Current challenges: Ukrainian experience by Olha HERASYMIUK First Deputy Chairman Vilnius

In accordance with the paragraph 1 of Article 17 of the Constitution of Ukraine the most important functions of the State are:  protection of the sovereignty and territorial integrity of Ukraine,  insurance of its economic and informational security. The State implements its functions by state authorities, the role and place of which are determined by the Constitution and laws of Ukraine. The National Television and Radio Broadcasting Council of Ukraine is the constitutional and only one state regulatory body in the field of television and radio broadcasting (Article 7, The Law On Television and Radio Broadcasting). Supervisory and regulatory competences and powers of the regulator are set out in the Law On Television and Radio Broadcasting Council of Ukraine. Current Challenges: Ukrainian Experience Legal Basis

Supervisory and Regulatory Competence Current Challenges: Ukrainian Experience Regulator conducts an official monitoring of TV and Radio programs on a regular basis (Article 13). The monitoring of Russian TV programs showed a large number of rude violations of the Law of Ukraine “On Television and Radio Broadcasting” and the European Convention on Transfrontier Television. The main subject and characteristic feature of the informational and analytical programs, produced ​​ in Russian Federation contain:  calls for war and violation of the territorial integrity  inciting ethnic hatred  propaganda of exclusivity, superiority  violation of human dignity  humiliation on the basis of nationality and ideology

Joint Activities with other Institutions Current Challenges: Ukrainian Experience We closely cooperate and take consultations with:  The National Security and Defense Council of Ukraine  Ukrainian State Film Agency (Expert Commission for film distribution and demonstration)  Commission on Journalistic Ethics  The Ministry of Internal Affairs of Ukraine  NGO’s.  Representatives of media industry A large number of compliances from viewers have been addressed to the National Council. After the examining of all materials and recordings the regulator applied to the Kyiv Administrative Court of Ukraine with the claim to recognize that certain Russian TV channels do not meet the provisions of the European Convention on Transfrontier Television (ECTT) and Ukrainian Laws. The Russian Federation is not a Party of ECTT !!!

Temporary Court’s Decisions Current Challenges: Ukrainian Experience The Kyiv Administrative Court has been considering cases recently. Up to now the Court took decisions in the interests of informational security of the country to temporarily ban the retransmission of the following Russian TV channels in the Ukrainian multichannel cable networks: First Channel. Worldwide Network RTR Planet Russian informational channel – Russia 24 NTV World TVCI RBC-TV.

Current Challenges: Ukrainian Experience The provisions of the Law On Television and Radio Broadcasting (Article 42). This Article identifies that: 1. Re-transmission of television and radio programs and broadcasts the content of which complies with the requirements of the European Convention on Transfrontier Television shall not be subject to limitation in the territory of Ukraine. 2. An economic agent in the jurisdiction of Ukraine which intends to carry out re-transmission and has been authorized to do so by the copyright holder (producer) who does not come under the jurisdiction of an EU member state or another state party to the European Convention on Transfrontier Television must adapt the content of the programs intended for re-transmission to the requirements of the Ukrainian legislation. Regulator’s Decisions – Legal Background

Current Challenges: Ukrainian Experience On the basis of the Article 42 the National Council took relevant decisions recognizing other Russian programs as such that:  do not meet the European Convention on Transfrontier Television  it is not a ban as such  informing providers on the necessity of adaptation of these programs to the Ukrainian legislation: Regulator’s Decisions Russia 1 NTV TNT Peterbyrg 5 Star Ren-TV, Life News Russia Today History Providers are responsible for compliance the retransmitted programs with the Ukrainian legislation.

Current Challenges: Ukrainian Experience Society and Industry Feedback Almost 100 % of cable operators stopped the retransmission of these Russian channels. Moreover, before these decisions Ukrainian program service providers started to stop the retransmission by the exclusion of some Russian channels from their packages on its own initiative. Ukrainian audience actively supported such measures informing the National Council about certain cases of violations in the implementation of these decisions. Some nationwide Ukrainian TV channels (1+1 and ICTV) refused from broadcasting of Russian programs and films by their own initiative. However, the self regulation in this regard does not work fully.

Current Tasks Current Challenges: Ukrainian Experience The main tasks of current informational strategy: 1. Implementation of Public Broadcasting: the regulator is responsible for Supervisory Board; 2. Adoption of the road map aimed at the promotion and the development of domestic production; 3. Providing Ukrainian broadcasting in the temporary occupied territories; 3. Active development of Ukrainian broadcasting abroad with the purpose of informing the world about Ukraine from primary sources. Recently 1+1 group obtained the license and launched the satellite private international TV channel in English that presents 24-hours news aimed at overseas news market.

International Dialogue Current Challenges: Ukrainian Experience The European Convention for the Protection of Human Rights and Fundamental Freedoms provides: Part 1 Art. 10 “…everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.” Part 2 Art. 10 “The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.”

International Dialogue Current Challenges: Ukrainian Experience Discussions and consultations with the OSCE Representative on Freedom of the Media with the regard of our response to the current threats and informational aggression. Communiqué by the OSCE Representative on Freedom of the Media on the impact of laws countering extremism on freedom of expression and freedom of the media (06/2014) issued in October states that “according to several international documents, extremist activities can be subject to legal restrictions by states when they imply the use of violence and represent a direct and imminent threat to basic constitutional pillars”.

Joint Efforts aimed at providing a proper reaction on current and possible future informational threats Current Challenges: Ukrainian Experience ● To develop broader dialogue and cooperation among European countries and regulators. ● To work out: joint approaches; clear rules; relevant legislative definitions. ● To create efficient methods and mechanism of prevention and counteraction of propaganda from foreign countries in the sector of audiovisual media. We appreciate our colleagues from Lithuania and Latvia greatly for their support in protection of the informational environment and their primary measure taken in this respect.

Thank You for Your Attention !!! Any Questions? Current Challenges: Ukrainian Experience