EU AND COUNCIL OF EUROPE WORKING TOGETHER TO SUPPORT FREEDOM OF MEDIA IN UKRAINE

Back Safety of journalists on time - Prosecutor General's Office signed memorandum of cooperation with media NGOs

On 14 September 2021, the meeting of the Prosecutor General with journalists, representatives of non-governmental organisations in the sphere of media and international organizations was held in Kyiv with the support of the European Union and the Council of Europe Joint Project “EU and Council of Europe working together to support freedom of media in Ukraine”. Its purpose - to discuss situation with safety of journalists and the investigation of criminal offenses committed against journalists and other media actors in Ukraine.

During the event, participants signed a memorandum of understanding and cooperation between the Prosecutor General's Office and media NGOs to define a common vision on improving the protection of journalists’ rights, increase the efficiency of pre-trial investigation of crimes against journalists and ensure openness, transparency and independence of the prosecuting authorities. In particular, the memorandum provides for the establishment of a working group for the practical implementation of cooperation measures, which will include 8 members - two representatives of the Prosecutor General’s Office and six representatives of the media NGOs.

The meeting is a continuation of cooperation within the recently established platform based on the Office of the Prosecutor General for the investigation of crimes against journalists.

The European Convention on Human Rights defines the right to freedom of expression, including access to information. The European Court of Human Rights has established case law with regard to protection of journalists from threats as well as protection of sources of information (whistleblowers) and access to information. Ukraine, as a member state of the Council of Europe, has commitments to to comply with provisions of the European Convention on Human Rights and case law of the European Court of Human Rights.

Steen Nørlov, Head of the Council of Europe Office in Ukraine, said in his speech: “We welcome the initiative of the Prosecutor General to establish effective permanent platform for cooperation with civil society and journalists regarding protection of journalists in Ukraine and sign a Memorandum of understanding and cooperation. This step goes in line with the Recommendation CM/Rec(2016)4 of the Committee of Ministers to member States on the protection of journalism and safety of journalists and other media actors”.

The Council of Europe is continuously working on the implementation of Recommendation CM/Rec(2016)4 by supporting national authorities through cooperation assistance activities and by providing responses to challenges to media freedom and safety of journalists. To this end the Council of Europe Steering Committee on Media and Information Society has developed an Implementation strategy for Recommendation CM/Rec(2016)4 which foresees, as one of its key components, the Implementation guide, which also was translated into Ukrainian by the EU-Council of Europe Joint Project.

This document aims to assist member States in developing national action plans on the safety of journalists.

To remind, the Council of Europe also has an Internet platform on which partner organisations representing journalists can report cases of violations of media freedom. Currently, 64 active alerts regarding threats to freedom of expression and the safety of journalists in Ukraine, 3 of which are waiting for a response from the Government, are posted on the Council of Europe's Platform for the Protection of Journalism and Safety of Journalists.

This confirms that there is still an urgent need in Ukraine to create a safe and supportive environment for journalists and other media actors. After all, for democracy to function, citizens must have access to free, independent and diverse media.

Background information:

The project «EU and Council of Europe working together to support freedom of media in Ukraine», funded by the EU and CoE, aims to enhance the role of media, its freedom and safety.

Follow the news of the project on Facebook https://www.facebook.com/CoEUPSIS/

Kyiv, Ukraine 14 September 2021

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WHAT IS THE PROJECT ABOUT?

“EU and Council of Europe working together to support freedom of media in Ukraine” (hereinafter – the Project) is one of three components of the Joint Project of the European Union and the Council of Europe “EU and Council of Europe working together to strengthening protection of the human rights in Ukraine”. It is aimed to enhance the role of media, its freedom and safety, and the public broadcaster as an instrument for consensus building in the Ukrainian society according to the priorities included in the Council of Europe Action Plan for Ukraine 2018-2021 as well as EU-Ukraine Association Agreement, ratified in September 2014.

The Project addresses six main priorities:

reinforcing the Public Broadcasting system in Ukraine;
strengthening local print press outlets which undergone de-statisation reform;
safety of journalists and countering impunity of crimes against freedom of expression, in particular creation of the rapid response mechanism to ensure safety of journalists;
adoption of audiovisual legislation and strengthening capacities of the National TV and Radio Broadcasting Council of Ukraine;
improving access to public information for media and society;
balanced and professional media coverage of elections, fighting propaganda and information disorder and providing information security of Ukraine in line with the European standards.

The Project is a continuation of the support to the ongoing reforms in the field of media after the completion of the Council of Europe Project “Strengthening Freedom of the Media, Access to Information and Reinforcing a Public Broadcasting System in Ukraine”, implemented within the period of 01 July 2018 – 31 August 2019 in the framework of the Council of Europe Action Plan for Ukraine 2018-2022.

BUDGET AND TIMEFRAME OF THE PROJECT

The total budget of the media component amounts to EUR 1 268 000.

The Project is implemented by 09 April 2022.

SITUATION IN THE SPHERE OF MEDIA IN UKRAINE

Since the Euro-Maidan or the Revolution of Dignity in 2014, Ukraine has made important efforts to reflect European standards into national legal framework and practice in the fields of media, freedom of expression and information society. Major reforms have been launched and based on adoption of the legislation on public service broadcasting, transparency of media ownership, and reform of state and communal print media. The Ukrainian public broadcaster UA:PBC has been created, major strategic documents concerning its functioning adopted and its capacity strengthened. Effective mechanism of Ukraine’s co-operation with the Council of Europe Platform on Safety of Journalists was created.

Ukraine has made a visible progress in media reforms. However, the results achieved are still fragile. Further efforts are needed to ensure the sustainability of reforms.

Despite significant progress achieved so far, the UA:PBC remains seriously underfinanced and its structure needs further optimisation.

Regarding the safety of journalists, the number of physical attacks on journalists has grown in 2018, while their investigation remains largely inefficient. A narrow definition of “professional activities of a journalist” in the Criminal Code of Ukraine does not cover the journalists of electronic media, bloggers, camerapersons and other new actors, protection is another problem.

The Draft Law “On Audiovisual Services” is being prepared. The Association Agreement with the EU indicates that Ukraine committed to align its media legislation with the EU Audiovisual Media Services Directive of the Agreement.

Fair, balanced and impartial media coverage of elections in Ukraine remains a serious challenge. Political advertising in and between the electoral processes and hidden advertising, abundance of fake news and propaganda, freedom of expression and ethical standards for journalists are on top of public discussions.

PROJECT’S EXPECTED RESULTS

The governance system of public broadcaster is built, it is financially sustainable and enjoys editorial independence to fulfill its role of public service media;
The reform of communal print outlets is finalized, they are strengthened and provide quality journalism at local level;
Enhanced safety of media actors as a result of guaranteed protection by law and strong nationally owned Rapid Response Mechanism for protection of media actors;
The Law “On Audiovisual Services” is adopted and implemented in line with EU AVMS Directive and the Council of Europe standards and ensures the independence of the National TV and Radio Broadcasting Council of Ukraine;
Access to public information and transparency in operations of the information holders is ensured.
Media coverage of elections is effectively regulated and mechanisms for fighting information disorder and propaganda are introduced resulting with increased transparency of electoral process.

PROJECT’S PARTNERS

The key partners of the media component are PJSC “Public Broadcasting Company of Ukraine” (UA:PBC), National Television and Radio Broadcasting Council of Ukraine, Parliamentary Committees on Humanitarian and Information Policy and on the Freedom of Speech, relevant ministries, the Presidential Office of Ukraine, State Committee for Television and Radio Broadcasting, Parliament Commissioner for Human Rights, law enforcement agencies of Ukraine, Central Election Commission, educational institutions, civil society organisations working in the sphere of media, relevant professional associations etc.