This op-ed was written by Dragan Maksimović, who was one of four journalists to win ARTICLE 19’s Ethical Journalism Award for the West Balkans, part of ARTICLE 19’s #CheckItFirst campaign.
When the father of mass communication, Johannes Gutenberg, printed the first lines six centuries ago, he probably never imagined that one day, content would matter less than the form embodied in a click.
The so-called democratic process in the Republika Srpska (RS) in recent months, involving the manipulation of public discourse, represents the height of a complete crackdown on free speech, opinion, and criticism. Last year’s criminalisation of defamation was the first step towards total control over the media and civil society, aiming to be completed with the adoption of the so-called ‘foreign agents law’.
Warnings from both domestic and international communities were ignored when defamation was reintroduced into the Criminal Code of this entity last year. So, it is unlikely to be different with the new law targeting non-profit organizations. This law will allow authorities to scrutinise the civil sector for foreign influence and impose financial control. Although the law has been temporarily withdrawn for revision, it will soon reappear in the legislative process for adoption.
Restricting freedom
With these two laws, the government in Banja Luka completely stifles media activity. The first law directly targets the media, allowing any written word to be scrutinised and potentially lead to defamation lawsuits. The second law, which is even more dangerous, tightens control over most online portals registered as non-governmental organisations or citizens’ associations that rely on donations or project funding. The controversial foreign agents law also includes provisions for banning operations in cases of ‘violating the integrity of Republika Srpska’ Although the law contains a ‘grey area’ by not specifying who would determine the limits or red lines of compromised integrity, it will most likely be handled by experts who, as is often academically phrased, ‘participated’ in drafting this law and the amendments criminalizing defamation.
Ironically, the authorities in Banja Luka assert that there are boundaries to protect media freedom, public speech, and criticism of the government, even though these boundaries have long been crossed.
However, it’s fair to acknowledge that media and journalism, not just in the Republika Srpska and Bosnia and Herzegovina as a whole, but throughout the Western Balkans and globally, have been rapidly declining in recent years. Currently, there is no critical mass within the profession to counteract the descent into the clickbait culture that most have succumbed to.
Disciplining the restless
Traditional journalism focuses on answering the five Ws and one H (Who, What, When, Where, Why, and How), but this approach has largely been abandoned because it demands professional dedication. Instead of progressing alongside societal, social, and political changes, journalism today often just “reposts social media statuses in full.” In such an environment, if you as a journalist fail to answer these fundamental questions while upholding ethical journalism principles, you risk further restricting the already diminished profession, turning complex storytelling into mere dry chronology.
These laws aren’t aimed at the lowest-quality members of the media but instead target investigative journalists and those who uphold professional and ethical standards in journalism. Many of them are already feeling pressure, leading to various forms of self-censorship, often without realising it. On one side, there’s a growing number of pseudo-journalists and content creators in the media landscape, which has prompted efforts to rein in those who are more critical or outspoken, the “restless” ones. A single unfavourable ruling could severely restrict free speech in Republika Srpska. Each defamation lawsuit serves as a threat to journalists, especially concerning in a society where the importance of truth is fading, and sensational misinformation often garners more public attention than facts. Unfortunately, this trend appears unstoppable in today’s media environment, where both the media industry and the public are losing out.
Freedom of expression
The Georgian parliament recently adopted a law similar to the foreign agents law under revision in Republika Srpska (RS). Experts argue that this law could threaten Georgia’s path to EU membership. The laws are practically identical, and both countries used similar methods to introduce them to the public. However, the public’s reaction is diametrically opposite in RS, unlike Georgia, where there were widespread protests, it remained almost silent. Apart from sporadic reactions, no critical mass was formed in RS, nor did the public feel the need to participate actively in the public debate between the draft and proposal stages.
Given this situation, it’s not surprising that ARTICLE 19’s latest Global Expression Report 2024 reveals that half of the world’s population lacks the freedom to express their opinions freely. The report defines a country in crisis when freedom of expression and access to information are severely limited, citizens face punishment for dissent, and the media are subjected to censorship and attacks. Bosnia and Herzegovina (BiH) ranks 64th out of 161 countries in terms of freedom of expression, categorised as ‘less restricted’. It ranks behind countries like Malawi, South Korea, Kenya, and Liberia. Denmark, Switzerland, and Sweden occupying the top three positions
Johannes Gutenberg is unlikely to have foreseen the day when content might not be significant, the day when only the form embodied in a click. Therefore, it should be no surprise if, amid the mass ‘production’ of laws reducing the space for enjoying fundamental human rights, a new one emerges soon, further limiting speech in the public sphere.