including by publicly condemning all threats, thoroughly investigating all cases, and creating an environment in which free public debate can thrive.

PEN International opposes criminal defamation in all cases and actively campaigns for the repeal of criminal defamation laws around the globe. Criminalizing defamation, whether of public figures or private individuals, is a disproportionate and unnecessary response to the need to protect reputation. It has a chilling effect and undermines freedom of expression. Issues of reputation should be addressed as civil law matters where the government has no role. At the same time, PEN International also opposes the use of Strategic Lawsuits Against Public Participation (SLAPPs), abusive lawsuits filed by powerful individuals and companies as a means of silencing critical expression.

For further details contact Aurélia Dondo, Head of Europe and Central Asia Region at PEN International: [email protected]