Independence of Broadcasting Regulator in Bosnia and Herzegovina

Guarantees of Independence

The Communications Regulatory Agency (CRA) in Bosnia and Herzegovina (BiH) is intended to be an independent regulator, free from interference by the government or other powerful interests. However, there are concerns about the effectiveness of these guarantees.

• Functional independence: The Communication Law states that the CRA is functionally independent, but this provision could be more explicit in stating what “functional independence” means and explicitly prohibiting interference from powerful interests.
• Council of Ministers and individual ministers: The law prohibits interference from the Council of Ministers or individual ministers. However, it’s unclear whether this applies to other government bodies or individuals.

Remit and Responsibility

The CRA is responsible for regulating broadcasting and telecommunications networks and services, as well as planning, coordinating, allocating, and assigning radio frequency spectrum use. The law establishes regulatory principles in detail, including licensing processes.

• Article 3 of the Communication Law: Sets out the responsibilities of the CRA, including:
  • Regulating broadcasting and telecommunications networks and services
  • Planning, coordinating, allocating, and assigning radio frequency spectrum use
• Regulatory principles: The law establishes regulatory principles in detail, including licensing processes.

Other Key Aspects

While the Constitution of BiH does not provide for the independence of the CRA, Article 36 para 1 of the Communication Law declares its functional independence. Additionally, under Article 2 para 2 of the Constitution, the European Convention on Human Rights and Fundamental Freedoms has priority over domestic law.

Recommendations

ARTICLE 19 makes no recommendations to change the respective provisions in the Communication Law but suggests that the formulation could be more explicit and elaborate on what “functional independence” means. The analysis also notes that the CRA’s independence is compromised by being a “budget institution” under the Law on Financing the Institutions of BiH.

Key Takeaways

• The Communication Law provides some guarantees of independence for the CRA, but these could be more explicit.
• The law establishes detailed regulatory principles, including licensing processes.
• The Constitution does not provide for the independence of the CRA, but the European Convention on Human Rights and Fundamental Freedoms has priority over domestic law.
• ARTICLE 19 recommends that the formulation of the Communication Law could be more explicit and elaborate on what “functional independence” means.