News in English     | 06.06.2023. 12:25 |

BH Journalists: The draft law on public order and peace in the SC violates freedom of expression

FENA Press release, Photo: Ilustracija

SARAJEVO, June 6 (FENA) - The Board of Directors of the BH Journalists Association and the Helpline for Journalists (FMHL) call on the Ministry of Internal Affairs of the Sarajevo Canton and Minister Admir Katica to withdraw the proposed draft law on offenses against public order and peace in the canton, since that the proposed legislation deeply encroaches on the right to freedom of expression and opinion, as well as the key values of the free operation of the media and social networks in democratic societies without the interference of public authorities and disproportionate restrictions.

The BH Journalists Association reminds that in the draft of that law, it is proposed that offenses against public order and peace can be committed through the means of public information, social networks or other similar means of electronic communication.

With such provisions, the Ministry of Interior of the Sarajevo Canton declares the media and the Internet a "public place" in the same way as a street, a park, a cafe or any other place where people gather, make physical contact and where offenses can be committed to the detriment of people and /or damage to property.

The BH Journalists Association finds it particularly worrisome that the MoI SC defines as misdemeanors serious threats, insulting the feelings of citizens out of hatred, presenting or transmitting false news and claims that prevent or hinder the implementation of decisions and measures of competent public authorities.

The Board reminds that some of the listed misdemeanor offenses are already regulated by criminal laws and civil defamation lawsuits in Bosnia and Herzegovina (but also in other countries), and their re-regulation through misdemeanor legislation is unnecessary.

They also emphasize that the offense of spreading fake news in democratic countries is prescribed exclusively for public gatherings and all other events in public places, while news published in the media or on social networks "by the nature of things" cannot cause such consequences for public order and peace.

In this context, the BH journalists express their fear that, under the guise of spreading fake news and possibly causing fear or panic among citizens, they are actually hiding the legislator's intentions to restrict the right to freedom of expression, criticism and debate on topics of public interest, such as the decisions and actions behind the Sarajevo cantonal authorities.

(FENA) S. R.

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