OSCE Media Freedom Representative publishes legal analysis of draft Ukrainian media law, with recommendations to authorities
VIENNA, 2 March 2020 – The OSCE Representative on Freedom of the Media, Harlem Désir, published today a legal analysis of the Draft Law of Ukraine “On Media”. This draft law was recently registered in the Verkhovna Rada (Parliament).
The legal review, which was commissioned by the Office of the Representative, and prepared by independent media freedom expert Dr. Joan Barata Mir, stresses that several aspects of the draft law should be reviewed and addressed.
“It is necessary that this draft law is brought in line with applicable international standards, OSCE commitments, and best practices on freedom of expression and freedom of information, in order to avoid any negative impact on media freedom in the country,” underlined the Representative.
Among other aspects, there are concerns regarding a series of limitations in the draft law affecting the content that can be disseminated within the territory of Ukraine. These include some expressions and topics that may cover legitimate political opinions and discussions related to matters of public interest. The legal analysis stresses that, while specific situations affecting national security may justify the imposition of certain limits to the right to freedom of expression, these restrictions need to be clearly specified on a case-by-case basis.
The legal analysis further raises concerns over the possibility of imposing a penalty on certain media outlets, by banning their dissemination. Imposing a general ban, affecting all the content of a specific media outlet, during a non-specified period and based on a very widely formulated justification, represents an excessive and disproportionate measure in light of the fundamental right to freedom of expression. This may have a chilling effect on the Ukrainian media sphere. It is important to note that the draft law allows such a ban to be imposed on websites or similar online media services as a whole. According to applicable international standards, specific measures targeting online content shall only be applied to specific pieces of content, but not to a whole service or application.
The legal analysis also addresses the framework applicable to the appointment of the members, functioning and powers of the National Council of Television and Radio Broadcasting (the Council). In particular, there are concerns that the requirements to become a member of the Council are very broad and general. These requirements do not necessarily guarantee the full capacity of a regulator to manage and participate properly in carrying out its functions. There are also concerns that the procedure for dismissal of the members of the Council may compromise its independence.
“This analysis offers important recommendations that aim to improve the draft law in line with international standards and OSCE commitments. I call upon the authorities to take these recommendations into consideration, before adopting the law, to facilitate better the regulation of media freedom in Ukraine,” Désir said. “My Office stands ready to continue working with Ukraine and to provide necessary policy recommendations.”
The full legal review is available at: https://www.osce.org/representative-on-freedom-of-media/447508
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.