OSCE Media Freedom Representative concludes visit to Kyiv calling for more consultation on media law reforms to strengthen guarantees of media freedom

KYIV, 7 February 2020 – OSCE Representative on Freedom of the Media, Harlem Désir, concluded today his official visit to Kyiv, where he held discussions with the authorities, the media community and international organizations, focusing particularly on two new draft laws, on Media and on Countering Disinformation respectively.

“The draft law on Media is an important reform of the regulation of the media field in Ukraine. It is important to ensure that it will contribute to pluralism, independence and freedom of the media in line with the best international standards and OSCE commitments on freedom of the media,” Désir said.

“The law should particularly ensure the independence, impartiality and accountability of the regulatory body, transparency of media ownership, and equal opportunities for media outlets with fair competition on the market. The new, extensive competencies of the regulatory agency should not infringe upon freedom of the media and the content of online and printed media,” Désir said.

The Representative announced that he will provide a legal review of the draft law, including recommendations, to the authorities and the Verkhovna Rada’s Committee on Humanitarian and Information Policy within the next few weeks.

Regarding the draft law on countering disinformation “On Amendments to Certain Legal Acts of Ukraine Aimed to Provide National Information Security and Right to Access to Truthful Information”, the Representative urged the authorities to allow more time for consultations with the media community and international organizations. “I understand the need to fight against disinformation, especially in the context of the current conflict in and around Ukraine. However, the current draft law, as it is, could lead to broad state interference in media content and journalism activities at the expense of media freedom and will not be efficient to counter disinformation.” He also said: “The first allies in the fight against disinformation are the Ukrainian journalists themselves and any strategy must build on their capacities and be developed in consultation with them.”

The Representative insisted that more time is needed for the consultation process and for developing a new strategy. “Self-regulation, support for professional standards of journalism, fact-checking initiatives to debunk false information, diversity of reliable sources of information and an independent public service media, as well as the development of media literacy are key components in the fight against the manipulation of information.”

In his discussions with Zurab Alasania, Chair of the Managing Board of the public service company UA: PBC, and members of Parliament, the Representative underlined the importance of a well-funded independent public broadcasting service, which can also contribute to combatting disinformation.

During his visit, Désir discussed the importance of enhancing the safety of journalists. “Despite improvements in comparison to 2014-2015, when attacks on journalists and media property were frequent, intimidation, harassment and obstruction involving members of the media, continue to take place,” Désir said. “The death of the journalist and blogger Vadim Komarov in Cherkasy in June 2019 is a horrible reminder of the danger that journalists face. In many of these cases, the perpetrators have not been brought to justice yet, and the effectiveness and pace of the investigations remain quite low. I call on the authorities to spare no effort in boosting effective investigations, including in the case of the assassination of Pavel Sheremet, in line with the OSCE commitments of Ukraine, which include the Ministerial Council decision on safety of journalists, adopted in 2018 in Milan.”

In his discussions with the authorities, the Representative reiterated his concerns about the media freedom situation and safety of journalists in the non-government-controlled areas, and assured the authorities that his Office will continue to closely monitor the related developments and address any violations of the rights of media actors.

During his visit, Désir met with Volodymyr Borodianskyi, Minister of Culture, Youth and Sport of Ukraine; Oleksandr Tkachenko, Chairperson of the Verkhovna Rada of Ukraine’s Committee on Humanitarian and Information Policy; Oleg Nalyvaiko, Head of the State Committee for Television and Radio Broadcasting, and Yevhenia Filipenko, Director General for International Organizations at the Foreign Ministry of Ukraine.

He also met with journalists and representatives of civil society organizations, including the Institute of Mass Information, the National Journalists’ Union of Ukraine, the Platform for Human Rights, the Donbass News website, Detector Media, the Ukrainian Service of Radio Free Europe, Hromadske TV, AFP and the Commission on Journalistic Ethics. Désir also had meetings with the OSCE Project Co-ordinator in Ukraine and the OSCE Special Monitoring Mission to Ukraine; as well as with Verena Taylor, Director of the Office Directorate General of Programmes of the Council of Europe (CoE) and Olena Litvinenko, Deputy Head of the CoE Office in Ukraine.

“I consider Ukraine a close partner in promoting media freedom in the OSCE region. I encourage the government to vigorously promote a safe and enabling environment for journalists, and to consider steps to strengthen media pluralism, independence and sustainability of the public broadcaster, transparency of media ownership and access to information,” he said. “As always, my Office stands ready to engage with relevant stakeholders, provide expert policy recommendations and share positive examples from the OSCE region on matters related to media freedom and safety of journalists.”

The OSCE Representative on Freedom of the Media observes media developments in all 57 OSCE participating States. He provides early warning on violations of freedom of expression and media freedom and promotes full compliance with OSCE media freedom commitments. Learn more at www.osce.org/fom, Twitter: @OSCE_RFoM and on www.facebook.com/osce.rfom.