05.03.2025

Viewed as retaliation against government critics, this law raises concerns about its potential use in labeling independent media and civil society organisations as foreign agents. Our coalition has long opposed the adoption of such legislation in Republika Srpska and now calls for the approved law to be immediately rescinded and for the international community to forcefully oppose the law.

On 27 February, Republika Srpska voted in the so-called “foreign agent law”, with the parliamentary majority. Previously announced by the entity’s president, Milorad Dodik, the law was introduced under an urgent procedure. The adopted law is the same as the one proposed in 2023, with only legal deadlines changed.

Following Dodik’s recent conviction by the State Court for separatist actions defying the international envoy overseeing peace in the country, Republika Srpska has initiated urgent adoption of the set of decisions and laws that aim to undermine state institutions, as well as to put pressure on independent media and civil society. 

The law regulates the permissible function and activities of NGOs who receive foreign funding, and subjects them to special registration and periodic reporting requirements. The text of the law that was previously made available as a draft to the MFRR delegation shows that the regulation establishes no minimum threshold of ‘foreign funding’. As such, NGOs would be required to regularly report on the sum and donor of the smallest contributions that they receive, which in itself imposes an onerous requirement that interferes with the daily work of civil society organisations. The law further bans NGOs, investigative media included, ‘political work’, and stipulates obligations to mark all NGO publications as ‘foreign agents.

The same day, the online media Capital.ba was raided by the local police, in an action resembling raids in neighbouring Serbia. The move has come in the midst of suspended US funding and increased tensions and pressures against media and civil society organisations across the region.

Foreign agent legislation adopted in Europe in recent years has had a detrimental impact on media freedoms, imposing a disproportionate administrative burden on independent media by attempting to control and reduce their funding, limiting their watchdog role by stigmatising their work, and in some cases pushing them into exile. This law in Republika Srpska has been opposed by the Organisation for Security and Cooperation in Europe (OSCE), the Council of Europe’s Commissioner for Human Rights, OSCE/ODIHR and Venice Commission Joint Opinion, and three UN independent experts.

MFRR partners and SJN partners emphasise that the adoption of foreign agent laws, and the unjustified use of urgent procedures undermine democratic principles at their core, and are largely disproportionate. Such laws risk creating opportunities for greater arbitrary actions and politically motivated harassment against independent media. 

The undersigned organisations strongly urge Republika Srpska to halt the enactment of the foreign agent law and ultimately to repeal this law.

This statement was coordinated by the Media Freedom Rapid Response (MFRR), a Europe-wide mechanism which tracks, monitors and responds to violations of press and media freedom in EU Member States, Candidate Countries.

Since she returned to the newsroom, after 22 months of sick leave followingher car fire in June 2022, Zubac continues to fear for her life with her movements restricted and work seriously impacted.

Among the death threats in her private home: in November 2022 infrared rays were directed at the wall of her living room and later at her body, while on 26 March 2023, a doll with its head cut off and covered in red was found outside her door. In October 2023, “Dead mouths don’t talk” was written on the same door. Despite investigations, none of the cases resulted in indictments. 

The threats continued on 19 September 2024, when the journalist discovered the message “Die NMZ” (her initials) on her son’s home, in the village of Ljubomir, near Trebinje. The incident is treated as a criminal offence under Article 150 of the Criminal Code of Republika Srpska, which relates to “Endangering Safety”.

“For two and a half years, I have been targeted by criminals. Despite eight requests for physical protection, as well as appeals from journalists’ associations, the Ministry of Human Rights of Bosnia and Herzegovina, neither the Ministry of Interior of the Republic of Srpska nor any other security institution has provided me with needed protection. I live like a prisoner in my own country. This is not a life worthy of a human being,” Zubac told the European Federation of Journalists (EFJ).

“Impunity in cases of burning cars and safety threats to Nataša Miljanović Zubac gives room for their repetition, which is why not only the perpetrators bear direct responsibility, but also the Trebinja police and the prosecutor’s office, who for two years cannot or do not want to complete the investigation and create legal grounds for punishing the perpetrators, and enable female journalists to work safely and with dignity,” pointed out the BH Journalists’ Association (BHN), and the Journalists’ Helpline (FMHL).

In addition to the death threats, the journalist was repeatedly verbally abused and intimidated. She also told MFRR that she had recently reported a physical attack to the Trebinje police on 28 October.

A few days after the International Day to End Impunity for Crimes against Journalists, the MFRR, and the SafeJournalists Network reiterate that independent investigation and prosecution of attacks is essential to deter the perpetrators and end the dangerous culture of impunity, as evidenced by the numerous threats on the journalist’s life that have gone unpunished. 

Furthermore, the undersigned organisations call for increasedphysical protection that would allow Zubac to continue her work in complete safety  and to prevent further escalation of violence as a result of investigations of public interest.

This statement was coordinated by the Media Freedom Rapid Response (MFRR), a Europe-wide mechanism which tracks, monitors and responds to violations of press and media freedom in EU Member States, Candidate Countries and Ukraine.

Dear Mr. Denis Zvizdić, First Deputy of Chairman, House of Representatives of the Parliamentary Assembly of  Bosnia and Herzegovina;

Dear Mr. Mladen Bošković, Vice President of the House of Representatives of the Parliament of the Federation of Bosnia and Herzegovina;

Dear Mr. Elmedin Konaković, Minister of Foreign Affairs of Bosnia and Herzegovina;

Dear Mr. Edin Forto, Minister of Communications and Transport of Bosnia and Herzegovina;

Dear Mr. Nermin Nikšić, Prime Minister of the Federation of Bosnia and Herzegovina;

Dear Mr. Radovan Višković, President of the Government of Republika Srpska;

We would like to urgently bring to your attention the critical financial situation facing Radio-Television of Bosnia and Herzegovina. This is a direct result of the failure to implement the law on the Public Broadcasting System of Bosnia and Herzegovina, leaving the broadcasters in perpetual conflict and in a dire financial situation. The long-standing financial dispute between the National Public Broadcaster (BHRT) and the Federation Public Broadcaster of Bosnia and Herzegovina (FTV) is leading to an unprecedented media blackout ordered by the BHRT management and creating dramatic working conditions.

The financial situation of Radio-Television of Bosnia and Herzegovina is very serious and this broadcaster risks being shut down if there is no agreement on how to distribute the RTV tax. Unfortunately, we still have no information on if and when this issue will be resolved. In Republika Srpska, Radio Television of Republika Srpska (RTRS) is collecting the monthly licence fee through JP Pošta RS and illegally  since 2017 RTRS has not transferred more than 80 million BAM (40 million EUR ) that BHRT should have received. This is also contributing to the dire financial situation of BHRT.

As a result of the financial impasse, most FTV programmes were replaced by a test signal at 6 am on 8 May. The signal to FTV was reactivated a day later following the order of the Municipal Court in Sarajevo, which threatened BHRT with a fine. The situation keeps worsening and as of 27 May 2024, BHRT will cancel fifteen programmes, while others will be shortened.

On 28 May 2024, it will be 50 days since the last time public service employees in Bosnia and Herzegovina received their last salary. Otherwise, more than 60 per cent of the 750 employees have a salary of less than 400 euros, which is not enough to live on. If salaries and arrears to employees are not paid by 1 June 2024, the continuation of broadcasting will be put in jeopardy, including events of high public interest that only the public service of Bosnia and Herzegovina can cover.

As the Independent Union of Workers of BHRT has exhausted all means of negotiation, it will hold a warning protest on 28 May, announcing the next steps prescribed by law: a warning strike and a general strike.

We would like to recall that sustainable financing of public services is a prerequisite for the country’s accession to the European Union, in line with the newly adopted European Media Freedom Act. The problematic situation in which the workers find themselves is the result of the inaction of the current and previous political authorities, which have failed to ensure stable funding and functioning of the Public Broadcasting Service of Bosnia and Herzegovina and to implement the existing law.

We reiterate our appeal to the authorities to support the BHRT journalists and employees, and to find a sustainable solution to ensure that public broadcasters receive sufficient funding to operate normally and not undermine citizens’ right to freedom of information. It is the responsibility of the state to ensure the implementation of a legal framework that protects the independence of the media and safeguards their public service mission.

Thank you for your attention to this important matter. We remain at your disposal for any further information.

This statement was coordinated by the Media Freedom Rapid Response (MFRR), a Europe-wide mechanism which tracks, monitors and responds to violations of press and media freedom in EU Member States and Candidate Countries.

The long-standing financial dispute between the national public broadcaster (BHRT) and the federal public channel of Bosnia and Herzegovina (FTV), two of the three public service media in the country, led to an unprecedented media blackout ordered by the BHRT management board. As a result, most of the programmes were replaced by a test signal at 6 am on 8 May. The signal to FTV was reactivated a day later following the order of the Municipal Court in Sarajevo, which threatened BHRT with a fine.

On 15 May, the Prosecutor’s Office of Bosnia and Herzegovina issued an order to investigate the responsibility of the Steering Committee members of the Public Radio and Television System of BiH (BHRT, RTV FBIH, RTRS) whose twelve members are appointed by the entity parliaments and the Parliament of Bosnia-Herzegovina.

“Most of the problems faced today by BHRT and RTV FBiH arise precisely from the fact that the Law on Public Broadcasting System, adopted in 2005 and amended several times in the past period, has never been fully implemented in practice, nor is it respected,” said the BH Journalists Association, which denounced a huge lack of political will to solve the situation.

That system was additionally violated in 2017 by the unilateral decision of the RTRS, the radio television of the Republika Srpska, one of the two entities, not to respect the current law on the distribution of RTV fees, and the continuation of the dispute between two broadcasters in the Federation of Bosnia and Herzegovina. 

“We hope that the investigation by the BiH Prosecutor’s Office will be an additional signal to the Steering Committee members of the three public broadcasters to urgently return to the key legal provisions on the method of collecting and distributing the RTV fee”, added the journalists’ association.

A MFRR mission to Bosnia and Herzegovina conducted in October 2023 warned that the very existence of Bosnia and Herzegovina’s public service media was at stake if the perennial crisis was not urgently resolved. The situation deteriorated further in December 2023, when the only source of income of BHRT had not been collected after a contract dispute with BHRT management. Bosnia and Herzegovina was on the verge of becoming the only European country without a public broadcaster, potentially leaving 800 employees with no job. 

While in March 2024 the European Council agreed to open accession negotiations, Bosnia and Herzegovina has yet to improve its environment for the media to continue on its path towards the European Union, as the European Commission pointed out a “backsliding” in media freedom in its report published in November 2023. In particular, the BH Journalists Association has long denounced the dire working conditions for the journalists working in the two public services, their poor labour rights, low salaries and dilapidated state of their equipment. 

The MFRR partners urge the competent authorities to find a sustainable solution in order to provide the public broadcasters with sufficient funding to operate normally, as well as the implementation of a legal framework that protects their independence and guarantees their public service mission. A sustainable financing of public services is a prerequisite for the country’s accession to the European Union, in line with the newly adopted European Media Freedom Act. The undersigned organisations also expect the investigation by the Prosecutor’s Office to shed light on the financial management of recent years and to find those responsible for the systematic obstruction of the Law on public radio and television system for almost two decades.

This statement was coordinated by the Media Freedom Rapid Response (MFRR), a Europe-wide mechanism which tracks, monitors and responds to violations of press and media freedom in EU Member States and Candidate Countries.

The report includes a set of recommendations to national and entity level authorities and the international community, which we believe are vital for the country’s democratic development and accession process to the European Union. We invite other media freedom and journalists’ organisations to support by adding their signatures using the button below.

Recommendations

Specific recommendations to Republika Srpska authorities

• Immediately repeal the legislative provisions that re-criminalised defamation in Republika Srpska;
• Discontinue all criminal cases that have been initiated on the basis of the criminal defamation law;
• Prioritise media self-regulation in addressing defamation concerns, particularly the right of reply and correction, and ensure that civil defamation laws contain safeguards against SLAPPs and other abuses;
• End all intimidating practices against journalists and media actors by public officials, including verbal attacks, smears, harassment and threats
• Publicly condemn, investigate and effectively prosecute all criminal attacks on journalists and media outlets;
• Immediately and definitively withdraw the “foreign agent” draft legislation and refrain from imposing any discriminatory regulatory requirements for civil society organisations or media based on the origin of the funding that they receive;
• Ensure an inclusive, transparent and human rights rooted process in the drafting of the pending media law
• End all interference with the RTRS’s editorial policy, so that journalists and editors are free to work in the interest of the public in the Republic of Srpska and apply the recommendations of the Council of Europe on the obligations of public broadcasting and the availability of accurate, objective, plural and balanced information;
• In line with existing legislation on the Public Broadcasting System to Bosnia and Herzegovina, take appropriate steps to ensure that RTRS pays its fair and legally mandated contribution to the public broadcaster at state level BHRT.

Recommendations to state, entity and district authorities

• Immediately and definitively revoke any kind of regulation of journalistic reporting or other expressions based on their perceived veracity, including ‘fake news’ regulations, at any level of government in Bosnia;
• Ensure an inclusive, transparent, and human rights based approach in the development of any legislative initiatives that concern the rights to freedom of expression and freedom of information at any level of government in Bosnia;
• Promote proactive disclosure of government-held information and ensure a viable system of requests for information of public interest with narrowly construed exceptions and an effective appeal mechanism;
• Refrain from promulgating regulations that obstruct media and NGO work by creating excessive administrative requirements such as onerous reporting, registration, or public disclosure rules;
• Develop a national-level safety plan to advance media freedoms and protection of journalists, involving police and prosecutorial authorities, in cooperation with journalist associations, media groups and international organisations
• Publicly condemn, investigate, and prosecute any and all serious physical and verbal attacks on journalists and media outlets;
• Ensure an effective system of remedy and reparation for journalists who become victims of attacks;
• Uphold the fundamental principle that any regulation of the media should only be undertaken by bodies which are independent of the government, which are publicly accountable, and which operate transparently;
• Restore public trust in the media through providing support for professional and ethical reporting, especially with the introduction of media and information literacy in formal education and providing opportunities for training journalists on access to information, digital security or physical safety.
• Guarantee long-term and sustainable financing for the national and entity level public service broadcasters under the media law and provide professional support to journalists working within public media to cope with workplace stress;
• Guarantee editorial and institutional independence of public service media
• Ensure adequate financing for the Communication Regulatory Agency and strengthen the body’s independence by guaranteeing independent and fair elections of its board members based on strict professional criteria and relevant experience, rather than political considerations;
• Work with the BH Journalists Association to develop and pass national law on media ownership, including stronger regulations on the transparency beneficial ownership and the prevention of undue media concentration;
• Implement a new law overseeing the allocation of public advertising and all other forms of state subsidies to public service, commercial, and community media on strict criteria, to ensure transparent and equitable distribution based on clear market principles rather than political affiliation;
• Bolster independent and watchdog journalism and local media, establish a public fund for pluralistic journalism, administered on an annual basis by an independent body on a grant-basis, with a public database detailing the allocation of funding for journalistic projects on the basis of transparent, fair and neutral criteria.

Recommendations to the international community

• Closely coordinate and unify positions and strategies among international organisations based in Bosnia and Herzegovina to improve media freedom and journalists’ safety;
• Systematically stand in solidarity with attacked journalists and media outlets and support remedy and reparation options for the victims of attacks;
• Provide deeper support to independent quality journalism in Bosnia, including through grants, training, and media literacy programmes;
• Robustly use diplomatic leverage to uphold media freedom and freedom of expression in the country;
• Make media freedom and freedom of expression a top priority in the EU accession negotiations.

This statement was coordinated by the Media Freedom Rapid Response (MFRR), a Europe-wide mechanism which tracks, monitors and responds to violations of press and media freedom in EU Member States and candidate countries. 

Our organisations further warn that this aggressive rhetoric towards a member of the media, and indications of state monitoring of media, are the latest examples in a decades-long list of pressure by Dodik against journalists and independent media in the Republika Srpska, one of the two entities of Bosnia and Herzegovina.

As outlined following a recent mission to the country organised by the MFRR, this hostility towards critical journalism in Republika Srpska – particularly from Dodik himself – poses a threat to media freedom and is contributing to insecurity amongst the journalistic community.

The outburst against Mitrović, a reporter with channel N1 television, stemmed from a press conference on November 16 in which she had asked Dodik a question about his connections to a number of individuals recently arrested in a drug trafficking operation by police.

At the press conference, Dodik reacted aggressively and accused her television station N1 of lying, pursuing an “anti-Serbian narrative” and actively seeking to “destroy” Republika Srpska. He then grabbed the microphone out of her hand in an inappropriate manner and threatened the N1 team by telling them: “Do you think we don’t have a service that follows what you are doing?”.

After the event, Mitrović received a personal phone call from Dodik in which he shouted at her again and insulted her using curse words, N1 reported. Dodik told her he was unhappy at the news report which N1 had published about the press conference.

Our organisations condemn the threatening and dangerous language used by Dodik at both the press conference and that used during the phone call, which represents an unacceptable verbal attack on a professional journalist.

Unfortunately, this type of behaviour has continued with impunity for years. Dodik has repeatedly labelled critical journalists as traitors and enemies of the state, and made threats against them, including multiple verbal attacks on female journalists. When questioned about this rhetoric, government officials play down the matter. In reality, this language is aimed at isolating and discrediting those who continue to ask sensitive questions and hold power to account. It also normalises wider attacks on members of the press by citizens in Republika Srpska and beyond.

Our organisations support the BH Journalists Association in its consideration of legal options, including the possible filing of a criminal report. The suggestion that government entities are monitoring the work of N1 and potentially other independent media in the country must also be addressed with the utmost seriousness and a potential investigation.

The MFRR and SEEMO welcome the swift response of domestic and regional media associations in condemning the verbal attack against Mitrović and offering support. Our organisations stand behind Snezana Mitrović, her media outlet N1, and all those journalists in Republika Srpska who continue to carry out her public service mission and ask tough questions in an increasingly hostile climate.

We jointly call on Milorad Dodik to apologise publicly for his behaviour and to publicly commit to ensuring that all future communication with and about journalists will be conducted in a professional manner befitting the stature of the public office he holds.

This statement was coordinated by the Media Freedom Rapid Response (MFRR), a Europe-wide mechanism which tracks, monitors and responds to violations of press and media freedom in EU Member States and candidate countries.