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Integrity Scorecard

2009 Assessment

Bosnia and Herzegovina: Integrity Indicators Scorecard

Bosnia and Herzegovina: Integrity Scorecard Report > Sub-Category: Media
Indicators		Score
5	Are media and free speech protected?	100
6	Are citizens able to form print media entities?	88
7	Are citizens able to form broadcast (radio and TV) media entities?	75
8	Can citizens freely use the Internet?	100
9	Are the media able to report on corruption?	50
10	Are the media credible sources of information?	55
11	Are journalists safe when investigating corruption?	67

Indicator and sub-Indicator Details

Are media and free speech protected?

5a: In law, freedom of the media is guaranteed.

Score:

YES

Comments:

References: Annex 4 of the General Framework Agreement for Peace in Bosnia and Herzegovina, representing the constitution of the country

BiH Law on Communications, Official Gazette BiH No. 33/02

5b: In law, freedom of speech is guaranteed.

Score:

YES

Comments:

References: Constitution of Bosnia and Herzegovina, Annex IV of the Dayton Peace Agreement

BiH Law on Communications, Official Gazette BiH No. 33/02

Are citizens able to form print media entities?

6a: In practice, the government does not create barriers to form a print media entity.

Score:

100

Comments:

References: IREX: The Media Sustainability Index (MSI) 2009 Bosnia and Herzegovina [ LINK ] 2008 Human Rights Report: Bosnia and Herzegovina BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND LABOR Released on Feb. 25, 2009 [ LINK ]

6b: In law, where a print media license is necessary, there is an appeals mechanism if a license is denied or revoked.

Score:

YES

Comments:

References: No print license is necessary.

6c: In practice, where necessary, citizens can obtain a print media license within a reasonable time period.

Score:

100

Comments: No print license is necessary, but process of formal registration could takes more than two months.

6d: In practice, where necessary, citizens can obtain a print media license at a reasonable cost.

Score:

100

Comments:

Are citizens able to form broadcast (radio and TV) media entities?

7a: In practice, the government does not create barriers to form a broadcast (radio and TV) media entity.

Score:

100

Comments:

Peer Review Comments: "Local and regional public electronic media are most dependent on the government, financed directly from the budgets of municipalities and cantons. Those connections to the government raise questions about objectivity among the broadcasters of the Public RTV system. Members of the RS opposition often claim that RTRS expresses mainly the interests of the ruling party. For example, during the assembly discussion on the 2007 Report on the Operation of RTRS, opposition delegate Dusan Stojicic accused the RTRS of becoming a service for incumbent authorities and the RS government. We will find a way to pull RTRS out of the claws of the ruling party, he said" (IMEX report).

7b: In law, where a broadcast (radio and TV) media license is necessary, there is an appeals mechanism if a license is denied or revoked.

Score:

YES

Comments: The COMMUNICATIONS REGULATORY AGENCY is authorized to license broadcasters and telecommunications operators pursuant to the provisions of the Law on Communications, and monitor their compliance with license condition. In deciding upon appeals against decisions of the director general, the Council of the Agency shall act pursuant to the Law on Administrative Procedures of Bosnia and Herzegovina, and shall make a full review of the appealed decision. Appeals against the decisions of the director general shall not suspend the effectiveness thereof. Decisions of the Council of the Agency shall be final and binding in administrative procedure. Legal review of the decision can be initiated before the State Court of Bosnia and Herzegovina.

References: Law on Communications, Official Gazette BiH No. 33/02

Peer Review Comments: Also see: [ LINK ].

7c: In practice, where necessary, citizens can obtain a broadcast (radio and TV) media license within a reasonable time period.

Score:

100

Comments:

Peer Review Comments: Only legal entities (such as companies, businesses, etc.) who fulfill all of the criteria that is required can obtain a broadcasting license.

www.rak.ba

7d: In practice, where necessary, citizens can obtain a broadcast (radio and TV) media license at a reasonable cost.

Score:

100

Comments:

Peer Review Comments: The Agency makes public calls for distribution of RTV frequencies. All information, including the application pack and guidelines, can be downloaded from the Agency website.

The cost of an FM frequency application in 200 KM (US$145) (in comparison with an average BiH salary of 758 KM [US$546]).

www.rak.ba

Can citizens freely use the Internet?

8a: In practice, the government does not prevent citizens from accessing content published on-line.

Score:

100

Comments:

References: 2008 Human Rights Report: Bosnia and Herzegovina BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND LABOR Released on Feb. 25, 2009 [ LINK ]

8b: In practice, the government does not censor citizens creating content on-line.

Score:

100

Comments:

References: 2008 Human Rights Report: Bosnia and Herzegovina BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND LABOR Released on Feb. 25, 2009 [ LINK ]

Are the media able to report on corruption?

9a: In law, it is legal to report accurate news even if it damages the reputation of a public figure.

Score:

YES

Comments:

References: Annex VI to the General Framework Agreement for Peace in BiH

Law on Protection from Defamation

9b: In practice, the government or media owners/distribution groups do not encourage self-censorship of corruption-related stories.

Score:

100

Comments: The most alarming situation with regards to media freedoms is in RS, where almost all the media, including the public broadcasting service, are controlled by the RS government and the ruling party, with the exception of one daily newspaper. What is more, the most blatant form of censorship in RS is imposed against the print and electronic media from FBiH. For instance, it is not possible to watch the FBiH public broadcasting service in RS when news and current affairs programs are aired, while print media from FBiH are very often impossible to buy in RS.

9c: In practice, there is no prior government restraint (pre-publication censoring) on publishing corruption-related stories.

Score:

100

Comments: "Political pressures on state-level media institutions continued. Both Bosnia-Herzegovina Radio Television (BHRT) and the CRA were exposed to frequent political attacks, particularly by RS officials, often alleging a lack of impartiality. In the case of the BHRT, the attacks appeared aimed at undermining the state-level public broadcasters and building support for devolving media competencies from the state to the entity level. Other public broadcasters remained vulnerable to political influence as well. Two public broadcasters, Federation Television (FTV) and Radio Television of Republika Srpska (RTRS), remained the largest television broadcasters in the country. RTRS reported predominantly pro-RS ruling party views." 2008 Human Rights Report: Bosnia and Herzegovina BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND LABOR

Are the media credible sources of information?

10a: In law, print media companies are required to publicly disclose their ownership.

Score:

YES

Comments:

References: Framework law on Single Business Registration in Bosnia and Herzegovina, Official Gazette of BiH No. 42/04

Law on Enterprises, Official Gazette of Republic Srpska, No.24/98, 62/02, 66/02, 38/03, 97/04

Law on Registration of Business Entities, Official Gazette of Republic Srpska, No.42/05

Law on Business Companies, Official Gazette of Federation BiH, No. 23/99, Amendments Nos. 45/00, 2/02, 6/02, 29/03

10b: In law, broadcast (radio and TV) media companies are required to publicly disclose their ownership.

Score:

YES

Comments:

References: BiH Law on Communications, Official Gazette BiH No. 33/02

10c: In practice, journalists and editors adhere to strict, professional practices in their reporting.

Score:

100

Comments: A significant number of media are under the control of criminal groups who use the media for blackmail and extortion. Last year TI-BiH was a target of such media who had close links with the government of RS. The medium featured a series of obscure and libelous articles placing TI-BiH in the context of organized crime. Legal action brought by TI BiH against the said medium has not yet been solved.

Peer Review Comments: Journalists and editors tend to be more professional than the managers and governing bodies of the major state broadcasters. In their reporting, if they are given a chance and air time, they produce some good quality programs. A notable example is controversial TV program "60 minutes," by Mr. Bakir Hadziomerovic. Mr. Hadziomerovic's program exposes corruption and irregularities involving public companies, government bodies and political figures. He received several threats to his life during 2009 and is under constant police protection.

10d: In practice, during the most recent election, political parties or independent candidates received fair media coverage.

Score:

100

Comments:

10e: In practice, political parties and candidates have equitable access to state-owned media outlets.

Score:

100

Comments:

Are journalists safe when investigating corruption?

11a: In practice, in the past year, no journalists investigating corruption have been imprisoned.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no journalists imprisoned related to work covering corruption during the study period. A YES score is positive. NO: A NO score is earned if any journalist was jailed because of his/her work covering corruption during the study period. The causal relationship between the official charges and the journalist\'s work may not be explicit, however the burden of proof here is low. If it seems likely that the journalist was imprisoned due to his or her work, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments:

11b: In practice, in the past year, no journalists investigating corruption have been physically harmed.

Score:

YES

Comments: The number of threats against journalists dramatically increased. During 2008 the Free Media Help Line (a part of the Bosnian Journalists Association) registered 54 cases involving violations of journalists' rights and freedoms and pressure from government and law enforcement officials. There were 17 cases of pressure on and threats to journalists, 13 physical assaults on journalists.

11c: In practice, in the past year, no journalists investigating corruption have been killed.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no documented cases of journalists being killed because of their work covering corruption-related issues during the study period. A YES score is positive. NO: A NO score is earned if there were any documented cases where a journalist was killed in relation to his or her work covering corruption-related issues in the study period. The relationship between a mysterious death and an individual\'s work may not be clear, however the burden of proof here is low. If it is a reasonable guess that a person was killed in relation to his or her work on corruption issues, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments:

Peer Review Comments: There have been threats to the staff members of TI-BiH.