Responding to the recent passing of the draft amendments to the Criminal Code of Republika Srpska, one of two Bosnia's semi-autonomous entities, 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 said that the right to 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.”

EU says RS’ defamation criminalization is a step in the wrong direction

OSCE BiH asks that RS authorities abandon criminalization of defamation

“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”, the analysis showed.

It also recalled that, 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,” according to the legal analysis.

It also emphasised 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”, the document underlined.

Bosnia’s Serb entity parliament adopts controversial Criminal Code changes

ODIHR called upon the authorities not to pursue the adoption of the provisions that aim at criminalising “insults” and “defamation” in Bosnia's Republika Srpska entity, suggesting to the entity authorities to consider 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.”