Regulating harmful online content: Coming up with responses that do not curb the freedom of expression

The study was done under Social Media 4 Peace project, funded by the European Union and implemented by UNESCO, aimed to strengthen societal resilience to potentially harmful content spreading online, while safeguarding freedom of expression and promoting peace through digital technologies, social media in particular.

Freedom of expression is a universal human right of every individual, said in his address the Head of the UNESCO Office Siniša Šešum, noting that at the same time freedom of expression comes with great responsibility for each of us.

“Unfortunately, as in many other parts elsewhere around the world, in Bosnia and Herzegovina, freedom of expression is often used as a license, a clearance to promote harmful content, hate speech and, regrettably, it is weaponised against the highest values ​​of this country, meaning cultural diversity,” said Šešum. The report, he added, as prepared by Mediacentar Sarajevo is another stark reminder to the public that the use of social networks and media implies social responsibility, which, as he noted, is not always visible in BiH.

At the presentation of the study, Jurgis Vilčinskas, Acting Deputy Head of the European Union Delegation, underscored that everyone has a role to play in preventing harmful online content, while at the same time freedom of expression should be guaranteed. Public figures must refrain from inciting fear and divisions for political purposes on online platforms, and law enforcement agencies and other relevant bodies must do their job more effectively, Vilcinskas stressed.

“Bosnia and Herzegovina must increase society’s resilience to harmful online content by investing in media and digital literacy programmes, supporting fact-checking, developing legislation in line with international standards, and supporting research,” Vilcinskas said. In his words, BiH lacks a strategy and action plan to combat misinformation that would bring together various stakeholders such as governments, NGOs, regulators, self-regulators and academia.

The study focuses on five types of harmful online content, hate speech and hate narratives, denial of war crimes and glorification of war criminals, ethnonational and/or politically biased media reporting, disinformation, and attacks, threats and discrediting campaigns against individuals.

“Illegal content and potentially harmful content must be distinguished. Law enforcement and the judiciary must deal with illegal content at source, yet self-regulation can help curb the circulation of illegal content. Potentially harmful content should be addressed through filtering tools and evaluation mechanisms, as well as by promoting awareness and encouraging self-regulation,” said Anida Sokol, a researcher with Mediacenter Sarajevo, who presented the study.

The presentation of the study was followed by a panel discussion joined by Azra Maslo, Head of the Sector for Programme Content and Complaints with the Communications Regulatory Agency of BiH, Maida Bahto Kestendžić, Project Coordinator of the Press and Online Media Council in BiH, Bojana Kostić, Media Expert, Lejla Gačanica, Legal Expert and Mladen Lakić, member of the Fact-Checking Team, Citizens’ Association Why not/Zašto ne.

Publication in local language found here.