Bosnia and Herzegovina (Republika Srpska): Drop criminal defamation bill
22 May: PEN International, PEN Bosnia and Herzegovina and 29 PEN Centres urge the parliament in Republika Srpska to drop amendments to the Criminal Code that would introduce harsh penalties for defamation. The bill, adopted in a first reading on 23 March 2023, is to be brought back to parliament as a 60-day public consultation period draws to a close.
The statement reads:
‘We express our deep concern over the approval in the first round of a bill that seeks to re-criminalise defamation in Republika Srpska. The proposed provisions are in clear violation of the right to freedom of expression and would have a chilling effect on free speech, media freedoms and public debate in Bosnia and Herzegovina as a whole.
If adopted, the vaguely worded amendments to the Criminal Code of Republika Srpska would punish defamation, insult, and other privacy related offenses with harsh fines of up to 120,000 BAM (approximately € 61,000) – up to 64 times the average monthly salary. Interpretation of what constitutes defamation or insult would be arbitrary and allow for the unjustified prosecution of writers and journalists. The proposed amendments pose a significant threat not only to those in Republika Srpska, but to all writers, journalists and citizens of Bosnia and Herzegovina, regardless of borders. Those unable to pay the fine may be subject to imprisonment, and anyone found guilty will struggle to find employment with a criminal record.
PEN International opposes criminal defamation in all cases. Criminalising defamation, whether of public figures or private individuals, is a disproportionate and unnecessary response to the need to protect reputation. Issues of reputation should be addressed as civil law matters and must be in line with international human rights standards.
We further condem verbal and physical attacks against writers and journalists in Republika Srpska, who are routinely harassed and smeared by public officials, including Republika Srpska President Milorad Dodik. We urge the authorities in Republika Srpska 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.
Plans to re-criminalise defamation in Republika Srpska constitute a huge step backward and must be urgently stopped. We will closely monitor the situation, which would seriously harm the right to freedom of expression.’
Signatories
PEN International
PEN Bosnia and Herzegovina
PEN America
PEN Armãn
PEN Bangladesh
Basque PEN
PEN Belgium Flanders
English PEN
French PEN
PEN Belarus
PEN Canada
PEN Català
PEN Chile
Croatian PEN
PEN Esperanto
PEN Gambia
PEN Guatemala
Independent Chinese PEN
PEN Québec
PEN Netherlands
PEN New Zealand
PEN Norway
PEN Romania
PEN Serbia
PEN Slovenia
PEN Trieste
PEN Türkiye
San Miguel PEN
Swedish PEN
Uyghur PEN
Wales PEN Cymru
Additional information
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 provide harsh penalties for defamation. Introduced at the behest of Republika Srpska President Milorad Dodik, the bill would re-criminalise defamation 22 years after it was abrogated, drawing condemnation from scores of national and international organisations. PEN International and PEN Bosnia and Herzegovina notably issued a joint statement urging parliament to oppose attempts to re-criminalise defamation. The bill was adopted in a first reading on 23 March 2023, despite a national and international outcry. A 60-day public consultation period is coming to an end, with parliament poised to debate and vote again.
The proposal to re-criminalise defamation in Republika Srpska was discussed at length at the annual meeting of PEN International’s Writers in Prison Committee in Zagreb, Croatia (12-14 May 2023) and at the annual meeting of PEN International’s Writers for Peace Committee in Bled, Slovenia (16-18 May 2023).
For more information about the proposed amendments, please see ARTICLE 19's in-depth legal analysis.
For further details contact Aurélia Dondo, Head of Europe and Central Asia Region at PEN International: Aurelia.dondo@pen-international.org