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BiH Constitutional Court rules on defamation criminalization (January 18, 2024): strikes down prison terms (3-15 years for defamation, up to 15 years for 'gross disparagement' o…

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BiH Constitutional Court rules on defamation criminalization (January 18, 2024): strikes down prison terms (3-15 years for defamation, up to 15 years for 'gross disparagement' of RS symbols) as unconstitutional, but upholds the criminalization of defamation itself — fines and criminal record provisions remain in force. Appeal filed by Denis Zvizdić (Deputy Speaker, House of Representatives) citing violation of BiH Constitution, European Convention on Human Rights, and International Covenant on Civil and Political Rights. Court declines to annul full law — contrast with BIH-024 (full annulment of foreign agent law, May 2025). Core chilling effect remains operational: criminal defamation proceedings still create criminal record, restricting freedom of movement, education, and employment of anyone accused. Partial ruling leaves RS with criminal defamation law — unique in region — despite constitutional challenge.
country
Bosnia and Herzegovina (Republika Srpska)
date text
18/01/2024
campaign id
BIH-CAMP-004
civic actions
Zvizdić appeal triggers court review; journalists and CSOs continue campaigning against law despite partial ruling. Core harm — criminal record for defamation — remains in force after ruling.
id
BIH-032
incident id
BIH-008
notes
ANALYTICALLY DISTINCT FROM BIH-024: Partial annulment differs fundamentally from full annulment. Court removes most extreme provisions (prison terms) while leaving criminalization intact — a form of judicial legitimization of the reduced law rather than full rejection. Chilling effect operational: journalists and activists still face criminal record risk for defamation. Contrast with BIH-024 (foreign agent law fully annulled May 2025) — suggests constitutional challenge is more effective against explicit foreign agent framing than against defamation framing. RS retains criminal defamation law unique in region as of January 2024.
outcome
Partial annulment
responders
Denis Zvizdić (appeal); journalists and CSOs; BiH Constitutional Court
source
RFE/RL January 18 2024; BIRN July 20 2023

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