Regulation of Harmful Content Online in Bosnia and Herzegovina: Between Freedom of Expression and Harms to Democracy
Sarajevo: Mediacentar;UNESCO (2022), 108 pp.
Contains bibliogr. pp. 98-108
ISBN 978-9958-584-40-4
"The study specifically focuses on five types of harmful content: a) hate speech and hate narratives; b) denials of war crimes and glorification of war criminals; c) ethno-nationally and/or politically biased media reporting; d) disinformation; and e) attacks, threats and smear campaigns against individuals. After giving overviews of the five types of harmful content, their targets and consequences, the following chapters are dedicated to the legislative, regulatory and self-regulatory frameworks for the five types of harmful content, how effectively they are used online, what the major obstacles are in their implementation and to what extent they are aligned with international standards. The study also addresses the practices of the courts, the Communications Regulatory Agency of Bosnia and Herzegovina, the Press Council of Bosnia and Herzegovina and other relevant actors in countering harmful content. The final parts of the study are dedicated to the community guidelines of social networks and examples of frameworks in other countries. The scope of harmful content online in Bosnia and Herzegovina is worrying and calls for a comprehensive response. The study emphasizes the need to safeguard freedom of expression and to find responses and practices that are aligned with international human rights law and that do not chill or censor online speech or discourage the flow of diverse sources of information and opinions." (Executive summary)
1. INTRODUCTION, 10
2. TERMINOLOGY AND DEFINITIONS, 14
3. METHODOLOGY, 20
4. THE INFORMATION SYSTEM IN BIH - AN OVERVIEW, 24
5. HARMFUL CONTENT: TYPES, CONSEQUENCES AND TARGETS, 30
Hate speech and hate narratives -- Denials of war crimes and glorification of war criminals -- Ethno-nationally and politically biased media reporting -- Disinformation -- Attacks, threats and smear campaigns against individuals
6. REGULATION OF HARMFUL CONTENT, 38
Regulation of hate speech, 40
Prohibition of condoning, denial and justification of crimes of genocide, crimes against humanity and war crimes, 47
Regulation of disinformation, 50
Regulation of ethno-nationally and/or politically biased reporting, 54
Regulation of threats, attacks and smear campaigns, 57
Other mechanisms - the Institution of the Human Rights Ombudsman, 59
7. SELF-REGULATION AND MONITORING OF HARMFUL CONTENT, 62
The Press Council of Bosnia and Herzegovina -- Civil society and international organizations -- Online media -- Recommendations
8. COMMUNITY GUIDELINES OF SOCIAL NETWORKS AGAINST HARMFUL CONTENT, 70
Overview of community guidelines of social networks -- Facebook -- Instagram -- YouTube -- Twitter -- TikTok
9. EXAMPLES OF REGULATIONS OF HARMFUL CONTENT FROM EU COUNTRIES
Network Enforcement Act -- Communications Platform Act -- The Digital Services Act -- The EU Code of conduct on countering illegal hate speech online
10. ADDITIONAL INITIATIVES TO INFLUENCE SOCIAL MEDIA CONTENT MODERATION
The Santa Clara Principles -- The Christchurch Call -- The Manila Principles on Intermediary Liability -- Social media councils
11. CONCLUSION AND RECOMMENDATIONS, 90
2. TERMINOLOGY AND DEFINITIONS, 14
3. METHODOLOGY, 20
4. THE INFORMATION SYSTEM IN BIH - AN OVERVIEW, 24
5. HARMFUL CONTENT: TYPES, CONSEQUENCES AND TARGETS, 30
Hate speech and hate narratives -- Denials of war crimes and glorification of war criminals -- Ethno-nationally and politically biased media reporting -- Disinformation -- Attacks, threats and smear campaigns against individuals
6. REGULATION OF HARMFUL CONTENT, 38
Regulation of hate speech, 40
Prohibition of condoning, denial and justification of crimes of genocide, crimes against humanity and war crimes, 47
Regulation of disinformation, 50
Regulation of ethno-nationally and/or politically biased reporting, 54
Regulation of threats, attacks and smear campaigns, 57
Other mechanisms - the Institution of the Human Rights Ombudsman, 59
7. SELF-REGULATION AND MONITORING OF HARMFUL CONTENT, 62
The Press Council of Bosnia and Herzegovina -- Civil society and international organizations -- Online media -- Recommendations
8. COMMUNITY GUIDELINES OF SOCIAL NETWORKS AGAINST HARMFUL CONTENT, 70
Overview of community guidelines of social networks -- Facebook -- Instagram -- YouTube -- Twitter -- TikTok
9. EXAMPLES OF REGULATIONS OF HARMFUL CONTENT FROM EU COUNTRIES
Network Enforcement Act -- Communications Platform Act -- The Digital Services Act -- The EU Code of conduct on countering illegal hate speech online
10. ADDITIONAL INITIATIVES TO INFLUENCE SOCIAL MEDIA CONTENT MODERATION
The Santa Clara Principles -- The Christchurch Call -- The Manila Principles on Intermediary Liability -- Social media councils
11. CONCLUSION AND RECOMMENDATIONS, 90
