The Ministry of Communications and Transport of Bosnia and Herzegovina is working on the Law on Electronic Media, which establishes a unique legal framework for audiovisual media services in Bosnia and Herzegovina, harmonized with European standards.
The working material, prepared by a formal working group of representatives of relevant institutions from the state, entity and Brčko District levels, lays the foundations for the regulation of TV and radio broadcasting, on-demand audiovisual services, media service distributors and video sharing platforms. The proposed framework confirms that the Communications Regulatory Agency (RAK) must be legally separate from the government and act impartially and transparently. The responsibilities of the RAK include issuing permits, passing by-laws, monitoring and supervision, deciding on objections, improving media literacy, and protecting copyright and related rights.
The draft prescribes the mandatory identification of media service providers: each user of a license or approval of the RAK must ensure simple, direct and constant access to key data – name, address of headquarters, contact information (including e-mail or website) and information that they hold a license or consent.
This is, in practice, the obligation of the public imprint.
“Trust in the media begins with transparency and clear responsibility. That’s why this Draft introduces the obligation of public imprint and unequivocally defines who is behind the program, where it is headquartered and with whose permission it is on the market. There is no hiding behind anonymous addresses: the audience must know who creates the content,” said Minister Edin Forto.
What is the difference between the two laws?
The Law on Electronic Media deals with program content and obligations of audiovisual media service providers (TV/radio, on-demand services, distributors and platforms), including rules on liability and audience protection. The Law on Electronic Communications regulates electronic communication networks and services (infrastructure, frequency spectrum, interconnection, user rights) – thus the technical and market conditions of signal transmission. The first talks about what is broadcast and under what editorial rules, the second about how the signal is transmitted and what technical rules govern the market.
The law guarantees full freedom of expression and editorial and programming freedom, with precise prohibitions of content that incites hatred, violence and discrimination, calls for terrorism or overthrowing the constitutional order. Media service providers are obliged to implement measures to protect children from content harmful to their development. Data collected for the protection of minors may not be used for commercial purposes. Covert advertisements are prohibited, and advertising of alcohol, tobacco and drugs is subject to stricter rules.
Audiovisual services are obliged to promote European works and works of independent producers, with special encouragement of Bosnian production, thereby strengthening the local creative industry. Mandatory accessibility of media services to persons with disabilities is foreseen. A list of events of special importance is established that public broadcasters must broadcast, with the right of other stations to receive shorter information. Distributors are obliged to transmit public RTV services free of charge (must-carry).
Given the growth of online platforms, the Draft introduces clear obligations for video sharing service providers to protect minors and the public from content that incites hatred, violence or constitutes a criminal offence. RAK will prescribe measures and conduct supervision to ensure accountability.
The Ministry of Communications and Transport of BiH plans to refer the Draft Law on Electronic Media to public consultations by the end of 2025. The precise date depends on the submission to public consultations of the Draft Law on Electronic Communications, which is in the final stage of drafting within the formal working group. Since both laws define the roles of the Parliamentary Assembly of BiH, the Council of Ministers of BiH, the Ministry of Communications and Transport of BiH and the CRA in the same way, the competences will be prescribed uniquely in one law, while the other will refer to those provisions, it says. Acts.
