Media freedom may suffer following recent turn of Ukraine towards Russia

Major concerns in civil society that the decision of the Government of Ukraine to abandon far-reaching political and free trade association agreements with the European Union and instead focus on improving economic and political ties with Russia may have serious consequences for human rights, freedom of speech and press freedom in the country

The largest demonstrations in years filled the streets of Kyiv Sunday, 24 November, following the government of Ukraine’s decision not to sign an association agreement with the EU which had been underway for a number of years, an agreement which would bring Ukraine a step closer to the EU. The fact that Ukraine’s government has chosen instead to strengthen its ties with Russia led thousands to take to the streets and has been met with severe concern from human rights and civil society organisations in the country.

“The main concern of those who are now protesting in the streets is that this is not only about the signing of another trade and business agreement. It is a choice of where Ukraine in future will place itself, not only geographically, but also politically, alongside Russia in a type of customs union similar to that of previous times or together with EU and European values. This choice is likely to have an effect on the entire region as well, says Antonina Cherevko,” programme manager for IMS in Ukraine.

“The possible implications for media could also be quite serious. In the last few months we have seen journalists forced to leave their jobs as online journalists, and within TV and newspapers because media censorship has re-emerged. With the current conditions for press freedom in mind in Russia, some think that the pressure on and censorship of media in Ukraine could grow if the EU Association Agreement is not signed. Therefore, many are concerned that this could mean a loss of the hard-won achievements of the Orange Revolution in the area of Freedom of Expression. The main independent news site Ukrainska Pravda (“Ukrainian Truth”) have temporarily changed their name to “European Truth” in solidarity with the protests. However, this news-site was hacked yesterday and so now news about the protests is spread via Facebook and Twitter, via #‎ЄвроМайдан‬ or #‎EuroMaidan” Antonina Cherevko explains.

Press freedom increasingly under pressure

According to Igor Rozkladaj, lawyer at the Media Law Institute in Ukraine, an NGO that engages in legislative work, research, and education in the field of media, points to a number of areas where freedom of expression is already being curtailed.

Since November 2011 up until November 2013 there have been no restrictions on the fines applied in defamation cases which allowed heads of local authorities, politicians and oligarchs to sue media for hundreds of thousands of UAH in situations where they are unhappy with the media content. These sums often lead to the inevitable closure of the media outlet. Courts have made decisions on compensation of the non-pecuniary damages of up to 20,000 Euros which have been detrimental to local media. In November 2013, an amendment was made to the law. Now, the court fee is imposed based on a percentage of the sum sought in damages by the plaintiff. For example, if a plaintiff makes a defamation claim for 1 million UAH in moral damages, he or she would first need to pay 100,000 UAH in court fee.

In connection with digitalisation, the National Council on TV and Radio Broadcasting in 2010 organised a contest for places in digital multiplexes. As a result more than 100 regional and local TV companies will be closed because there are no longer enough frequencies for them on which to broadcast. Finally, on the regulation of the internet, Ukraine has a general framework on internet regulation which includes copyright, defamation etc., but according to Igor Rozkladaj, there is a risk that parliament could adopt laws in the “public interest” or to “protect” copyright which would allow them to close any website within a 24 hour notice period.

“It is crucial that the EU and other international partners follow the developments around media freedom in Ukraine closely now, especially in light of the forthcoming presidential elections in 2015 where media will play an important role,” Antonina Cherevko emphasizes.

For more about the current developments in Ukraine, also see: http://www.nytimes.com/2013/11/25/world/europe/thousands-of-ukrainians-protest-scrapping-of-trade-pact-with-eu.html?pagewanted=all&_r=0 or http://www.kyivpost.com/content/ukraine/euromaidan-rallies-in-ukraine-live-updates-332341.html.