On 20 July 2023, the National Assembly in Republika Srpska (RS), one of Bosnia and Herzegovina’s two entities, adopted the “Law on Amendments and Supplements to the Criminal Code”. The amendments introduce criminal penalties for defamation in general and in specific cases, disclosure of family and personal circumstances, and public exposure to ridicule due to race, religion or nationality.
While most of the previous analyses have primarily looked at how the amendments would affect journalists and the media, in this analysis ECNL focuses on how they would impact civil society organisations, activists, human rights defenders and individuals in general. Our analysis reviews, complements and updates existing legal opinions, ands considers the international legally binding standards on the rights to freedom of expression and freedom of peaceful assembly.
The provisions specifically analysed are the following:
- Crime of Defamation;
- Causes of Exclusion from liability for defamation;
- Crime of Defamation of a deceased person;
- Crime of Public Exposure to Ridicule due to a race, religion or nationality.
The analysis also highlights the significant differences between the new criminal provisions on defamation and the provisions included in the civil law. These could lead to opposed results for the defendant if the case for the same potentially defamatory statement is brought before a civil or a criminal court. The paper provides a direct comparison of the relevant texts of both sets of norms.
The criminalisation of defamation creates a chilling effect and is part of a broader trend aiming to restrict civic space in Republika Srpska. Another step in that direction was the proposed draft “foreign agent” law. ECNL will continue to monitor closely how the adopted amendments to the Criminal Code are implemented. At the same time, we also support civil society so that they can respond to the attempts to limit the space for free expression and the activities of civil society in Bosnia and Herzegovina.