DRUŠTVENE MREŽE I KRIVIČNOPRAVNA ZAŠTITA MLADIH: IZMEĐU SLOBODE IZRAŽAVANJA, DIGITALNOG NASILJA I PROCESNIH IZAZOVA
SOCIAL NETWORKS AND THE CRIMINAL-LAW PROTECTION OF YOUNG PEOPLE: BETWEEN FREEDOM OF EXPRESSION, DIGITAL VIOLENCE AND PROCEDURAL CHALLENGES

Summary/Abstract: Social networks enable young people to communicate, learn, express themselves creatively and participate in public life, while also facilitating threats, stalking, humiliation, the misuse of private and intimate content and sexual solicitation. This paper examines when such conduct reaches the threshold of criminal-law relevance within the complex legal framework of Bosnia and Herzegovina. Particular attention is paid to recent solutions in the Federation of Bosnia and Herzegovina and Republika Srpska that expressly regulate technology-facilitated stalking, violence and sexual harassment, as well as the misuse of sexually explicit images and recordings. Criminal-law intervention must comply with legality, ultima ratio and proportionality, balancing the protection of young people’s safety, dignity and privacy with freedom of expression. The procedural analysis focuses on the authenticity, integrity, attribution, lawful acquisition and adversarial examination of digital evidence. The paper concludes that effective protection requires coordinated action by criminal-justice institutions, schools, social and counselling services, families and digital platforms, together with prevention and digital literacy.

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