Mr. Z. J. - portal Dnevniavaz.ba, 03.04.2012

Number: 238-02/12
Date: Sarajevo, 21.04.2012

ADJUDICATION

of the Complaints Commission of the Press Council in Bosnia and Herzegovina

regarding the complaint of Z.J. about the comment under the article "The Commando is Protecting Himself With UNPROFOR's List: Only 1,600 Srebrenicians Were Missing",

published on the portal www.dnevniavaz.ba 03.04.2012

COMPLAINT UPHELD

as an indication to comments which contain hate speech,

in compliance with the campaign “You Are Not Invisible”.

The Complaints Commission of the Press Council in BiH, according to its responsibility, will react further, contact SIPA and seek their intervention

The Complaints Commission of the Press Council in BiH considered the complaint of the person signed as Z.J. (the full name of the complainant is known to the Press Council), regarding the article "The Commando is Protecting Himself With UNPROFOR's List: Only 1,600 Srebrenicians Were Missing“, published on the portal www.dnevniavaz.ba 03.04.2012.

Being that visitors' comments are in question, which do not pertain to the professional Code and are not a form of journalism, the Adjudication on the comments' contents is not subject to analysis by the Press Code of BiH

However, web portal visitors who post comments with hate speech are susceptible to criminal prosecution, because they encourage intolerance and incitement, the same also applies to comments which contain threatening messages: Criminal Code of BiH: XV - Heading Fifteen, Criminal acts against human and citizens’ freedoms and rights. Criminal Code of FBiH and Criminal Code of RS: XVII - Heading Seventeen, criminal acts against human and citizens’ freedoms and rights.

The editor of the portal is OBLIGATED to erase such comments, and to ban those who post them for a certain time period or to completely revoke their right to comment articles.

Explanation:

A citizen signed as Z.J. turned to the Press Council in BiH, regarding the comments published on the portal www.dnevniavaz.ba under the article "The Commando is Protecting Himself With UNPROFOR's List: Only 1,600 Srebrenicians Were Missing", from 03.04.2012.

The complaint regards comment of visitors under the nicks: sakal, Hrga Hrdzanovic, qwertz asdfghjki i zijad zukanovic.

- sakal, 03.04.2012

„acquit them all and bury them alive;))“

-Hrga Hrdzanovic, 03.04.2012

„put them all on the fire so they burn alive“

- qwertz asdfghjki, 03.04.2012

„Remember and get back, pour gasoline on them and burn them“

- zijad zukanovic, 03.04.2012

„All Serbs need to be burnt, so they start burning from the head...“

The Complaints Commission of the Press Council in BiH reminds that the editorial staff is OBLIGATED to erase such comments, and to ban those who post them for a certain time period or to completely revoke their right to comment articles.

The editor of the portal is responsible for the journalistic and editorial content of the portal; he is not professionally responsible for the content of the comments of irresponsible anonymous visitors in the time they post them under an article. However, the editor is obligated to remove such comments from his portal.

By not removing the comments of inappropriate content and by allowing them to stay on the portal, the editor becomes responsible for their content.

The Complaints Commission of the Press Council in BiH calls all citizens to report to the police the comments which, through hate speech, call for discrimination and incitement, attacks and lynches, so their IP address can be discovered and the persons who post such comments can be prosecuted.

Campaign “YOU ARE NOT INVISIBLE!”

With the goal of preventing the spread of hate speech and defamation through anonymous comments of internet portal visitors, the Press Council in BiH, with the support of the police, judiciary and the courts, has begun the action “You Are Not Invisible!” Anonymity does not mean that a person cannot be identified and prosecuted if determined is the spread of hate speech, incitement, threats and the calls for lynching. The campaign “You Are Not Invisible!” implies the identification of IP addresses and the prosecution of persons who through inciting comments and the spread of hate speech disturb the public, cause damage to individuals and especially cause damage to the professional reputation of internet portals.

It is in the interest of the portal editor to cooperate in the identification of such persons, due to the protection of his or her professional news content.

It is the public interest and the citizens’ interest to have as many good, reliable and professional media and sources of information at their disposal. It is also the democratic right of every citizen to fight for truthful information and to react, report and complain about every untruthful piece of news or inappropriate anonymous comment of portal visitors.

Also, it is the democratic right of every citizen to fight for truthful information and to react, report and complain about all untrue information and inappropriate anonymous comments of portal visitors, in the goal of protecting his or her human right to the truth through media coverage.

Members of the Complaints Commission: Chairperson Ph.D. Prof. Miodrag Zivanovic, Judge Nada Arsenic, Journalist Fuad Kovacevic, Journalist Faruk Boric, Dr. Sc. Enes Osmancevic, Attorney Nada Dalipagic and Journalist Milan Sutalo.

Chairperson of the Complaints Commission

Ph.D. Prof. Miodrag Zivanovic

Avaz.ba