In the frame of the UNESCO “Global Media Defence Fund” programme, the Press and Online Media Council in Bosnia and Herzegovina established a coalition of media lawyers, aimed at bolstering freedom of expression and legal protection for journalists.
On 6 March 2024, the Press and Online Media Council in Bosnia and Herzegovina organised a press conference in Sarajevo, to officially present a coalition of 15 media lawyers in Bosnia and Herzegovina, that aims to enhance understanding of the impact of defamation lawsuits in Bosnia and Herzegovina and provide legal assistance to journalists. The coalition was established as part of the project “Law and Media – Together in Protection of Freedom of Expression”, implemented by the Press Council in Bosnia and Herzegovina, with the support of the Global Media Defence Fund (GMDF) Multi-Partner Trust Fund.
Over the last couple of years, through the Global Media Defence Fund, UNESCO has supported 67 local, regional, and global not-for-profit organisations working to bolster journalists’ legal protection and/or enhance media freedom through relevant investigative journalism and strategic litigation.
“By implementing this project, the Press Council responsible for the self-regulatory mechanism, mitigated the unfavourable legal and social environment when it comes to freedom of expression and the work of the media and journalists,” added Massarenti, Regional project coordinator at the Antenna in Sarajevo of the UNESCO Regional Bureau for Science and Culture in Europe.
“A large number of cases for compensation for defamation are pending in the courts of Bosnia and Herzegovina, and analysis has determined the problems that arise for lawyers who represent the media or journalists,” said Dražen Zubak, coordinator of the Media Lawyers Coalition. “We are ready to provide legal assistance to media and media workers in such disputes and our full support.”
Freedom of expression in Bosnia and Herzegovina has been seriously undermined by a series of legislative initiatives that put at risk the work of the journalists, and in some cases their own safety. Amendments to the Criminal Code of Republic of Srpska came into force in the end of August 2023, making the defamation officially criminalised. Their enforcement is not limited to the Republic of Srpska, as decisions of courts based in one entity are legally binding on all territory of Bosnia and Herzegovina, meaning the possibility for criminal prosecution of persons living in the Federation of Bosnia and Herzegovina.
“The goal of the project ‘Law and Media – Together in Protection of Freedom of Expression’, which ends next March 2024, was to point out the advantages of the self-regulatory mechanism as a means of protecting the media from lawsuits for damages,” underlined Dzenana Burek, Executive Director of the Press and Online Media Council in Bosnia and Herzegovina. “This, due to defamation and the identification of at least one case suitable for initiating strategic litigation, and in order to improve the degree of protection of freedom of expression in Bosnia and Herzegovina.”
The Coalition of Media Lawyers is the first of its kind in Bosnia and Herzegovina, and it represents a huge step and a completely new approach to the protection of media freedom in our country.
“In addition to educating journalists and editors about the importance and advantages of the self-regulatory mechanism through participation in the sessions of the Council’s Complaints Commission, the project over the past year has shown how important it is to continue the dialogue between the judiciary and the media community,” Burek declared.
In Bosnia and Herzegovina, UNESCO will support a new GMDF project titled “JurnoJustice-Defending Free Speech in Journalism”, that will be implemented by the Vasa Prava Association, with the aim of enhancing legal protection and overall safety of journalists, through the provision of legal assistance to journalists facing criminal actions, among other ones.
In Bosnia and Herzegovina, UNESCO is currently engaged in fostering freedom of expression, offline and online, through : “Building Trust in Media in South-East Europe: Support to journalism as a Public Good” (2023-2026), with the Press and Online Media Council as a key partner, and “Social Media 4 Peace” (2021-2024), which contributed towards setting up the 2023 Coalition for Freedom of Expression and Content Moderation, to create a free and healthy online environment for citizens.
