The Constitutional Court of Bosnia-Herzegovina ruled on January 18 that recently added provisions of the Criminal Code of Republika Srpska criminalizing defamation in the majority Serb entity “are not unconstitutional” but at the same time said prison sentences in the controversial new law are unconstitutional.
The court struck down the article of the law that provides long prison terms for people convicted of violating the law. The prison terms ranged from three years for "gross disparagement" of Republika Srpska symbols to 15 years for more egregious violations.
The National Assembly of Republika Srpska passed amendments criminalizing defamation in July despite criticism from journalists and free speech advocates who said the changes would stifle freedom of speech.
Republika Srpska President Milorad Dodik, a divisive figure who is also the leader of the ruling Alliance of Independent Social Democrats (SNSD), signed the amendments into law in August.
Some provisions of the legislation were watered down during debate in the legislature, but the sentences remained in the bill.
SEE ALSO: Bosnian Serb Leader's Trial Postponed For Third TimeDenis Zvizdic, deputy speaker of the House of Representatives of the Bosnian parliament, filed an appeal to annul the criminalization of defamation shortly after Dodik signed the amendments. He also requested a temporary measure suspending the law until the court ruled.
Zvizdic said the criminalization of defamation violates the provisions of Bosnia’s constitution that protect human rights and democratic principles. The change in the Criminal Code also violates the European Convention on Human Rights and the International Covenant on Civil and Political Rights, he said.
Zvizdic stressed in his appeal that criminalization of defamation would have negative consequences for freedom of speech in all of Bosnia, not just in Republika Srpska, and would make the work of the news media particularly difficult.
The amendments say that making malicious or untrue statements about a person amounts to defamation and that violators can be fined from 500 euros to 3,000 euros.
The European Union and the Organization for Security and Cooperation In Europe were among the groups that warned Republika Srpska against passing the amendments, also saying they threatened freedom of speech and freedom of expression.
Dodik, who has been pursuing increasingly nationalist and secessionist policies, said the aim of the amendments was to protect the interests of Republika Srpska and its government in the face of “special warfare” involving journalists.
Dodik currently faces charges related to allegations that he has defied the rulings of High Representative Christian Schmidt.