How should courts respond when journalists face violence, threats or legal pressure because of their work? This was at the centre of discussions among judges from across Bosnia and Herzegovina at a Council of Europe workshop focused on judicial protection of journalists and media freedom.

The workshop brought together judges to examine relevant Council of Europe standards and the case law of the European Court of Human Rights was presented with a particular focus on the obligations of the competent authorities in cases of violence, threats and other forms of pressure against journalists. Participants also discussed domestic judicial practice and experiences in applying freedom of expression standards in cases concerning the protection of journalists and journalistic work. Particular attention was given to the requirements arising from the Court’s case law in cases of violence or threats against journalists. Participants examined the importance of establishing whether an attack may be linked to a journalist’s professional activities. The European Court of Human Rights has stressed that failing to examine such a possible link can result in an investigation being considered incomplete, even where other investigative measures have been carried out. The discussions also addressed the need to combat impunity by establishing responsibility for attacks, including, where there are grounds to do so, identifying those who ordered or instigated an attack and other persons responsible.

A particular part of the workshop focused on Strategic Lawsuits Against Public Participation (SLAPP), i.e. legal proceedings that may have the effect of burdening or discouraging journalistic work and participation in public debate. Participants discussed the role of courts in identifying such proceedings, as well as the importance of applying freedom of expression standards and protecting public debate. The seminar provided an opportunity for judges to exchange practical experiences and discuss how European standards and domestic judicial practice can be applied to strengthen the protection of journalists and media freedom in Bosnia and Herzegovina.

This activity was organised as part of the action “Protecting freedom of expression and of the media in Bosnia and Herzegovina (PRO-FREX)”, implemented under the European Union and Council of Europe’s joint programme “Horizontal Facility for the Western Balkans and Türkiye.”