SANCTIONING THE VIOLATION OF DECISIONS ON THE PROHIBITION OF STATING FAKE NEWS AND THE SPREAD OF PANIC RELATED TO THE COVID-19 VIRUS IN BOSNIA AND HERZEGOVINA - PROBLEM OF APPLICATION AND PROVING IN MISDEMEANOR PROCEEDINGS

  • Aleksandar Ivanović
Keywords: fake news, causing panic, COVID-19, misdemeanors, sanctions, proving

Abstract

The author deals with the sanctioning for violating decisions on the prohibition of stating false news and spreading panic related to the COVID-19 virus, adopted by the authorities in Bosnia and Herzegovina (BiH). In this regard, the author first points out the shortcomings of these decisions both in nomotechnical terms and in terms of non-compliance with the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHRFF). Through a review of several misdemeanor proceedings in which these decisions were applied, he tends to point out how the poor formulation of the provisions of these decisions created problems for the police in their application. Author wants to address the problem of proving the offences of stating and dissemination of fake news and spreading panic in misdemeanor proceedings in BiH, which is caused by inadequate regulation as well as lack of adequate training of police officers related to providing of evidence for spreading fake news.

References

1) Constitution of Bosnia and Herzegovina, (Annex IV of the General Framework Agreement for Peace in Bosnia and Herzegovina and "Official Gazette of BiH", No. 25/2009 - Amendment I).
2) Criminal Code of the Brčko District of Bosnia and Herzegovina ("Official Gazette of the Brčko District of BiH", No. 19/2020 - consolidated text)
3) Decree wiht legal force on the prohibition of causing panic and disorder during a state of emergency („Official Gazette of Republika Srpska ", No. 32, April 6, 2020).
4) Halilović, M. & Džihana, A. (2020). Ograničavanje prava na slobodu izražavanja u BiH u toku trajanja pandemije COVID-19.
5) https://mup.vladars.net/lat/index.php?vijest=23281&vrsta=novosti, Accessed on May 05, 2021.
6) Išerić, H. (2020). Koronavirus u pravnom porektu BiH: kratka dijagnoza bolesti, Sveske za javno pravo, br. 39, god. 11, Fondacija Centar za javno pravo, Sarajevo, 21-43.
7) Katsirea, I. (2019). “Fake news” reconsidering the value of untruthful expression in the face of regulatory uncertainity, Journal of Media Law, 10 (2), Taylor & Francis, 159-188.
8) Law on Public Order and Peace of the Brčko District of Bosnia and Herzegovina ("Official Gazette of the Brčko District of BiH", No. 32/2009 and 14/2010 - corr.).
9) Order on prohibiting public disclosure and transmission of false information related to the corona virus ("Official Gazette of the Brčko District of BiH", No. 15/2020).
Published
2021-11-26
Section
Criminalistic and Criminal Justice Aspects in Solving and Proving of Criminal Of