Mediation of the self-regulatory and regulatory body before the court proceeding is still an inadequately utilised potential in Bosnia and Herzegovina’s legal framework, in terms of protection of freedom of expression, especially in libel and defamation cases. Enhancement of the mediation and requesting the satisfaction for the libel in pre-court proceeding in the processes of self-regulation and regulation, in accordance with the democratic standards and principles, will inevitably enhance the freedom of expression. This was one of the most important conclusions of the inter-professional seminar organised within the joint programme of EU and Council of Europe, “Reinforcing Judicial Expertise on Freedom of Expression and Freedom of the Media in South East Europe” (JUFREX).

The average length of court proceedings in courts in BiH, when it comes to libel and defamation cases, is 5 years, according to one of the presenters at the seminar Sanela Gorusanovic Butigan, Judge of Sarajevo Municipal Court. This is too long time to wait for the moral satisfaction, publishing of the corrections and possibly apologies stemming from the self-regulation, which is true for most of the cases. Therefore, in these cases the mediation and self-regulation is the most adequate response. Alexander Warzilek, the executive director of Press Council of Austria, presented the positive experience of the Austrian Press Council.

The participants at the event were representatives of media and judiciary. They debated on concrete cases of breach of professional journalism standards. The most important proposal on how to improve the practice of the defamation protection was to explore and exploit the mediation prior to ending up on the court. The event was organised by the BiH Press Council in cooperation with the Council of Europe.

This event was implemented with the financial assistance of the European Union and the Council of Europe. The views expressed herein can in no way be taken to reflect the official opinion of the European Union.