lmost four years after the Orange Revolution, significant problems still plague Ukraine’s media sector. The Yushchenko administration has been vocal in its support of independent media but ineffectual in pushing for much-needed reform

and legislation guaranteeing the rights of journalists. Independent media continue to be the target of subtle and sophisticated forms of censorship. Authorities target advertisers who provide needed revenue to media outlets, while powerful private interests use libel cases to punish journalists for engaging in investigative reporting. With a widespread financial crisis severely weakening the Ukrainian economy, independent media face the threat of closure or consolidation in the hands of politically connected oligarchs. Steps must be taken quickly to create a viable public broadcasting system, build the capacity of journalist associations, and develop regional centers to improve the exchange of information and skills within the profession. Without urgent action, recent gains in the liberalization of Ukrainian society could be set back indefinitely.

—Ihor Lylo, January 29, 2009

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IntroductionIntroduction

“Were it left to me to decide whether we should have a government without newspapers, or newspapers without a government, I should not hesitate a moment to prefer the latter.”

Thomas Jefferson

Media in Early Post-Independence UkraineMedia in Early Post-Independence Ukraine

Explosion of new media ventures capitalizing on newly acquired freedom of speech

Obstacles and setbacks to the consolidation of independent media quickly emerged Lack of trained journalists Legacy of Soviet structures and practices of

journalism Early forms of editorial self-censorship that restricted

the selection and pursuit of stories

The Kuchma Regime (1996-2004)The Kuchma Regime (1996-2004)

Consolidation of a “party of power”Rise of the ‘oligarchs’ as political and

economic forces in the countryGradual weakening of independent media

and basic political liberties

Types of Pressure on JournalistsTypes of Pressure on Journalists

The use of ‘temnyky’ Informal ‘instructions’ issued from the Office of the President

to media outlets that dictate the type of stories and content to run

Tax inspections and undue licensing regulations Authorities regularly shut down opposition outlets or refused

to grant licenses to journalists accused of criticizing the regime

Violence and intimidation

Georgiy Gongadze (1969-2000)

Ihor Oleksandrov ( -2001)

Media during the Orange Media during the Orange RevolutionRevolution

Internet news sites, such as ‘Maidan’ and ‘Ukrainska Pravda,’ provided citizens with objective information about the electoral process. The media landscape was itself dramatically

revolutionized by the success of Internet-based journalism.

Several owners capitulated to the rising tide of opposition, unlocking television and radio stations from the grip of oligarchs

Expectations were high that the new President Yushchenko would work to strengthen independent media

Types of Media in UkraineTypes of Media in Ukraine

Type of Media Pros Cons

State-funded

National reach Best infrastructureEstablished audience base

Poorly funded Lack of trained specialists

Private

Modern, adaptive, and dynamic Large advertising revenues Able to attract professionals

Owners have affiliation with political parties

Lack of objectivity

Local / Community Conveys vital, unfiltered

information directly to consumers

Meagerly funded by local budgets Minimal reach and impact

Internet

Low operational costs Independent ownership Credible source of information

Computer access low Limited reach

Problems Facing Independent Problems Facing Independent MediaMedia

Continuing pressure from state authoritiesVulnerability of journalists to libel casesCorruption and loss of public trustRegional divisions and conflicting sources of

information

Continuing Pressure from State Continuing Pressure from State AuthoritiesAuthorities

Authorities target advertisers to block sources of revenue to private media outlets

Investigations of state corruption are often obstructed or delayed by officials Although a Freedom of Information Act exists, a lack

of enforcement prevents journalists from accessing records.

Violence committed in the past against journalists has gone unprosecuted.

Vulnerability of Journalists to Libel Vulnerability of Journalists to Libel CasesCases

Journalists often face libel and slander cases that deter investigations and coverage of illicit activities.

‘Libel Tourism’ to the United Kingdom Rinat Akhmetov and the case against the website

“Obozrevatel” and the newspaper Kiev Post

Journalists lack the legal knowledge to protect their rights and fight the cases against them.

Corruption and the Loss of Public TrustCorruption and the Loss of Public Trust

The use of ‘jeans’ as the successor to ‘temnyky’ Authorities and political parties now pay for material

to be published and/or broadcast without any disclosure rules.

Private owners display strong allegiance to political parties and ideologies News content may become distorted according to the

dictates of owners.

Confidence in the PressConfidence in the Press

Trust in Various ProfessionsTrust in Various Professions

Regional DivisionsRegional Divisions

Lack of unity due to linguistic and cultural differences across the regions of Ukraine

Residents consume information in Russian, Ukrainian, and English depending on their location

The origin of each media source affects its content as well as may contribute to increased fragmentation of society The 2008 Russia-Georgian conflict Recent spat over gas supplies between Russia and

Ukraine

RecommendationsRecommendations

Create a viable public broadcasting systemBuild the capacity of independent journalist

associationsEducate journalists on media law and protecting

their rightsEstablish centers to increase cooperation and

exchange information between local, regional, and national media

Promote the use of the Internet as an alternative to dependence on state and media owners

Strengthen university-based media outlets

History of Public Broadcasting History of Public Broadcasting LegislationLegislation

Year Action Taken

1997 Draft legislation passed by Parliament; vetoed by President Kuchma

2000 Draft legislation passed by Parliament; vetoed by President Kuchma.

2005Draft law fails on second reading, never reaching President

Yushchenko.

2007Declaration on Mutual Cooperation is signed by heads of regulatory

bodies.

2008 President Yushchenko signs decree on need for public broadcasting.

Other Obstacles and Remaining Other Obstacles and Remaining QuestionsQuestions

The death of Alexander Kryvenko, President of Ukrainian Public Radio

Who will choose the leadership of the station?Where will the resources and finances come

from to equip the new body? Should the state-run television be liquidated to make

room for a public broadcaster?

Public Broadcasting Public Broadcasting RecommendationsRecommendations

Governing council is established to choose management of public broadcaster 8-12 representatives elected to five-year terms Nomination slots allotted to Office of the President,

political parties, civil society organizations, and journalist associations

Budget allocated and guaranteed by Parliament, but administered solely by broadcasting management

Tax levied on citizens to fund programmingOversight enforced by watchdog civil society

organizations to ensure the absence of political influence

Develop Existing Associations of Develop Existing Associations of JournalistsJournalists

Low penetration and efficacy of journalist associations

Associations must develop capabilities in the following two areas: Increased lobbying power to influence legislation on

information, media, and revealing sources (shield law) Greater attention paid to exchanging experience and

investigative skills through cooperative professional activities

Media Law and Protecting the Rights of Media Law and Protecting the Rights of JournalistsJournalists

Run trainings and educational programs on Ukrainian media law for both young and experienced journalists

Expand the ‘Association of Media-Lawyers of Ukraine’ to provide better assistance to regional and local journalists

Create a fund to assist journalists seeking legal aid when confronted with libel cases

Centers for Cooperation and Information Centers for Cooperation and Information ExchangeExchange

The media market in Ukraine is currently dominated by national players.

Greater links must be developed between local/ regional journalists and those working in larger cities

Assistance to Internet-based Assistance to Internet-based JournalistsJournalists

Create websites that encourage ‘citizen journalists’ to submit original investigations on social and political subjects (break the monopoly of oligarch-controlled media)

Support internet education in schools and universities

Promote ventures designed to translate and distribute information from foreign media outlets

Encourage the use of internet forums, blogging, and social networking technologies as additional avenues for public discussion and debate

Promotion of University-based Media Promotion of University-based Media OutletsOutlets

Raise the profile and quality of university media as more independent sources of information

More professional exchanges and programs to train both students and educators of journalism

Establish networks of university newspapers and radio stations representing each region of Ukraine

ConclusionConclusion

The changing media landscape and market in Ukraine Growth in Internet access Effect of financial crisis on ownership and viability of

media outlets