The law provides for freedom of expression, including for the press, but governmental respect for this right remained poor during the year. Intimidation, harassment, and threats against journalists and media outlets increased in the period leading up to the October general elections, while the majority of media coverage was dominated by nationalist rhetoric and ethnic and political bias, often encouraging intolerance and sometimes hatred. The absence of transparency in media ownership remained a problem.
Freedom of Expression: The country’s laws provide for a high level of freedom of expression, but the irregular and in some instances incorrect implementation and application of the laws seriously undermined press freedoms. The law prohibits expression that provokes racial, ethnic, or other forms of intolerance, including “hate speech,” but authorities did not enforce these restrictions.
According to data from the BiH Journalists Association (BiH Journalists) covering the period from 2006 to 2018, authorities prosecuted approximately 30 percent of reported criminal acts committed against journalists and investigated more than one-third of all cases alleging violation of journalists’ rights.
Political and financial pressure on media outlets continued. Some media outlets noted that allegations of tax evasion and elaborate financial controls continued to be powerful tools in attempts to silence outlets. A number of physical attacks against journalists occurred during the year. The trend of politicians and other leaders accusing the media of treason in response to criticism intensified. In June, RS President Milorad Dodik accused pro-opposition BNTV journalists Suzana Radjen Todoric and Zeljko Raljic of working against the RS. Using the fact that they went to London to attend a media course and linking this to his earlier conspiracy theory about British spies planning a coup in the RS, Dodik asserted that the journalists received special training in the UK, adding that it was understood what purpose this “training” would serve. The Banja Luka Journalists Club, BiH Journalists, and the British Embassy strongly condemned the allegations, noting they jeopardized the work of the free press and the physical safety of the two journalists.
Professional media organizations also noted that gender-based attacks against female journalists increased during the year. A representative case occurred in late 2017 when the deputy secretary of the BiH Presidency harshly insulted two female journalists on his Facebook page, commenting on their television appearance and using discriminatory language. BiH Journalists called the comments a misogynistic act and demanded that the institution punish the behavior. As of mid-September, the BiH Presidency had not taken action regarding the incident.
Reporting on war crimes continued to provoke strong negative reactions, as was the case in late 2017 with journalists Sanel Kajan from al-Jazeera, Stefica Galic from the tacno.net portal, Arijana Saracevic Helac from RTV FBIH, and Lejla Turcilo from the Faculty of Political Sciences Sarajevo. These journalists received numerous threats, including death threats, due to their positions and reporting on the verdict of the International Criminal Tribunal for the former Yugoslavia on the war crimes case against six wartime military and political Croat officials.
In 2017 the Communications Regulatory Agency (CRA) won more institutional and organizational independence and was subjected to less direct government control after it was exempted from the Law on Ministries and other administrative agencies. The CRA’s financial independence continued to be of concern, however, since it was still subject to the Law on Budget and Salaries.
As of July the CRA had received 13 complaints alleging hate speech. Twelve complaints were related to the program Cyrillic, which was produced in Serbia but also aired live on ATV, a private station based in Banja Luka. All the cases were under review.
As of October the self-regulated BiH Press Council had received 198 complaints, 33 of which were related to hate speech. Two of the 33 cases were determined to be examples of incitement and the spreading of hate speech, while 18 were under review. Almost all reported cases of hate speech occurred in online media and in the comments section of online publications. The BiH Press Council noted that nearly all hate speech cases related to ethnic issues and concluded that online groups were involved in initiating intolerant speech. In the second half of the year, the Press Council has noticed an increase in hate speech towards women and journalists.
Press and Media Freedom: The law prohibiting expression that provokes racial, ethnic, or other forms of intolerance applies to print and broadcast media, the publication of books, and online newspapers and journals. It has yet to be enforced. In addition, the BiH constitution, the constitutions of the entities, and the Statute of the Brcko District guarantee freedom of expression. Implementation and enforcement of these legal protections, however, remained sporadic.
Data from the Free Media Help Line (FMHL) indicated that courts continued to fail to differentiate between different media genres (in particular, between news and commentary), while long court procedures and legal and financial battles were financially exhausting to journalists and outlets. The FMHL concluded that years of incorrectly implementing the law had caused direct pressure against journalists and media and that such pressure jeopardized journalists’ right to freedom of expression. While numerous outlets continued to express a wide variety of views, coverage diverged along political and ethnic lines, and media outlets remained subject to excessive influence from government, political parties, and private interest groups.
Authorities increased pressure on media outlets to discourage some forms of expression, and party and governmental control over the major information outlets narrowed the range of opinions represented in both entities. Public broadcasters remained under strong pressure from government and political forces due to a lack of long-term financial stability and their dependence on politically controlled funding sources. These factors limited their independence and resulted in news that was consistently subjective and politically biased.
The Public Broadcasting System consists of three broadcasters: nationwide radio and television (BHRT) and the entity radio and television broadcasters RTRS and RTV FBiH. Public broadcasters continued to be in a difficult financial situation, primarily due to the lack of an efficient and stable system of financing.
The institutional instability of the governing structures of RTV FBiH was further illustrated by its continued failure to elect a steering board and organizational management, leaving it open to political influence. As a result, RTV FBiH continued to demonstrate political bias and a selective approach to news.
The RS government continued to control directly the RTRS, which campaigned for the ruling political parties in the RS and attacked their political opponents. Coverage of conspiracy theories and so-called “analysis” that directly supported the ruling narrative increased in the election year. The BHRT, which had a reputation of being balanced and nonbiased, in a few instances caved to increased political pressure and censored its own reporting. In March, BiH Journalists called on the management and the steering board to put an end to pressure and censorship directed at BHRT journalists. Authorities remained subject to competing political interests and failed to establish a public broadcasting service corporation to oversee the operations of all public broadcasters in the country as provided by law.
Violence and Harassment: Intimidation and threats against journalists increased during the year in connection with the approaching October elections. Cases of violence against journalists were recorded as well. Intimidation and politically motivated litigation against journalists for their unfavorable reporting on government leaders and authorities also continued. As of September the Free Media Help Line recorded 42 cases involving violations of journalists’ rights and freedoms or death threats and physical assaults.
A series of physical attacks against journalists, included incidents involving a group of veterans assaulting journalists from the Klix.ba web portal and al-Jazeera Balkans during protests in Sarajevo and verbal attacks against a BHRT film crew covering separate protests in Tuzla, culminated in two masked assailants violently attacking a journalist from the pro-opposition BNTV, which was based in the RS. Vladimir Kovacevic, a BNTV journalist based in Banja Luka, was severely beaten as he came home after covering a protest. He sustained severe injuries and was hospitalized. The attack was condemned by journalists, government officials, and media organizations, including a number of journalists who protested in front of the RS president’s office in Banja Luka to demand that officials stop fostering a hostile press environment. Peaceful protests by journalists followed in major cities throughout BiH. The Banja Luka district prosecutor treated the assault as an attempted murder. Numerous outlets criticized the police investigation, stressing that it was actually Kovacevic’s father, not the police, who found the first piece of evidence. RS police arrested the first suspected attacker on September 10. Although police officials emphasized that the suspect remained silent and did not cooperate, the RS minister of interior, Dragan Lukac, immediately asserted that the government was not behind the attack, but that other political forces could be. Members of the press saw these as biased actions. The police have identified the second suspect in the attack and issued a warrant for his arrest, but he remains at large.
Censorship or Content Restrictions: Multiple political parties and entity-level institutions attempted to influence editorial policies and media content through legal and financial measures. As a result, some media outlets practiced self-censorship.
In some instances, media sources reported that officials threatened outlets with loss of advertising or limited their access to official information. Prevailing practices reflected close connections between major advertisers and political circles and allowed for biased distribution of advertising time. Public companies, most of which were under the control of political parties, remained the key advertisers. Outlets critical of ruling parties claimed they faced difficulties in obtaining advertising.
Libel/Slander Laws: While the country has decriminalized defamation, a large number of complaints continued to be brought against journalists, often resulting in extremely high monetary fines. Noteworthy court decisions against journalists included temporary bans on the posting or publication of certain information, as well as very high compensatory payments citing “mental anguish.”
In May, RS minister of the interior Lukac, spoke at an RS National Assembly special session on the unsolved murder of 21-year-old David Dragicevic. Minister Lukac repeatedly accused blogger Slobodan Vaskovic of manipulating the mourning father, Davor Dragicevic, with the goal of undermining and discrediting the RS and its police. Minister Lukac accused Vaskovic of alleged anti-RS activities, claiming that a foreign embassy in the country protected the blogger. The minister stated he would file a slander complaint against Davor Dragicevic after Vaskovic claimed in his blog that the minister was protecting the perpetrators of the murder, an accusation that Davor Dragicevic repeated. RS opposition politicians, intellectuals, and journalists condemned Minister Lukac’s speech.
Internet Freedom
The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that it monitored private online communications without appropriate legal authority. The law prohibits expression of racial, ethnic, or other intolerance, which includes hate speech. Authorities, however, did not enforce these prohibitions for online media.
While access to the internet is not explicitly listed as a legal right, constitutional and legal protections have been interpreted to also apply to the internet. In the RS, the law declares that internet-based social networks are part of the public domain and provides fines for “insulting or disturbing” content, although not clearly defined, published on the internet. Independent analysts considered this provision to be an attempt to control online activism and social media, noting that the law broadens police authority. RS authorities have not implemented the law, having initially met strong negative reaction from journalists, NGOs, opposition political parties, and the international community.
Many news portals were not registered officially and did not list contact information, making it difficult to reach them. The vast majority of registered hate speech cases in the country occurred online.
According to International Telecommunications Union statistics, 69.5 percent of individuals in the country used the internet in 2017.
Academic Freedom and Cultural Events
The cantons of Tuzla and Sarajevo have laws that could restrict the independence and academic freedom of universities within their jurisdiction by allowing elected municipal authorities to hire and fire university personnel, including academics, at their discretion. Under the pretext that it is mandated by the law, Sarajevo University in June drafted a “code of conduct and dress” that stirred intense debate among students, academics, and members of the public, all of whom asserted the proposed dress code would be open to abuse and would violate the students’ and professors’ right to freedom of expression, which is guaranteed in the constitution.
The country’s eight public universities remained segregated along ethnic lines, including their curricula, diplomas, and relevant school activities. Professors reportedly on occasion used prejudicial language in their lectures, while the selection of textbooks and school materials reinforced discrimination and prejudice.