BiH Journalist Association urges withdrawal of Amendments to FBiH Criminal Code

The proposed amendments, submitted by the FBiH Government on December 16, 2024, include Article 193.A, which prescribes fines or prison sentences of up to three years for publishing documents, photographs, recordings, or other personal content without the consent of the individuals involved.

BH Journalists have raised concerns that these provisions could legalize censorship and undermine fundamental principles of journalism, particularly in reporting on legislative and executive sessions, public court proceedings, police investigations, and other events of public interest.

“The Board of BH Journalists believes that these provisions, broadly and ambiguously formulated, could entirely prevent daily reporting by the media from legislative and executive body sessions, public trials, police investigations at crime scenes, and all other public events if the requirement to obtain prior consent is enacted. Additionally, this article contradicts legal frameworks and international recommendations that allow media and journalists to record, photograph, and gather facts for reporting purposes without needing prior consent from individuals or institutions,” stated the Association’s board.

The Association also expressed disappointment that the FBiH Government failed to incorporate the demands of the journalistic community and the European Union for enhanced protection of journalists, despite the increasing frequency of attacks on media workers. They specifically criticized Article 359.A of the proposed amendments protects medical professionals but excludes journalists and other professionals exposed to risks and attacks while performing work in the public interest.

“The government seeks protection only for doctors, ignoring journalists and other professionals who face daily attacks and security risks. This discriminatory and unequal treatment of professionals working in the public interest is unacceptable. For these reasons, the BH Journalists' Board firmly demands the withdrawal of this controversial proposal in its entirety or at least the parts that legalize censorship and introduce other restrictive measures against freedom of expression and information,” the association concluded.