Ukraine’s roadblock to the EU: attacks on the press

Analysis presented by Una Hrnjak

SIS 645July 1, 2012

Background

EU and the Ukraine

Priority Action Item for the Ukraine

Client Situation

Situation, Approach, Results

Overview of current legislation

Law of Ukraine “On Printed Mass Media (Press) in Ukraine”– Background– Analysis

PACE Resolution 1535

Recommendations and Next Steps

Agenda

Ukraine gained its independence in 1991 after the break up of the USSR• Ukraine signed a Constitution promoting human rights –

including granting its citizens freedom of speech and expression

• Ukraine started a transition from a communist society to a democratic one

Ukraine has aggressively pursued an agenda of ambitious reforms to promote democracy and the market economy to become closer to the EU.

According to the 2004 EU-Ukraine Action Plan — Ukraine must address the following:• Further strengthening the stability and effectiveness of institutions guaranteeing democracy and

the rule of law

• Ensuring the democratic conduct of presidential elections in Ukraine in accordance with OSCE standards

• Ensuring respect for the freedom of the media and freedom of expression

• Enhanced co-operation in the field of disarmament and non-proliferation

• Enhance the investment climate

Background

“EU Ukraine ENP Action Plan”. European Union. Web. 11 06 2012. http://ec.europa.eu/world/enp/documents_en.htm.

Democracy

Rule of law

Human rights

Economic development

Regional cooperation

Countries: The EU has 27 Member Countries, 1 acceding country (Croatia), 5 official candidate (e.g. Serbia, Turkey), and 3 potential candidates (e.g. Kosovo)

The EU promotes the following themes for EU entry

The European Community alone has provided assistance totaling almost € 2.4 billion since 1991 to Ukraine; funding will continue pending compliance

Currently the European Union is closely watching the Ukraine and its failure to ensure the respect for the freedom of the media and freedom of expression

Intimidation against journalists has caused much of the uncertainty

According to reports by the Committee to Protect Journalists, there has been an increase in the number of journalists in Ukraine who have been killed, kidnapped, physically attacked, or verbally assaulted

Ukraine’s challenges for EU entry

“EU Ukraine ENP Action Plan”. European Union. Web. 11 06 2012. http://ec.europa.eu/world/enp/documents_en.htm.“Attacks on the Press in Ukraine 2011”. Committee to Protect Journalist. Web. 10 18 2011 http://cpj.org/2012/02/attacks-on-the-press-in-2011-ukraine.php

Data by the Committee to Protect Journalists

PRIORITY action item for the Ukraine: Ensure respect for the freedom of the media and expression.

According to the EU-Ukraine Action Plan, Ukraine must focus on the following:

Further improve and enforce the legal and administrative framework for freedom of media; taking into account relevant Council of Europe recommendations

Ensure effective respect of freedom of media, including journalists’ rights

“EU Ukraine ENP Action Plan”. European Union. Web. 11 06 2012. http://ec.europa.eu/world/enp/documents_en.htm.

Client SituationClient Situation

The client, the government of Ukraine, is facing international criticism for the lack of attention placed on investigations in to current/former attacks on journalists. In addition, the country is being critiqued for the clear intimidation against journalists, including verbal threats, physical assaults, kidnappings, and death, such acts place in to serious threat the country’s ability to promote media freedom and

freedom of expression.

The client, the government of Ukraine, is facing international criticism for the lack of attention placed on investigations in to current/former attacks on journalists. In addition, the country is being critiqued for the clear intimidation against journalists, including verbal threats, physical assaults, kidnappings, and death, such acts place in to serious threat the country’s ability to promote media freedom and

freedom of expression.

Key IssuesKey Issues

What type of communications model exists in the EU?

What type of communications model exists in the Ukraine?

What assumptions about how the Ukraine can transition from one model to the other?

What type of communications policies and reforms should the Ukraine focus on at this time?

What factors and risks exist moving forward?

What type of communications model exists in the EU?

What type of communications model exists in the Ukraine?

What assumptions about how the Ukraine can transition from one model to the other?

What type of communications policies and reforms should the Ukraine focus on at this time?

What factors and risks exist moving forward?

DataData

Justice in Ukrainian journalist murders: 5: Journalist murders since 1992

3: Cases with no convictions, complete impunity 2: Cases in which assailants were convicted, but no

mastermindsAssaults on journalists over time (according to IMI)

• 2007: 8• 2008: 17• 2009: 9

• 2010: 13• 2011: 12

Justice in Ukrainian journalist murders: 5: Journalist murders since 1992

3: Cases with no convictions, complete impunity 2: Cases in which assailants were convicted, but no

mastermindsAssaults on journalists over time (according to IMI)

• 2007: 8• 2008: 17• 2009: 9

• 2010: 13• 2011: 12

Overview of Client Situation

According to the 2010 Press Freedom Index produced by Reporters Without Borders, Ukraine ranks 131 out of 178 next to countries like Iraq and Egypt for press freedom – a derisory showing for a country looking to join the European Union.

According to the 2010 Press Freedom Index produced by Reporters Without Borders, Ukraine ranks 131 out of 178 next to countries like Iraq and Egypt for press freedom – a derisory showing for a country looking to join the European Union.

“Press Freedom Index 2010”. Reporters Without Borders. Web. 11 06 2012.. http://en.rsf.org/press-freedom-index-2010,1034.html.Rowe, Sandra M. Attacks on the Press in 2011: A Worldwide Survey by the Committee to Protect Journalists. New York, NY: Committee to Protect Journalists, 2012. Print.

PACE makes recommendations for how to better protect the lives and freedom of expression of journalists

SituationSituation ApproachApproach Anticipated ResultsAnticipated Results

Client is dropping in rankings due to lack of respect towards the media

EU leadership became weary of Ukraine’s approaches towards the

media including intimidation of journalists

The Parliamentary Assembly of the Council of Europe (PACE)

questioned Ukraine:o Can countries like Ukraine limit their

involvement with silencing the media?o Are countries like Ukraine truly

committed to promoting democracy and human rights?

o Could policies be implemented and/or amended internally to better protect

freedom of expression?

Review current legislation to comply with European Union standards and implement recommendations from

PACE in the process to ensure there is a full integration of EU mandates

in to new laws and policies

Understand the significance of transitioning to a more liberal model towards communications policies to ensure freedom of expression can be fully granted; limit government

intervention

Short-term: Transform current media legislation to comply with European

Union law and regulationso Help build a more “free” societyo Ensure the people are able to

participate in public debate as information is disseminated to them

o Ensure information can be easily distributed and accessed to display commitment to human rights and

democracy building Long-term: Official EU entry

o Establish appropriate transition from Nationalist-Cultural model to more

liberal model to be

Where attacks against journalists can be carried out with impunity, democracy and the rule of law suffer. - PACE

“Resolution 1535 (2007): Threats to the lives and freedom of expression of journalists”. Parliamentary Assembly of the Council of Europe . Web. 11 06 2012. http://assembly.coe.int/Mainf.asp?link=/Documents/AdoptedText/ta07/ERES1535.htm

Ukraine must transition from a Nationalist – Cultural Model to be more liberal

Nationalist-Cultural Model

+freedom of expression is a human right

+elimination of state intervention in content

regulation

+protection of journalists’ rights

“Lecture 2: Global Communication Policy Models” Venturelli

Turning more liberal

This will ensure Ukraine’s media laws are properly transformed to comply with EU laws

Current Legislation

Legislation Notes

Constitution Article 15 and 34 address the need to not ban censorship and to promote freedom of expression

International Treaties Various international treaties have been implemented by Ukraine adopting the idea that freedom of expression is a human right and a right deserved by all

Law on Press Freedom Law grants print media the ability to function and suggests journalists should be able to print stories freely

Law on Information Law asserts Ukraine’s information sovereignty and determines the legal forms of international co-operation in the sphere of information

Law on Television and Radio Law established TV and Radio operations in Ukraine

“Ukraine Laws”. World Intellectual Property Organization. Web. 11 06 2012. http://www.wipo.int/wipolex/en/profile.jsp?code=UA

Key Takeaways from the Law of Ukraine “On Printed Mass Media (Press) in Ukraine”

1Allowing media organizations to function and report on social, economic and political issues is important in a democratic society. Each citizen should have the ability to freely express their opinions within a printed form and that what they print shall be free from censorship.

2Within the Law there is greater detail as to what it means to be a journalist, how to function as one, and how the journalist should report to his/her editorial staff for publication decisions. In addition, the law includes information on how to register a newspaper.

3The Law outlines that, “editorial staff of mass media uses author's materials, works of literature, science and art exclusively adhering to the legislation on intellectual property.”

4The Law continues to discuss the right for a legal entity or natural person to refute what is published if it is believed to be false.

“Law of Ukraine on Printed Mass Media (Press) in Ukraine”, World Intellectual Property Organization. Web. 11 06 2012. http://www.wipo.int/wipolex/en/details.jsp?id=6286

Analysis of the Law of Ukraine “On Printed Mass Media (Press) in Ukraine”

Current administration allows government

intervention in what is printed by the media;

nothing in the law restricts the state

State intervention can be exemplified through media intimidation; nothing in the

law protects journalists from this

Journalists live in fear for what they print – especially

when it is related to government corruption; free

flow of opinions and knowledge is not ensured by

this

Current law does not state the rights of journalists and the rights of the people to participate in the public

space of Ukraine

Current law is vague, works in theory but not in

implementation; allows Nationalist-Cultural model to

flourish

“Law of Ukraine on Printed Mass Media (Press) in Ukraine”, World Intellectual Property Organization. Web. 11 06 2012. http://www.wipo.int/wipolex/en/details.jsp?id=6286

PACE Resolution 1535:Threats to the lives and freedom of expression of journalists

PACE

Conduct investigations into the unresolved murders of journalists as well as attacks and death threats

against them

Develop effective policies for the greater safety of journalists and their right to carry out their work without

threats.

Establish a specific monitoring mechanism for identifying and analyzing attacks on the lives and

freedom of expression of journalists.

Freedom of expression and information in the media includes the right to express political opinions and

criticize the authorities and society, expose governmental mistakes, corruption and organized

crime, and question religious dogmas and practices. Adjustments needed for EU entry

“Resolution 1535 (2007): Threats to the lives and freedom of expression of journalists”. Parliamentary Assembly of the Council of Europe . Web. 11 06 2012. http://assembly.coe.int/Mainf.asp?link=/Documents/AdoptedText/ta07/ERES1535.htm

Recommendations

Intensify the language in current legislation to include a clause about

protecting the lives and opinions of its journalists

Add language stressing the removal of the government’s ability to control the content of the reporting in the national

media

Add language supporting the establishment of a monitoring

mechanism to investigate former/current attacks on Ukraine’s journalists

Implement training programs for government officials, judges, law

enforcement authorities and police in respecting media freedom, in particular as regards protection of journalists and

media against violent threats

Recommendations will help the Ukrainian government adopt a more liberal model towards communications; this will ensure Ukraine’s media laws are

properly transformed to comply with EU laws