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Media and non-governmental organizations are concerned about the lack of a thorough public discussion on the possible introduction of criminal liability for the spread of disinformation. Such norms might be included in a bill drafted by the Ministry of Culture, Youth and Sport in pursuance of Presidential Decree No. 837/2019, which has to be registered with the Verkhovna Rada of Ukraine by December 31, 2019.

We would like to remind you that in accordance with the Presidential Decree No. 837/2019 “On Urgent Measures Aimed at Implementing Reforms and Strengthening the State” as of November 8, 2019, the Cabinet of Ministers of Ukraine has to develop and submit for consideration to the Verkhovna Rada a bill that shall contain “regulations on standards and requirements for news, as well as mechanisms to prevent dissemination of inaccurate, distorted information, ... , and provide for increased liability for violation of the law on information.” This task has to be completed by December 31, 2019.

We share the view that in the conditions of hybrid military aggression against Ukraine, the right to freedom of speech may be partially limited by law for the purpose of ensuring national security and territorial integrity. However, such limitations of freedom of speech, in combination with the rules on criminal liability, can pose a potential threat to the freedom of media and freedom of expression as a whole.

That is why motions regarding freedom of speech and liability for disinformation cannot be prepared in a hurry, behind closed doors, without proper public discussions with the involvement of professional Ukrainian and foreign experts.

Considering that the deadline for preparation and registration of the bill, set in the Presidential Decree, has practically passed, and it is no longer possible to properly discuss proposals drawn up by the Ministry, we urge the head of state to extend the deadline for the performance of this task and obligate the Government to hold the relevant discussions with the involvement of Ukrainian and foreign experts before registering the bill.

The statement was signed by:

Media Movement "Media for a Conscious Choice"

"Hromadske Radio"

"Novoye Vremya" magazine

"The Ukrainian Week"

Detector Media

Mass Information Institute

Regional Press Development Institute

Pylyp Orlyk Institute for Democracy

ZMINA Human Rights Center

"Behind the news" Information Campaign

We would like to remind you that on November 9, President of Ukraine Volodymyr Zelenskyi  instructed the government to develop regulations on "standards and requirements for news". This bill has to be submitted for consideration to the parliament by the end of the year. The presidential decree has caused outrage in the media community because of the government's alleged intention to impose news standards.

On the contrary, the Minister of Culture, Youth, and Sports Volodymyr Borodianskyi explained that the authorities do not plan to regulate news standards and called this a terminological misunderstanding. According to him, the authorities intend to introduce the concepts of “dangerous information”, “disinformation”, and “false information” as this is “very important in the conditions of information war with the Russian Federation and possible funding of some media by the aggressor country”.

The chair of the Verkhovna Rada Committee on Humanitarian and Information Policy, Oleksandr Tkachenko, called the "standards and requirements for news", mentioned in the presidential decree, a “technical error” .

Earlier, Oleksandr Tkachenko had reported that by the end of 2019, his committee was planning to submit a bill on media. In particular, it is planned that this bill will impose sanctions on unprofitable media.

Volodymyr Borodianskyi expressed the opinion that at the legislative level it is necessary to protect the information field from manipulations and to protect journalists from pressure.