Заштита личности од клевете
Protection of Personality Against Defamation

Author(s): Branko Morait
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Civil Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Defamation; Fine;Damages; Criminal law; Civil law;
Summary/Abstract: Twenty years ago, defamation was decriminalized in the Republic of Srpska. During that time, a civil lawsuit was successfully prosecuted against a person who defamed another. Defamation was once decriminalized through the lex specialis, the Law on Protection from Defamation. The political will necessitated initiating and completing the legislative procedure in 2023 to return the criminal offense of defamation to the criminal law codification system, the Criminal Code of the Republic of Srpska, be initiated and completed. Violent reactions from journalist associations, non-governmental organizations and representatives of the "international community" failed to stop the criminalization of defamation. The protest campaign achived relative success by reducing defamation fines in relation to the Draft Law on names and amendments to the Criminal Code of the Republic of Srpska. Consequently, the legal consequences of a conviction cannot occur when a fine has been imposed for a criminal offence.

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