It is necessary to emphasize that the adoption of the Law on Defamation in the FBiH regulated the right to freedom of expression, guaranteed by the Constitution of FBiH and the European Convention for the Protection of Human Rights and Freedoms, and represents one of the main foundations of any democratic society. Court proceedings in damages for defamation are of newer date and in the first court proceedings problematic question appeared: what is the equivalent amount to be awarded to the injured party for moral and material satisfaction. This is especially due to the fact that when awarding non-pecuniary damages there are no relevant parameters by which mental pain could be “calculated” , but it was free to judicial opinion - in each case the only criterion for establishing the cash amount was in respect of non-pecuniary damage. The court may make a judicial measure that would ban or restrict the making or disseminating an expression of false facts, but the same can not be reached before the publication of that expression. Provisional judicial measures to ban expression dissemination of false facts can be determined only if the injured party with the greatest certainty can make it likely that the expression caused damage to injured person’s reputation and that the injured person suffered irreparable harm as a result of further dissemination of the expression. The Law on Defamation of Federation of Bosnia and Herzegovina was passed on November 1st 2002 and published in the Official Gazette of FBiH no. 59/02 of November 28th 2002. This law determined basic statutory principles, and regulated civil liability for damage caused to the reputation of person or legal entities by making or disseminating an expression of false fact identifying with the person or entity by a third party.
Key words: law on protection of degamation, FBiH, legislation
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