Sarajevo, January 27, 2025 – Steering Committee of BH Journalist demands the withdrawal from the parliamentary procedure of the Proposal of the Law on Amendments to the Criminal Code of the Federation of Bosnia and Herzegovina (Federation of Bosnia and Herzegovina) since it contains provisions whose adoption and application could limit the right to freedom of expression. and prevent the daily work of journalists and the media in the interest of the public.
Steering Committee of BH Journalist believes that the introduction of criminal sanctions and prison sentences for the publication of photos, recordings and documents, without the prior consent of the persons to whom the said documents refer, could seriously threaten the fundamental values of journalism and the professional work of the media, but also legalize censorship through disproportionate protection privacy of everyone, including persons in state and other public functions, who have voluntarily agreed to publicly expose their privacy and the ways in which they perform public functions.
According to information available to BH journalists, the Government of the Federation of BiH is on 16.12.2024. submitted to the parliamentary procedure the Proposal of the Law on Amendments to the Criminal Code of the Federation of Bosnia and Herzegovina, which in Article 193 A stipulates that whoever “directly or through information and communication technologies, publishes or displays a document, portrait, photograph, film, phonogram or other content of a personal nature without the consent of the person who compiled the document or to whom the document refers… or without the consent of the person whose consent is required by law” shall be punished by a fine or a prison sentence of up to three years.
The Steering Committee of BH Journalist assesses that the above-mentioned provisions, quite broadly set and vaguely formulated, can completely prevent daily media reporting from sessions of legislative and executive authorities, trials open to the public, police investigations at the scene of incidents and crimes, as well as all other public event, if the provisions on the obligation to obtain prior consent are adopted! Also, the mentioned article is contrary to legal acts and international recommendations that allow media and journalists to record, photograph and collect facts for the needs of media texts without seeking prior consent from individuals and/or institutions.
For Steering Committee of BH Journalist, it is also very indicative that the Government of the Federation of BH is reaching for criminal provisions that directly endanger the journalistic profession, while at the same time it did not take into account the numerous demands of the journalistic association, state and independent institutions as well as the European Union to more effectively protect security through criminal legislation journalists and media workers. In Article 359, the Government of the Federation seeks only the protection of doctors, but not journalists or members of any other profession, who are daily shunned by attacks and security risks, demonstrating with this act the discrimination and unequal treatment of all professionals who do work of public importance.
Due to all of the above, the Steering Committee of BH Journalist once again resolutely demands the withdrawal of this disputed Draft Law in its entirety or only in parts that legalize censorship and propose other, restrictive measures against the right to freedom of expression and information.
Steering Committee of BH Journalist
