Newsroom
Amendments to draft defamation legislation in Bosnia and Herzegovina
SARAJEVO 27 March 2001
SARAJEVO, 27 March 2001 - Today, the Office of the High Representative (OHR) and the OSCE Mission to Bosnia and Herzegovina forwarded amendments to the draft defamation legislation submitted to the Entity governments on 12 February 2001. The agencies encourage both governments to incorporate the changes into the draft legislation currently under consideration.
"These amendments are the result of consultative meetings held in Tuzla, Banja Luka, Mostar and Sarajevo held following the public release of the draft legislation," said Regan McCarthy, Director of the OSCE Department of Media Affairs. "Members of the media, non-governmental organisations, civic groups, legal practitioners and members of local government all made constructive comments and contributions - an important step in the development of the draft legislation."
The first amendment changes the title of the legislation to the "Act on Protection against Defamation," as this more accurately denotes the intention of the legislation. The second amendment restructures certain provisions to highlight public officials' obligation to tolerate a higher degree of scrutiny than ordinary citizens. It also clearly provides that in all defamation cases a high standard of proof must be met. The third amendment ensures that the limitation period for bringing a claim reasonably reflects the ability of a person to know if he or she has been defamed and by whom. The final amendment requires that claims for defamation that involve the media be heard by a higher level of first instance courts than other claims. This harmonises judicial review on this issue in the Entities.
"The proposed amendments do not alter the overall intention of the legislation," noted Chris Riley, OHR Head of Media Development. "The draft defamation legislation ensures that the freedom of expression is protected in BiH in accordance with the highest international standards, while at the same ensuring the right of BiH citizens to adequate protection of their reputation."
The OHR and OSCE are pleased that the draft legislation will be introduced into Entity parliamentary procedure shortly and encourage the Entity governments to act on the legislation in a timely manner.
For further information please contact OSCE Spokesperson Luke Zahner at ++387/33 292-449.
"These amendments are the result of consultative meetings held in Tuzla, Banja Luka, Mostar and Sarajevo held following the public release of the draft legislation," said Regan McCarthy, Director of the OSCE Department of Media Affairs. "Members of the media, non-governmental organisations, civic groups, legal practitioners and members of local government all made constructive comments and contributions - an important step in the development of the draft legislation."
The first amendment changes the title of the legislation to the "Act on Protection against Defamation," as this more accurately denotes the intention of the legislation. The second amendment restructures certain provisions to highlight public officials' obligation to tolerate a higher degree of scrutiny than ordinary citizens. It also clearly provides that in all defamation cases a high standard of proof must be met. The third amendment ensures that the limitation period for bringing a claim reasonably reflects the ability of a person to know if he or she has been defamed and by whom. The final amendment requires that claims for defamation that involve the media be heard by a higher level of first instance courts than other claims. This harmonises judicial review on this issue in the Entities.
"The proposed amendments do not alter the overall intention of the legislation," noted Chris Riley, OHR Head of Media Development. "The draft defamation legislation ensures that the freedom of expression is protected in BiH in accordance with the highest international standards, while at the same ensuring the right of BiH citizens to adequate protection of their reputation."
The OHR and OSCE are pleased that the draft legislation will be introduced into Entity parliamentary procedure shortly and encourage the Entity governments to act on the legislation in a timely manner.
For further information please contact OSCE Spokesperson Luke Zahner at ++387/33 292-449.