User:Anna zanoni/sandbox

Legislative framework
Freedom of expression and freedom of the media in Bosnia and Herzegovina are guaranteed by the Constitution, the European Convention on Human Rights and other international human rights conventions that are directly integrated in Bosnia and Herzegovina's constitutional order.

Other relevant laws are the Law on Protection from Defamation, which regulates libel and defamation, and the Law on Communications. Due to the failure of authorities in both Republika Srpska and the Federation of Bosnia and Herzegovina to ensure the creation of the necessary legal framework that would enable journalists to work professionally and indipendently in their environment, in 1999 the High Representative passed the Decision on Freedom of Information and the abolition of criminal penalities for insult and defamation. Defamation was decriminalised in Bosnia and Herzegovina in 2002.

Law on Communications is the general legal framework for the broadcasting and telecommunications industry, which establishes the Communications Regulatory Agency (CRA) as the independent state agency that regulates broadcasting and telecommunication sectors.

The law provides for freedom of speech and press; however, the government does not always respect press freedom in practice. The Federation of Bosnia and Herzegovina law prohibits hate speech. The Republika Srpska law does not specifically proscribe hate speech, although the law prohibits causing ethnic, racial, or religious hatred. Independent analysts note a continuing tendency of politicians and other leaders to label unwanted criticism as hate speech. The law prohibits arbitrary interference with privacy, family, home, or correspondence, and the government generally respects these prohibitions in practice.

The Communications Law also regulates media concentration and ownership issues. The CRA has adopted a Rule on Media Concentration and Cross-ownership, as referred by the Communications Law, to prevent cross-ownership concentration. The Competition Law provides further rules on market concentration.

The BiH law on Freedom of Access to Information is rather advanced and grants public access to all information held by public institutions, with exceptions only to protect information with a particularly negative effect on defence, public security, monetary policy, or privacy of third-parties.

The Law on the Public Broadcasting Service System of Bosnia and Herzegovina regulates the overall functioning of the system and the relations between its components, and is complemented by other state- and entity-level laws: the Law on Public Broadcasting Service of Bosnia and Herzegovina - BHRT, the Law on the Radio Television of Federation of BiH – RTVFBiH and the Law on the Radio Television of Republika Srpska – RTRS

The Broadcasting Code of Conduct of the Communications Regulatory Agency provides standards for programming, requiring radio and TV stations to “demonstrate impartiality in their reporting, professionalism and equal representation of all social groups and different positions and opinions, with no discrimination on any grounds.“ The laws regulating public broadcasters foresee similar standards.

The CRA has also adopted a Code on Audio-Visual and Radio Media Services, by which to measure the application of the licence terms, and an Advertising and Sponsorship Code, that regulate the protection of children and minors in the context of advertising and sponsorship. Despite of these codes, there are still concerns about the proper following of professional standards.

The BiH Electoral Commission has adopted in 2005 the Rules on Media Presentation of Political Subjects in the Election Period, as required by BiH Electoral Law. These rules set the standards for the coverage of electoral campaigns and require broadcasters to provide factual, complete, honest, fair and impartial information, and to treat political competitors equally and impartially.

There is no registrar of on-line media in Bosnia Herzegovina and they do not require an operating licence. In the last years, the Press Council in BIH has committed itself to drafting a regulation in this area that would be based on the principle of self-regulation. In 2013, the Ministry of Communication started to draft a New Media Law, including the regulation of the internet and online media. This initiative raised some concerns, as it was expected to include limitations such as permits and licences

Regulatory authorities
The Communications Regulatory Agency (CRA) is charged with regulating the country's radio and television media, as established by the Law on Communications. The CRA is an independent agency, tasked with the regulation of radio and TV broadcasting and telecommunications networks; licensing; radio frequency spectrum allocation, and developing and enforcing rules and regulations within the communications market. The Law on Communications guarantees its independence and prevents Council of Ministers, individual ministers, or any other person to influence its decisions. Moreover, state officials on all levels of government, members of political party bodies, and those linked to telecommunications operators or electronic media, are barred from being appointed as CRA Director General. The CRA is financed according to the Law on Financing of Institutions of Bosnia and Herzegovina

Self-regulatory bodies
Editorial policy and contents of BiH media are not regulated. Self-regulation on ethical and professional principles is provided by the Press Code.

The Press Council has been established as an independent, non-governmental, non-political self-regulatory body, comprising all journalists' associations and responsible for self-regulation of online and print media content. It aims to solve disputes among media and readers through professional tools such as the right to response, correction, apology and rebuttal. It cannot impose sanctions. In 2012 the Press Council considered 176 complaints alleging inaccurate or libelous reporting by print and online media (103 for print and 73 for online media), accepting 35 as valid and rejecting 19 as unfounded.