Ukraine's Media Movement urges parliament to reject draft law threatening to pressure journalists

Anastasia Protz — Monday, 2 December 2024, 17:55

Mediarukh (Media Movement), a Ukrainian community that brings together journalists from Ukraine’s leading media, together with human rights organisations are calling on the members of Ukraine’s Parliament to reject draft law No. 10242 in its current form, arguing that it poses a threat to the freedom of speech and protection of journalistic sources and whistleblowers exposing corruption.

Source: a statement issued by the Media Movement, released by the Institute of Mass Information

Details: The draft law proposes stricter criminal liability for publishing confidential information from public registers or engaging in actions that allow unauthorised access to such data.

The Media Movement warns that the proposed penalties – up to eight years of imprisonment for such acts during martial law – equate these offences to serious crimes.

Quote: "Under the guise of combating 'data misuse', this draft law creates a tool that could be used to persecute journalists reporting on corruption schemes or abuses of power. Examples of investigations whose authors could face liability under the provisions of this draft law include reports on schemes for men leaving Ukraine during martial law or the illicit enrichment of prosecutors."

The Media Movement points out that the draft law lacks mechanisms to protect individuals who disclose confidential information of public importance. Even in cases where the disclosure serves the public interest, existing Ukrainian laws such as the Law On Information and the Law On Access to Public Information may not adequately safeguard journalists in court proceedings if the amended Article 361-2 of the Criminal Code is applied.

Further details: "Redefining such offences as serious crimes opens the door to covert investigative actions against journalists, including wiretapping and surveillance, significantly violating standards for the protection of sources," the joint statement cautions.

The statement also highlights that while the draft law is presented as part of Ukraine's obligations to the European Union, its provisions contradict international standards for freedom of speech, the protection of journalistic sources and whistleblowers. This includes the principles of the recently adopted European Media Freedom Act.

Quote: "Legislation that restricts public oversight of authorities and fosters an atmosphere of fear among journalists not only undermines democracy but also erodes trust in state institutions.

We support improving legislation but only when it considers the interests of society and does not become a tool for suppressing freedom of speech."

The Media Movement has appealed to international organisations and human rights advocates to analyse the draft law and voice their position on its potential impact on freedom of speech in Ukraine.

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