The mass media of Bosnia and Herzegovina refers to mass media outlets based in Bosnia and Herzegovina (BiH). Television, radio, magazines and newspapers are all operated by both state-owned and for-profit corporations which depend on advertising, subscription, and other sales-related revenues. The Constitution of Bosnia and Herzegovina guarantees freedom of speech, although political and business pressures - coupled with administrative fragmentation - still hinder the independence of journalists and media outlets.Freedom House, Press Freedom report 2015, Bosnia and Herzegovina
As a country in transition with a post-war legacy and a complex domestic political structure, Bosnia and Herzegovina's media system is under transformation. In the early postwar period (1995–2005), media development was guided mainly by international donors and cooperation agencies, who invested to help reconstruct, diversify, democratize and professionalize media outlets.Hozić, 2008; Thompson & De Luce, 2002; Kurspahić, 2003; Jusić, 2006Tarik Jusić, "Bosnia and Herzegovina ", EJC Media Landscapes
Post-war developments included the establishment of an independent Communication Regulatory Agency, the adoption of a Press Code, the establishment of the Press Council, the decriminalization of libel and defamation, the introduction of a rather advanced Freedom of Access to Information Law, and the creation of a Public Service Broadcasting System from the formerly state-owned broadcaster. Yet, internationally backed positive developments have been often obstructed by domestic elites, and the professionalisation of media and journalists has proceeded only slowly. High levels of partisanship and linkages between the media and the political systems hinder the adherence to professional code of conducts.
History
During the war in Bosnia and Herzegovina, most media became propaganda tools of the authorities, armies, and factions - with the exception of Sarajevo's Oslobodjenje. Since then, efforts have been made - with limited success - to develop media which bridge ethnic boundaries.
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.Elda Brogi, Alina Dobreva, and Pier Luigi Parcu, "Freedom of Media in the Western Balkans", study for the European Parliament's Subcommittee on Human Rights, October 2014, EXPO/B/DROI/2013/16 Freedom of expression and media freedom is guaranteed by the entity constitutions too.Art.1(l) of the Federation of BiH Constitution, and Art 25 and 26 of the RS Constitution.
Other relevant laws are the Law on Protection from Defamation,Official Gazette RS No. 37/01, Official Gazette FBiH No. 31/01 which regulates libel and defamation, and the Law on Communications.Official Gazette BiH No. 33/02, 12 November 2002 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 independently in their environment, in 1999 the High Representative passed the Decision on Freedom of Information and the abolition of criminal penalties 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,CRA Rule No. 21/2003 as referred by the Communications Law, to prevent cross-ownership concentration. The Competition Law provides further rules on market concentration.Jusić, Tarik, 2006, The Media in a Democratic Society, in Srdjan Dizdarevic et al., (ed.); Democracy Assessment in Bosnia and Herzegovina, Open Society Fund Bosnia and Herzegovina.
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.Articles 6, 7 and 8, Law on Freedom of Access to Information in BiH In practice, though, the process can be cumbersome and discourage journalists from requesting official information.
The Law on the Public Broadcasting Service System of Bosnia and HerzegovinaOfficial Gazette of Bosnia and Herzegovina, no. 78/05 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,Official Gazette of Bosnia and Herzegovina, no. 92/05 the Law on the Radio Television of Federation of BiH – RTVFBiH Official Gazette of the Federation of Bosnia and Herzegovina, no. 01-02-401/08 and the Law on the Radio Television of Republika Srpska – RTRS Official Gazette of Republika Srpska, no. 49/06
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 minors in the context of advertising and sponsorship. Despite 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.Official Gazette BiH No. 23/2001 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
Status of journalists
Professionalism and quality journalism are rare in Bosnia and Herzegovina. Journalists receive relatively lower salaries, despite holding higher degrees, and these are often not paid regularly due to financial difficulties of media outlets. Work overload and time pressure pushes journalists to present unsupported evidence or use unreliable sources. Online media also often fail to respect copyright standards. Many journalists work without proper work contracts, often hired to work regular working hours, or even longer, without having their health care and pension funds covered.
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."Bosnia and Herzegovina", Country Reports on Human Rights Practices for 2012, Bureau of Democracy, Human Rights and Labor, U.S. Department of State, 22 March 2013. Retrieved 30 January 2014. 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.BiH Law on Communications, Article 36 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.BiH Law on Communications, Article 40 The CRA has executive powers to enforce regulations, and is financially independent.Law on Financing of Institutions of Bosnia and Herzegovina, Official Gazette BiH, 29 December 2004 Its decisions are generally seen as fair.
The CRA Director-General is appointed by the CRA Council and approved by the Council of Ministers of BiH. Due to political dispute, the agency has been without a director for the last seven years. A draft bill put forward by the BiH government in 2014, which would reduce the authority of the CRA, has given rise to concerns.
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 of BiH 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, but it cannot impose sanctions in terms of fines, suspensions, or closure. Its mediation often leads to a retraction or a response. 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.
Media outlets In 2014 Bosnia and Herzegovina had eight daily newspapers (mostly private), 189 weekly or monthly newspapers and magazines, 142 radio stations, 43 television stations, and eight news agencies. Yet, many citizens cannot afford access to multiple sources.
Bosnian-Herzegovinian outlets are often partisan and affiliated to different ethnic and political groups. The economic recession has worsened their dependence on political and commercial interests, fostering self-censorship. The government of Republika Srpska keeps directly subsidizing pro-governmental outlets, while many local media receive funds from local authorities. Community media are legally barred from receiving advertising revenues, thus stifling their development. Ownership structure of media outlets is often obscure.
Print media