OSCE concerned about decree against “fake news” in Republika Srpska, Bosnia and Herzegovina, and calls on authorities to withdraw it
VIENNA / SARAJEVO, 14 April 2020 – The OSCE Representative on Freedom of the Media, Harlem Désir, and the Head of the OSCE Mission to Bosnia and Herzegovina, Kathleen Kavalec, pointed to the risk of potential violations of fundamental freedoms after the Republika Srpska, an entity of Bosnia and Herzegovina, issued a decree which could restrict the media and journalists from reporting freely on the COVID-19 pandemic.
On 10 April, the Representative and the Head of Mission sent a letter to the President of the Republika Srpska, Željka Cvijanović, following a decree prohibiting incitement to panic and disorder during the state of emergency. The decree, published in the Official Gazette of the Republika Srpska on 6 April, forbids the media and the general public from spreading false news that incites panic, and prescribes significant fines for those who do so. “We take note of the public statements by President Cvijanović that followed our letter, in which she suggests there may be no need to implement such regulation or similar limitations.”
“We fully understand the aim of tackling the dissemination of ‘fake news’ that could pose a risk to public health, or which could create panic and disorder during this health crisis,” Désir and Kavalec said. “However, it is important to ensure the free flow of information and that the media can work free from any kind of pressure, in order for them to provide essential information to the public, including on vital health measures,” they added.
In their letter, the Representative and the Head of Mission also noted that such a decree could lead to censorship and self-censorship, as well as arbitrary and disproportionate penalties. This, they said, could undermine media freedom and the fundamental human right of freedom of expression. Furthermore, they were particularly concerned that the decree does not provide concrete details on how these offences would be determined, or on which jurisprudence they are based.
“We recall our press statement published on 23 March 2020 (https://www.osce.org/
They called on the authorities to withdraw the decree, reiterating their readiness to assist the state and entity authorities and to provide expert analysis on any media freedom issue.
The OSCE Representative on Freedom of the Media observes media developments in all 57 OSCE participating States. He provides early warning on violations of freedom of expression and media freedom and promotes full compliance with OSCE media freedom commitments. Learn more at www.osce.org/fom, Twitter: @OSCE_RFoM and on www.facebook.com/osce.rfom.