The High Representative Valentine Inzko responded to Reisu-l-ulema's letter

Dr. Valentin Inzko

The High Representative for Bosnia and Herzegovina

Dr. Mustafa ef. Ceric Reisu-l-Ulema

16 December 2011

Dear Reisu-l-Ulema,

Thank you for your letter of 11 November 2011 and for the respect you express in that letter for the institution of the OHR and for me personally. Since you are concerned about the relationship between the public media in Bosnia and Herzegovina and the Islamic Community and its representatives, please allow me to emphasize the following facts in the first place. The Law on Freedom of Religion and Legal Position of Churches and Religious Communities in Bosnia and Herzegovina guarantees the right to freedom of religion or belief, including the freedom to publicly profess or not to profess a religion. The above freedom includes the right of everyone, individually or in community with others and in public or private, to manifest his religion or belief, 0؛ long as this does not act contrary to the legal order, public safety or to the detriment of life or health or to the detriment of the rights and freedoms of others.

On the other hand, it belongs to the public media, both printed and electronic, to inform the public about political, economic, educational and other events, to ensure an open and public debate on matters of public interest, to respect and promote pluralism of political, religious and other ideas and to report on a range of different viewpoints. In accordance with the regulations governing the Public Broadcasting System and individual legislation on public broadcasting services, the program of public broadcasting services must be in accordance with high standards of quality, professionalism, and ethics, ensuring respect for human life, and promoting democratic freedoms.

In accordance these regulations, anyone whose legal interests have been damaged, or whose honor and reputation have been violated by allegations aired or broadcast on the radio or television programs of one of the public broadcasting services, is entitled to file a complaint. If the complaint is raised in regard to a daily news program, the public broadcasting services are required to answer before a prescribed deadline. In the event of a failure to answer, the affected person shall be entitled to address the Governing Board of the relevant Public Broadcasting Service and in the absence of the relevant decision of the Board, the affected person shall be entitled to judicial redress. The same legislation provides for a similar process insofar as it concerns the request for correction of an inaccurately aired or broadcast statement.

In addition, the Code of Radio-Television Program Broadcasting lays down rules to ensure the conditions for securing the rights to freedom of expression, as envisaged by the European Convention on Human Rights and Fundamental Freedoms with the obligation to comply with universally accepted standards of decency, nondiscrimination, integrity, fairness and accuracy, and it provides for sanctions which the Communications Regulatory Agency may issue against a single broadcaster, according to the Law on Communications, in the event of potential breach of the provisions of this Code.

From your letter it is clear that you have taken certain actions in order to point out irregularities or possible violations of both the relevant laws and the Code of Radio-Television Program Broadcasting by one of the public broadcasting services. Having in mind that the above regulations provide safeguards for any person who believes that a program's contents have violated his or her rights, I believe that you have taken the correct course of action in pursuing these complaints through the competent authorities.

Respectfully,

                   Dr. Valentin Inzko