Irene Khan and Clement Nyaletsossi Voule, Special Rapporteur on the rights to freedom of peaceful assembly and of association, have communicated with Bosnia and Herzegovina regarding proposed amendments to reintroduce criminal sanctions for defamation.
The proposed draft amendments to the criminal code of Republika Srpska on “criminal offences against honour and reputation”, were announced by the Minister of Justice of Republika Srpska, Mr. Milos Bukejlovic, on 2 March 2023 and were published on 3 March 2023.
Bosnia and Herzegovina set a good example in the region by decriminalizing defamation 20 years ago. The criminalization of defamation could have a negative impact on the human rights situation in the country, in particular on free and inclusive political discourse, the right to seek, receive and impart information, and press freedom.
The adoption of the amendments would constitute a major retrogression in the legal framework for the protection of freedom of expression in Bosnia and Herzegovina. The proposed amendments also would go against a global trend of decriminalizing defamation, including in the European region where several EU or candidate member states have abandoned criminal defamation or have taken steps towards abandoning it.
The UN experts therefore urge the Government to carefully reconsider the amendments and to ensure that the freedom of expression in Bosnia and Herzegovina is upheld.
The full letter (reference OL BIH 1/2023) may be read below or accessed at the OHCHR communication database.