The study provides an analysis of the legal framework for the media and legislative regulations for freedom of expression in BiH, as well as their compliance with international standards and the acquisof the EU.

It consists of three parts: a) an overview of the legislative framework for the protection of freedom of expression in BiH and its compliance with international standards and the standards of the European Court of Human Rights; b) an overview of the legal framework for the media and institutional protection of media freedoms, particularly regarding the recommendations of the European Commission and their alignment with the acquis of the EU; and c) a review of the latest EU legislative frameworks related to media and freedom of expression, which also considers the possibility of their future implementation in BiH.

The introduction also provides a brief overview of the obligations that BiH, as a signatory to international conventions, has undertaken regarding the protection of freedom of expression, as well as regarding alignment with the acquis of the EU. In the first part, which analyses the legal framework for the protection of freedom of expression, reviews are provided of laws on protection of freedom of expression, laws on protection against defamation, including the recent criminalization of defamation in the Republika Srpska (RS), and regulations for the protection of public order and peace, along with their compliance with international standards and the standards of the European Court of Human Rights. The second part examines laws relevant to the operation of the media, such as the Law on Communications, the rules and regulations of the Communications Regulatory Agency, the Law on the Public Broadcasting System of BiH, and institutional frameworks for the protection of journalists. This section also presents the current state of the absence of regulations on transparency in media ownership and explains the importance of adopting such a legal framework to protect media pluralism and freedoms. Each section mentions specific initiatives for legal reforms, as well as the current status of the processes of drafting new laws.

The third part is a brief overview of legislative acts at the EU level, with particular focus on the Digital Services Act, the European Media Freedom Act, and the Directive against Strategic Lawsuits against Public Participation (SLAPP), considering their possible implementation in BiH. Finally, the report provides recommendations for necessary steps that should be taken to enhance media freedoms, protect journalists and freedom of expression, and meet the requirements of the EU integration process. The report is based on a legal analysis of the legislative framework, a review of secondary literature, and twelve interviews with legal experts and representatives of the media and institutions.

This study represents the first part of a three-part series of reports dedicated to monitoring legislative and institutional reforms in the area of freedom of expression and media freedoms in the EU integration process. This first study analyses the existing legislation and the current steps in legislative reforms on media freedoms and freedom of expression, identifying key priorities and risks. Subsequent studies will follow the process of drafting legal provisions with a specific focus on priority areas, such as transparency in media ownership and laws regarding the public broadcasting system. The study is intended for all actors involved in the protection of freedom of expression and media freedoms, including government institutions, decision-makers, regulators, the media sector, civil society, and the international community. We hope it will contribute to encouraging effective legislative and institutional reforms, as well as a better understanding of the current state and challenges in the area of freedom of expression and media freedoms in BiH.

English version of the study is available here.