On 27 September 2016 the presentation was held in Kyiv of the Council of Europe’s expert report on institutional mapping in the sphere of information policy and media in Ukraine and on competencies of the Ukrainian Parliamentary Commissioner on Human Rights and legislation in the sphere of access to public information. The expertise was prepared upon official request of the Ukrainian Parliamentary Committee on Freedom of Speech and Information Policy. It is expected that this expertise will become a basis of the  roadmap for reforming institutions and improvement of the legislation. The expert report has been prepared by the Council of Europe international experts: Eve Salomon (United Kingdom), Tanja Kersevan Smokvina (Slovenia) and Nataša Pirc Musar (Slovenia) who presented it as well as recommendations during the event.

Institutional landscape covering media and information policy in Ukraine contains numerous bodies with overlapping remits but without clearly delimited areas of responsibility. Similarly, the legal framework governing broadcasting, composed of numerous ill-fitting, frequently amended statutory acts, suggests a high level of over-regulation. This reduces legal certainty for the regulated subjects and poses a risk of corruption, as well as lowering the applicability of the available regulatory instruments and jeopardizing public interest objectives. That is one of the key conclusions of the Council of Europe’s expert report.

One of the core recommendations is adoption of the single comprehensive law on audio visual services which would unite the law of Ukraine “On TV and Radio Broadcasting”, law of Ukraine “On National Council of Ukraine for TV and Radio Broadcasting”, relevant provisions of the law of Ukraine “On advertising”, laws on elections as well as all other laws which are important for the regulation and provision of the audio visual services.

Adoption of the law on audiovisual services is an obligation of Ukraine to the Council of Europe since 2005. The Association Agreement with the EU clearly indicates that Ukraine committed to align its media legislation with the EU Audiovisual Media Services Directive within two years of entering into force of the Agreement. It is also worth mentioning that the approximation of the legislation in the sphere of media to Directive would open access to the Media sub-programme opportunities and funds to Ukrainian media professionals in the context of the Creative Europe Agreement between the European Commission and the Government of Ukraine ratified in February 2016.

The experts emphasized that in developing new broadcasting law, the priority should be given to creating a comprehensive and modern law where all the issues are dealt with in a coherent way. For example, the new law should incorporate the entire remit, design and powers of the national regulatory authority, the National Television and Radio Broadcasting Council of Ukraine. The sanctions and sanctioning procedure which apply to the specific circumstances of broadcasting should be clearly defined, giving the regulator tools for effective, impartial and proportionate enforcement of compliance with content rules. These rules should also be clearly defined in the new law in accordance to the European standards.

Moreover, the experts recommended to amend the new law “On Licensing of the Types of Economic Activities” in order to delete the TV and radio broadcasting from its scope of application. Also, currently in Ukraine the amendments to the Law of Ukraine “On public service” are being discussed proposing to take off the right of the National Council to appoint and dismiss the Head of the Secretariat. It is unacceptable violation to the independence of the National Council and according to the Council of Europe experts should be prevented.

Important priority of the media sphere is launch of the Public Broadcasting. The primary task is to mobilize all efforts for registering a legal entity of the public broadcaster - Public Joint Stock Company “National Public TV and Radion Broadcasting Company of Ukraine” by the end of 2016. The Law of Ukraine “On Public TV and Radio Broadcasting of Ukraine” (article 14) guarantees the financing of the National Public TV and Radio Broadcasting Company of Ukraine. It should not be less than 0,2% of expenditures of the general fund of the state budget for the previous year. An absolute priority is allocation of the prescribed by the Law amount for 2017 once the legal entity is created. Moreover, the experts provided a number of recommendations for amending the Law of Ukraine “On Public TV and Radio Broadcasting in Ukraine”.

During the event the competencies of the Ukrainian Parliamentary Commissioner on Human Rights and legislation in the sphere of access to public information were discussed as well. The experts recommend to establish a joint body – Information Commissioner that will be competent for the exercise of two rights: access to public information and personal data protection. This particular model proved its efficiency in the modern democracies. The similar practice is in Ukraine as both rights are currently under the competence of the Ukrainian Ombudsperson.

Viktoria Syumar, Chair of the Parliamentary Committee on Freedom of Speech and Information Policy, Ambassador Hugues Mingarelli, Head of EU Delegation to Ukraine, Mårten Ehnberg, Head of the Council of Europe Office in Ukraine and more than 100 representatives of the civil society and relevant public institutions took part in the Presentation.

The event was organised within the framework of the Council of Europe Project “Strengthening Freedom of the Media and Establishing a Public Broadcasting System in Ukraine” in cooperation with the Ukrainian Parliamentary Committee on Freedom of Speech and Information Policy.

 Council of Europe Project “Strengthening Freedom of the Media and Establishing a Public Broadcasting System in Ukraine” is aimed to enhance the role of media and the public broadcaster in particular as an instrument for consensus building in the Ukrainian society. The Project is implemented in the framework of the Council of Europe Action Plan for Ukraine 2015-2017. In 2016 the Project is financed from the budget of the Council of Europe Action Plan for Ukraine 2015-2017. More information about the Project: https://www.coe.int/uk/web/kyiv/strengthening-freedom-of-media-and-establishing-a-public-broadcasting-system-in-ukraine