Draft amendments to the RS Criminal Code raise concerns, OSCE human rights office says

SARAJEVO, 26 May 2023 – In response to the recent passing of the draft amendments to the Criminal Code of Republika Srpska, the OSCE Office for Democratic Institutions and Human Rights (ODIHIR) raised concerns about their compatibility with the right to freedom of expression.

In a newly published analysis requested by the OSCE Mission to Bosnia and Herzegovina, ODIHR says: “The right to freedom of expression is a human right crucial to the functioning of a democracy and is central to achieving other human rights and fundamental freedoms. The full enjoyment of this right is one of the foundations of a free, democratic, tolerant and pluralist society in which individuals and groups with different backgrounds and beliefs can voice their opinions, while bringing visibility to marginalized or underrepresented groups”. 

“Bearing in mind the negative impact that defamation laws may have on the freedom of expression, international human rights bodies, including the OSCE Representative on Freedom of the Media, have called upon states to abolish any criminal defamation laws.State practices show that criminal defamation laws are often used against journalists, political opponents, human rights defenders and others who are critical of government officials and policies,” the legal analysis continues. “It is acknowledged that the right to protection of reputation is also a fundamental right which is protected under international law, and could be impacted by defamatory statements. At the same time, defamation laws could have a chilling effect on the exercise of the right to freedom of expression. Therefore, it is important that defamation laws when they exist are formulated in a way that excludes potential abuse by the public authorities, and at the same time conform to the principle of proportionality.”

ODIHR calls upon the authorities not to pursue the adoption of the provisions that aim at criminalizing “insults” and “defamation” in the Republika Srpska. In its analysis, the Office suggests considering a number of possible alternatives, at the same time ensuring that they are carefully crafted to exclude arbitrary application or abuse by the public authorities and fully comply with all international human rights standards.

The full analysis can be found here: Urgent comments on the draft criminal offences against honor and reputation in Republika Srpska | OSCE