Defamation and SLAPPs remain pressing legal tools used to silence criticism and stifle public debate. To address these challenges, a two-day training session dedicated to the promotion and protection of freedom of expression, with a specialised focus on the legal aspects of defamation and strategic lawsuits against public participation (SLAPPs), was held this week on Jahorina. The event brought together representatives from relevant ministries and agencies, the Communication Regulatory Agency of Bosnia and Herzegovina, Institution of the Human Rights Ombudsman, as well as BiH Association of Journalists and Centre for Investigative Journalism (CIN).
The training emphasised international standards, particularly the provisions of the European Convention on Human Rights and relevant recommendations from the European Union and the Council of Europe aimed at safeguarding freedom of expression and ensuring free access to information. A significant part of the discussion centred on strategies for preventing SLAPPs, which are frequently used as tools to stifle public discourse.
Under the guidance of Council of Europe experts, participants delved into the legal principles and practices surrounding defamation. They examined domestic legislation and analysed relevant case law from the European Court of Human Rights. Through practical exercises, attendees assessed real-life cases, applying the Court’s “balancing criteria” to determine whether statements were defamatory, evaluating their contribution to public interest debates, distinguishing between statements of fact and value judgments, and taking into account relevant contextual factors.
The training also provided an in-depth exploration of SLAPPs, covering their legal definitions and analysing the framework in place in Bosnia and Herzegovina and other countries, along with the EU and Council of Europe recommendations.
Participants left the training with a stronger grasp of how to balance freedom of expression with privacy and reputation rights. They reported feeling more confident applying international standards to defamation cases and preventing SLAPPs.
This initiative is part of a series of training activities designed to strengthen institutional capacities and foster an environment conducive to the protection of freedom of information.
The training was organised by the Division for Cooperation on Freedom of Expression as part of the project “Enhancing institutional capacities on freedom of expression and information in Bosnia and Herzegovina (EFEx)”, implemented by the Council of Europe and funded through the voluntary contribution of Sweden via the Swedish International Development Cooperation Agency (Sida).