Suing to Silence: Lawsuits Used to Censor Bosnian Journalists

Jasarspahic won the case, but the damage was done. Dozens of other journalists face similar challenges every year, sued for their reporting mainly by public officials in what media bodies say is a strategy of censorship, bogging down reporters in lengthy, costly court proceedings that make many think twice about digging into the affairs of prominent people.

According to an analysis conducted by the Bosnia mission of the Organisation for Security and Cooperation in Europe, OSCE, 80 per cent of cases were brought by public officials, ignoring the principle often cited by courts that such officials submit to a higher degree of public scrutiny and criticism.

This "should not be the case," said Kathleen Kavalec, head of the OSCE mission. "Because these are exactly the individuals who should be open to public scrutiny and journalists who are doing their jobs, holding them accountable to the citizens who voted for them."

The analysis found that 30 per cent of those cases dragged on for more than five years, prolonging the pressure on reporters and their media outlets.

Defamation suits are being "misused to prevent journalists from investigating certain topics or certain individuals," said Sinisa Vukelic, director of the business portal Capital and a member of the Journalists' Club of Banja Luka in northern Bosnia.

Lawsuits as 'intimidation'

Adnan Jasarspahic, journalist. Photo: BIRN

In Jasarspahic's case, Babic filed the suit even without first seeking a retraction. Jasarspahic said his article on Visoko.co.ba had simply stated the facts, as did the eventual verdict in his favour handed down by the Zenica Cantonal Court.

"You are a public figure, you spend public money, you exist in public...

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