SARAJEVO, April 13, 2022 – Political and financial pressures on the media and journalists in BiH continue and the number of reports related to hate speech is worrying, according to the State Department’s report on human rights for last year, which was published yesterday.

Data from the Free Media Help Line (FMHL) indicated that courts continued to fail to differentiate between different media formats (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 the number of defamation cases against journalists and editors remained high, especially in instances where journalists were investigating crime and corruption. Available data indicated that 80 percent of defamation cases were initiated by government officials or politicians. Continued incorrect implementation of the defamation laws caused direct pressure against journalists and media that jeopardized journalists’ right to freedom of expression. BH Journalists warned that the number of so-called SLAPP (strategic lawsuit against public participation) charges was increasing and that enormously high damage compensation claims were directed at undercutting the financial stability of media.

Independent media were active and expressed a wide variety of views, but sometimes this resulted in pressure or threats against journalists. Officials confronted with criticism intensified the practice of calling journalists traitors or labeling them as members or affiliates of opposition political parties, using harsh insults to discredit them. BH Journalists noted that gender-based attacks and pressure against journalists had increased since 2019. 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 but was seldom enforced.

The Communications Regulatory Agency (CRA) received 11 complaints related to hate speech but did not determine any cases as hate speech in the broadcast media. The Press Council, which operates as a self-regulatory membership-based body for both online and printed media outlets across the country, registered 297 complaints related to hate speech, all of which were related to online media, one to an article published by a news agency, and seven related to content published on social media. Of the complaints, 295 were related to comments from web portal visitors. As of September, 136 complaints had been resolved through self-regulation.

The web portals Sejl.org and Bosnjaci.net conducted a yearlong slander campaign against media professional and University of Sarajevo professor Lejla Turcilo, accusing her of “poisoning Bosniak children” and labeling her a “genocide denier.” BH Journalists issued a statement condemning the attacks. As a result, BH Journalists general secretary Borka Rudic also became a target of similar attacks. Nationalist web portals accused both women of supporting war criminals and insulting the prophet Muhammed. Journalist and television presenter Nikola Vucic and N1 (a CNN affiliate) editor in chief Amir Zukic endured similar attacks due to efforts to address the smear campaign against Turcilo. Both were accused of supporting war criminals. Safe Journalists and the European Federation of Journalists strongly reacted to the campaign. Organization for Security and Cooperation in Europe (OSCE) representative on freedom of the media Teresa Ribeiro condemned this targeted online hate campaign against media professionals in BiH, urging authorities to take effective measures to investigate and prosecute the perpetrators.

Political and financial pressure on media outlets continued. The negative economic effects of the pandemic further eroded the financial stability of media across the country, often forcing them to scale back their operations and making them more vulnerable to outside pressure. Some media outlets noted that allegations of tax evasion and elaborate financial controls continued to be powerful tools in attempts to intimidate and control outlets.

The number of attacks against journalists increased during the year. Attacks on journalists’ professional integrity and freedom of the press continued throughout the year. Public officials obstructed the work of journalists. This period was marked by attempts to restrict access to information in several areas. Restrictions imposed during the pandemic remained in place.

The Report is available HERE.

The Association of Journalists of Kosovo – AJK, expresses concern about the main findings of the US State Department Report on Kosovo.

The report published this week states that despite the general respect for freedom of expression, there were still attempts to intimidate media representatives by politicians, public figures, businesses, and religious groups.

The report notes that funding problems also undermined media independence, as well as difficulties in obtaining information from the Government and public institutions.

“Journalists encountered difficulties in obtaining information from the government and public institutions, notwithstanding laws providing access to public documents.”

According to the report, the independent media were active and expressed a variety of views, generally without restrictions. However, some government officials, political parties, government-affiliated businesses, religious groups, and disgruntled individuals pressured media owners, editors, and journalists not to publish certain stories or materials.

The US State Department cites reports by the Association of Journalists of Kosovo on the physical attack on Visar Duriqi, the interview of Parim Olluri by Prosecution on vaccine reporting, and the threat of Vetëvendosje MP Haki Abazi to the Albanian Post portal, as the three of the most serious incidents in 2021.

AJK estimates that the findings of the report should be an alarm for the country’s institutions that should be engaged in creating a better and safer environment for journalism.

AJK also calls upon media owners to allow journalists to report without being censored and fearing that they will lose their jobs.

SARAJEVO, April 12, 2022 – The Steering Committee of the BH Journalists Association demands from the Assembly and the Government of Canton Sarajevo to prevent and sanction any kind of political pressure and attempts to influence the editorial policy and programming of Television Sarajevo (TVSA).

After the adoption of the new Rulebook on work and systematization of jobs in TVSA, the Cantonal Council of the Party for Bosnia and Herzegovina (Stranka za Bosnu i Hercegovinu) issued a statement yesterday, stating that they were “surprised by the decision of TVSA director Duska Jurisic to cancel the editorial office of documentary program.” The Party for BiH inappropriately accused the management of TVSA and director Jurisic of creating “a new aggressive concept on the being, feelings and needs of TVSA viewers”, concluding that the abolition of the documentary program “clearly will reduce production about past aggression” on BiH. On the other hand, TVSA points out that according to the new Rulebook and a different functional organization, there is a Department of Information and Educational Program that will “enable a larger number of documentaries than in the previous period.”

This is not the first time that representatives of political parties in Sarajevo Canton exert open political pressure and directly interfere in TVSA’s program policy. This time, the almost open threat in the statement of the Cantonal Council of the Party for BiH on how they will do everything to prevent and “neutralize the results of the actions” of those they call “ideologues of anti-people policies” is especially worrying.

The Steering Committee of BH Journalists strongly condemns the explicit attempts to discredit TVSA as a public media service of all citizens and peoples of Sarajevo Canton, which is financed by taxpayers’ money and not by private funds of any political party or individual in public office. This is at the same time a gross violation of media freedom and a violation of the editorial independence and institutional autonomy of TVSA, as well as the professional integrity of director Jurisic, employed journalists and all other employees of this media outlet.

BH Journalists remind that the representatives of the parties participating in the Assembly and the Government of Sarajevo Canton must act exclusively within their competences when it comes to the activities of TVSA, which includes reviewing business reports and appointing supervisory bodies and management. Anything beyond this framework is an attack on freedom of expression and the independence of the media, which must not be allowed if one wants to have a truly independent, professional public service that works in the interest of citizens and their right to information.

We call on the members of the Assembly and the Government of Canton Sarajevo to unconditionally support the management and employees of TVSA in their efforts to realize their basic mission, which is primarily work in the public interest, and to do everything in their power to prevent all future attempts of political influence and pressure to the work of Television Sarajevo.

PODGORICA, 11.04.2022 – Trade Union of Media of Montenegro (SMCG) strongly condemns the attack on the TV crew of RTV Podgorica yesterday in Grbalj and calls on the authorities to identify and prosecute the perpetrators of this incident.

Insulting and harassing journalists in order to prevent them from reporting is unacceptable and this is just another in a series of such cases in Montenegro recently. The target is journalists and media workers from different media, with different editorial policies. Disagreement with reporting or editorial policies cannot be an alibi for such and similar attacks. Therefore, SMCG reiterates that all journalists must be allowed to report freely and that the authorities must stop and punish any kind of pressure, from whomever it comes.

We would like to remind you that at the end of last year, amendments to the Criminal Code were adopted in order to strengthen the criminal-legal protection of journalists during the performance of journalistic tasks. Therefore, we hope that there will be fewer such cases, but we also appeal to the competent authorities to take each case seriously and bring it to an end.

Sarajevo, April 7, 2022 – Journalists and representatives of judicial institutions in BiH are cooperating to a much greater extent today than was the case before. Although cooperation has improved, representatives of the media and the judiciary still face numerous challenges that need to be overcome, especially when it comes to protecting media freedoms and safety of journalists, said the participants at the final conference held today in Sarajevo, organized by the BH Journalists Association in cooperation with the Council of Europe, within the program Horizontal Facility for the Western Balkans and Turkey for 2019-2022 – Freedom of expression and freedom of the media in Bosnia and Herzegovina (JUFREX2).

“This is a unique opportunity for representatives of the media, judicial and other institutions to come together and exchange experiences. It is very important that threats and attacks on journalists are registered and that they do not go unpunished, and we can especially talk about that these days when we see what journalists in Ukraine are facing. Journalists and representatives of judicial institutions in BiH today work more as allies than was the case before, and I believe that this is the greatest value of the JUFREX project “, says Bojana Urumova, Head of the Council of Europe Office in BiH.

“When we were just starting with this project, there was no dialogue between the judiciary and the media. We are now seeing better cooperation and we are really making significant progress. Of course, there are a significant number of political structures that are talking about attempts to pass some retrograde laws in the field of freedom of expression, and these are things that we must constantly warn and react to. This is the essence of the JUFREX project – to support institutions that deal with it to consistently live what is the protection of media freedom and freedom of expression”, said Vanja Ibrahimbegovic Tihak, project manager of the Council of Europe Office in BiH.

The president of BH Journalists, Marko Divkovic, believes that the attitude of representatives of institutions towards journalists has changed significantly, and this shift is most visible when it comes to the police. However, the problem remains the work of prosecutors, who often do not respond adequately to attacks and threats to journalists. Sinisa Vukelic, editor of the Capital portal and president of Banja Luka Journalists ‘Club, agrees that prosecutors’ offices must do a better job.

“We have had several cases where the prosecutor’s office tells us that they do not consider threats as threats. We have come a long way when it comes to protecting journalistic freedoms. Unfortunately, the authorities are doing everything to stifle the few independent media that still exist in this country. In Banja Luka, there is now an attempt to criminalize defamation again and that is really frightening. It is even worse that no one even reacts to that “, says Vukelic.

Lawyer Vlado Adamovic says that everyone is in favor of human rights and freedom of information, but the question is how we achieve that.

“Journalists and representatives of the judiciary can work together, but the professions also tell us that we cannot share views on some things. For example, judges cannot support journalists in their freedom of expression when journalists violate that freedom. However, if we consistently apply the standards of both professions, then cooperation can be very good “, emphasizes Adamovic.

Lawyer Irena Puzic Obradovic emphasizes that a network of people has been created within JUFREX, who are now continuously exchanging information with each other:

“Interprofessional seminars are of very high quality, and on the other hand, through such projects we are becoming more visible in society. We are responsible ourselves when our voice is not heard. The problems that journalists face must be visible, it must be something that is talked about in public. ”

According to the president of the Center for Education of Judges and Prosecutors of FBiH, Arben Murtezic, journalists are one of the most underrated professions in our society.

“I think that through this project in recent years we have managed to overcome a certain garden of natural antagonism between representatives of the judiciary and journalists. The question remains, where next? The position of female journalists, violence in the online space, the base of attacks on journalists within the judiciary are some of the new topics that are being opened “, says Murtezic.

Prof. dr. Lejla Turcilo from the Faculty of Political Sciences in Sarajevo says that it is especially important to talk about new forms of attacks on journalists through the Internet, especially because we have not yet found adequate mechanisms to prevent and sanction such attacks.

“The Internet has brought an unfair competition to journalists in the form of the so-called ‘wild’ portals, and there is a completely anarchic space of social networks in which various forms of wars are fought in public space and attacks on journalists are made. These attacks are very often a systematic destruction of reputation and the goal is always to silence journalists. Those who design and carry out such attacks often have significant political support and are related to the political right”, says prof. dr. Turcilo.

Professor Zarfa Hrnjic Kuduzovic from the Faculty of Philosophy in Tuzla emphasized that many journalists do not report attacks and threats, which is exactly what the attackers are counting on: “Attempts at self-regulation of social networks have proved ineffective in more organized societies than BiH, so many countries are now introducing sanctions for hate speech in comments on portals and social networks. ”

Maida Bahto Kestendzic from the Press and Online Media Council of BiH said that the number of complaints about online media reporting is growing rapidly, and that last year this body registered a record number of complaints.

Journalists Arijana Saracevic Helac, Avdo Avdic and Gloria Lujanovic spoke about their experiences with threats and attacks, as well as lawsuits.

“That is the price of our work – to be in court at some point. But our motive is truth and only truth. In this country, the problem is if a journalist publishes a certain document and not the one to which the document refers and who did something illegal”, says Arijana Saracevic Helac.

“It is usually said that a journalist is in the service of the public. I only partially agree with that. I believe that a journalist should be in the service of the truth. It is easy to tell the truth that is popular, but it is difficult to say what the public does not want to hear. When the public turns against you, then it is problematic to write the truth and that is the most difficult part of my career”, said Avdic.

According to Gloria Lujanovic, journalists dealing with topics such as war crimes, corruption and crime are unprotected. “Our judicial system is under political-party control and it is difficult to expect any protection in such circumstances,” Lujanovic said.

As a sign of solidarity with BHRT employees who have not received salaries for two months, the guests at the conference were representatives of this public service, whose existence is seriously endangered. They said once again that BHRT must not be allowed to shut down and that Bosnia and Herzegovina must have a professional public service, which will be financially stable and completely independent of political influences.

MOST SIGNIFICANT PROJECT RESULTS

Presenting the most important results of the project, the Secretary General of BH Journalists Association Borka Rudic stated that four interprofessional seminars and two webinars were organized in the past period. Some of the topics covered were hate speech and online threats to journalists, secret recording, economic situation of the media during the pandemic…

Contribution to the protection of freedom of expression and integrity of the journalistic profession was made through the availability of free legal aid for at least 240 journalists, as well as the publication of 5 editions of the E-Journalist newsletter, 5 expert analyzes and at least 250 thematic texts, analyzes and reports.

“In the past period, 11 cases were resolved in favor of journalists before the courts and competent institutions related to the rights to freedom of expression and threats through social networks. We have made a set of 5 recommendations and initiatives, strengthened cooperation with the HJPC, and we especially emphasize very good cooperation with the centers for education of judges and prosecutors in FBiH and RS”, said Borka Rudic.

On 9 March 2018, Prosecutor Remzush Latifi from the Basic Prosecution Office in Prishtina, filed an indictment against the Infokus portal journalists Shkelzen Dakaj and Valdete Dakaj for “False News or Reporting” under Article 390 of the Criminal Code. Prosecutor Latifi submits that the Infokus portal “had published false information that the businessman Blerim Devolli allegedly possesses a forged Montenegrin passport”. Devolli had complained to the prosecutor about image damage. The indictment mentions a series of articles published by the Infokus portal in the period from 23 December 2016 to 25 January 2017.

Protection of reputation is regulated by Law No. 02/L-65 Civil Law against Defamation and Insult. Defamation was finally decriminalized in Kosovo in 2012 by the Supreme Court Principled Position K.94/2012, according to which defamation cannot be prosecuted. Also, Article 390 of the Criminal Code does not refer to publications in the media, but to statements given to official persons, which did not happen in this situation.

Prosecutor Latifi, in an unprecedented manner and open contradiction with the Supreme Court Principled Position, has been delaying the criminal proceedings against Infokus journalists for five years. Prosecution of journalists in an attempt to protect the image of anyone is an unreasonable interference with the freedom of the media, severely violates the freedom of the media and creates a deterrent effect not only on the journalists concerned but also on other journalists.

We urge Prosecutor Latifi and the Basic Prosecution Office in Pristina to immediately withdraw the indictment and ensure that he will not use his authority to intimidate journalists in the future.