OSCE Representative warns that legal amendments pose threat to free expression in Bosnia and Herzegovina; offers legal assistance

VIENNA, 27 January, 2015 – OSCE Representative on Freedom of the Media Dunja Mijatović today sent a letter to the Speaker of the National Assembly of Republika Srpska, warning that the draft Law on Public Peace and Order tabled for adoption at the next session could be used to limit free expression on social media.

The draft law on Public Peace and Order extends the definition of public place to the social media. If the law is adopted, under articles 7 and 8 it will become an offence through social media to disturb the public order, to display symbols, images, drawings or texts containing indecent, offensive or disturbing content, to insult or engage in rude or insolent behavior.

“By specifically including social media in this law, there is a danger that vague terms such as disturbing the public order and the like also could be used to sanction and limit free expression,” Mijatović said. “Officials may be left to interpret what is considered disturbing or offensive, possibly leading to arbitrary or abusive charges.”

Mijatović said that freedom of expression online should be left to self-regulatory bodies to deal with, and that only in cases of incitement to violence should legal sanctions be considered as an appropriate measure.

The draft Law is on the agenda of the next session of the National Assembly of Republika Srpska on 3 February 2015.

“I call on the members of the National Assembly to consider the effect this proposal would have on free expression,” Mijatović said.

The Representative said her office would be prepared to assist the authorities to conduct a legal analysis to ensure the law would be in line with the OSCE commitments and international standards on freedom of expression.

The OSCE Representative on Freedom of the Media observes media developments in all 57 OSCE participating States. She provides early warning on violations of freedom of expression and media freedom and promotes full compliance with OSCE media freedom commitments. Learn more at www.osce.org/fom, Twitter: @OSCE_RFoM and on www.facebook.com/osce.rfom.