During an expert discussion held in Kyiv, the Council of Europe legal opinion on certain provisions of the Draft Civil Code of Ukraine (registration No. 15150) concerning freedom of expression, media, and digital rights was presented.

The event was organised following a request submitted to the Council of Europe Project “Safeguarding Freedom of Expression and Freedom of Media in Ukraine – Phase II” by representatives of civil society organisations and the media community to present the content of the opinion, explain its key provisions, and ensure its correct professional interpretation within the expert community. Representatives of the media, legal professionals, public authorities, and civil society participated in the discussion, considering the practical relevance of the recommendations for the further improvement of the draft law.

The legal opinion notes that the draft contains a number of innovations, in particular in the area of digital rights, including the right to a digital identity, the right to be forgotten, digital privacy, and informational tranquillity. At the same time, the opinion identifies several provisions requiring further refinement to ensure legal certainty, proportionality, and a fair balance between privacy protection and freedom of expression.

Particular attention during the discussion was given to the regulation of the right of reply and the right to rectification of false information. Experts supported the recommendations on clearly defining the criteria for the application of these mechanisms, their time limits, and exhaustive grounds for refusal. It was emphasised that such clarifications are essential to prevent potential interference with media editorial independence.

A separate part of the discussion focused on digital rights. Participants highlighted the need to align provisions on digital privacy with the requirements of the General Data Protection Regulation (GDPR) - the EU legal framework governing the collection, processing, storage, and protection of personal data - as well as with broader European standards. The importance of establishing clear legal grounds for data processing and ensuring a balance between privacy and the public interest was also underlined, alongside safeguards for journalistic activities and the exercise of state regulatory functions.

Among other issues are the protection of honour and reputation, the right to be forgotten, the digital identity of natural and legal persons, as well as mechanisms to counter strategic lawsuits against public participation (SLAPPs). The Council of Europe has consistently supported Ukraine in developing anti-SLAPP mechanisms through expert consultations, the preparation of recommendations, international training events for judges and media lawyers, and support for the work of a dedicated parliamentary working group. This activity is based on Council of Europe and EU standards, in particular Recommendation CM/Rec(2024)2 and EU Directive 2024/1069. In February 2026, the Council of Europe issued a legal opinion on the legislative package, confirming its compliance with European standards and serving as a basis for further refinement.

The Council of Europe legal opinion on certain provisions of the Draft Civil Code of Ukraine (registration No. 15150) also recommends removing vague formulations, avoiding duplication with sector-specific legislation, and ensuring consistency with the case law of the European Court of Human Rights and European Union law.

Following the discussion, media experts and legal practitioners agreed with a number of key recommendations of the opinion. They also noted the usefulness of establishing a working group for further refinement of the media component of the Draft Civil Code of Ukraine in line with European standards.

The Council of Europe Project “Safeguarding Freedom of Expression and Freedom of Media in Ukraine –  Phase II” (SFEM-UA - Phase II) is implemented by the Council of Europe Division for Co-operation on Freedom of Expression in the framework of the Council of Europe Action Plan for Ukraine “Resilience, Recovery and Reconstruction” 2023-2026.