Media movement, media, and human rights organizations urge the Verkhovna Rada of Ukraine to reject the draft law on liability for publishing data from registers
We, the members of the Media Movement, as well as media and civil society organisations in Ukraine, call on the Members of Parliament of Ukraine to reject the draft law No. 10242 in its current version. This draft law poses significant threats to freedom of speech, the work of journalists and the protection of whistleblowers exposing corruption in Ukraine.
The draft law significantly increases criminal liability for making confidential information from public registers or other actions that create the possibility of free access to such information by an undefined group of individuals publicly available. The proposed punishment of up to 8 years in prison for such actions during the imposition of martial law is disproportionate and essentially turns these offences into serious crimes. Under the guise of combating “data abuse”, a tool is being created that can be used to persecute journalists who cover corruption schemes or abuse of power. Examples of investigations whose authors may be held liable under the provisions of this draft law include materials about schemes for men to travel abroad during martial law or about the enrichment of representatives of the Prosecutor’s Office.
The draft law does not provide for any protection mechanisms for those who disclose confidential information of public importance. Even if there is a public need for disclosure, the provisions of the Laws of Ukraine “On Information” and “On Access to Public Information”, which are designed to protect the disclosure of such information, may not be sufficient to protect journalists in courts when using the updated version of Article 361-2 of the Criminal Code.
The transformation of offences into serious crimes opens up the possibility of using covert investigative actions against journalists, including wiretapping and surveillance, which significantly violates the standards of information source protection.
The draft law is being promoted under the guise of meeting the requirements of the European Union, but its provisions contradict the principles of freedom of speech and whistleblower protection enshrined in international documents, including the recently adopted European Media Freedom Act.
Increased criminal liability should be accompanied by the creation of reliable mechanisms for the protection of journalists and whistleblowers. Legislation that restricts public control over the authorities and contributes to an atmosphere of fear among journalists not only harms democracy, but also undermines trust in state institutions.
We support the improvement of legislation, but only if it takes into account the interests of society and does not become a tool for suppressing freedom of speech. At a time when Ukraine is fighting for its future as a democratic state, any attempts to restrict the rights of journalists beyond what is absolutely necessary, justified by the need to protect the interests of the state, not its individual representatives, are unacceptable.
We call on international organisations and human rights defenders to join the assessment of this draft law and express their position on its impact on freedom of speech in Ukraine.
The statement is open for signatures. To join the signing, fill out this form.
Media Movement, Digital Security Lab, Institute of Mass Information, NGO Detector Media, Centre for Public Investigations, NGO Human Rights Platform, Human Rights Centre ZMINA, Texty.org.ua, Slidstvo.info, Civil Network OPORA, Ukrainian judicial journalism outlet Graty, Trap Aggressor, Bihus.Info , NGO Regional Press Development Institute, Online publication “Donbas News”, Ukrainska Pravda, Euromaidan Press, Anti-Corruption Center, Media Network “Window of Restoration”, Media of Decisions “Rubryka”, Online publication “Eastern Variant”, Center for Democracy and Rule of Law, Foundation Souspilnist, ZN.ua, CHESNO Movement, Ukraїner
For reference. The Media Movement is a community that has united journalists from leading Ukrainian media, investigative journalists and experts from independent media organizations. Media movement was launched on February 5, 2019.
The Media Movement Memorandum was first signed by Suspilne, Ukrainian Radio, Hromadske Radio, Ukrinform, Interfax-Ukraine, Liga.net, ZN.ua, NV, Censor.net, Ukrayinska Pravda, and many others leading Ukrainian media. The movement also includes leading Ukrainian media NGOs, such as the IMI, Detector Media, Independent Media Council, Internews Ukraine, National Media Association, Center for Democracy and the Rule of Law, Suspilnist Foundation, Donetsk Institute of Information, Pylyp Orlyk Institute of Democracy, Human Rights Centre ZMINA.
Other organizations and journalsits joined later – over 70 members in total. On November 16, 2021, top media outlets called on journalists to unite within the professional community “Media Movement” to resist political and commercial pressure on freedom of speech. The statement was initiated by 29 journalists and experts whose names are available here.
