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
Keywords:
fake news, causing panic, COVID-19, misdemeanors, sanctions, provingAbstract
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
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.
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