KOMPARATIVNA PRAGMATIČKA ANALIZA UVREDE I KLEVETE I NJIHOVE PRAVNE REFLEKSIJE
COMPARATIVE AND PRAGMATIC ANALYSIS OF INSULT AND DEFAMATION AND THEIR LEGAL REFLECTIONS

Summary/Abstract: The honor and reputation of the personality are one of the significant social values. If we prevent individuals from protecting their personal dignity and reputation, we are essentially encroaching on basic human rights. Bosnia and Herzegovina has decriminalized defamation and insult through the adoption of the Law on Defamation. The basic features of crimes against honor and reputation were determined by criminal legislation in the early 19th century, when clearer boundaries between defamation and insult were established. Specifically, a number of theorists believe that punishment for defamation and insult in this way is uncivilized and undemocratic behavior that threatens the freedom of the media and ultimately violates basic human rights and freedoms. States should therefore approach democratic standards through the decriminalization of slander and insult. It is for the aforementioned reason that the paper deals with comparative analysis of defamation and insult legislation as well as its legal reflections. Furthermore, in practice, there are major problems in proving insult and defamation, so it is necessary to approach a pragmatic analysis of the terms used in the context of defamation. Namely, the defendant can defend himself by stating that "he did not mean it in that way", ie that he did not intend to achieve the stated legal consequence by his statement, and therefore we set out to establish the pragmatic goals of insult and defamation and their legal reflection.

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