FOR INTERNAL USE ONLY - Article 19

ARTICLE 19GLOBAL CAMPAIGN FOR FREE EXPRESSIONfreedom of expression and freedom of information, some of which had already started before theOrange Revolution. 9*,& / The Orange Revolution fostered free expression and put an end to direct censorship on television,which had previously been widely practised. It also increased awareness of the need for mediafreedom and opposition to media manipulation.As a result of years of campaigning for media freedom and legal reform by civil society andmedia groups, some positive reforms had already been introduced before the Orange Revolution.Among these were new legal provisions that increased harmonisation of Ukraine’s law withinternational standards on free expression. Amendments 10 passed in 2003 include provisions whichstipulate that: there is no liability for breach of confidentiality when the disclosure of information is inthe public interest; public bodies cannot sue for defamation; 11 and plaintiffs must pay up-front apercentage of the amount claimed in damages when they file a lawsuit. Although there is still someabuse of defamation legislation and disproportionate awards continue to be handed down, theincidence of defamation cases against journalists and the sums awarded in damages have substantiallydecreased.Some advances and debates in the area of freedom of expression have also been made possibleby public consultation bodies and official committees working in this area, such as the ParliamentaryCommittee on Freedom of Speech. 12The print media are diverse and often criticise the authorities. At the end of 2005 there were22,794 registered publications in Ukraine, of which 9,984 were nation-wide or regional and 12,864local. 13 Many newspapers have both Russian and Ukrainian versions, and there are several popularRussian-language tabloids. The main newspapers are: Fakty i Kommentari (daily, circulation 761,000),Segodnya (daily, 849,000), Vechernye Vesti (daily, 500,000), and Silski Visti (daily, 430,000) andUkrayina Moloda (daily, 163,000) 14 State newspapers include Holos Ukrayiny (parliamentarynewspaper, 180,000) and Uriadovyi Kurier (124,441). The outspoken Zerkalo Nedeli (weekly, 57,000)9 Positive developments regarding the media are outlined below (Section 1.2).10 Law ‘On the Insertion of Changes to Certain Laws of Ukraine to Support the Right to Freedom of Speech’,2003.11 The authorities can now only request the refutation of false information but have no right to claim damages.12 There are also a State Committee on TV and Radio, a National Commission under the PresidentialAdministration and a National Council on TV and Radio working on freedom of expression.13 Data of the Ukrainian Press Academy, reported in US Department of State, Country Reports on Human RightsPractices: Ukraine, 2006, http://www.state.gov/g/drl/rls/hrrpt/2006/78846.htm. However, these figures indicatemedia outlets that are formally registered. In practice over 50% of them are not published.14 BBC, ‘The Press in Ukraine’, http://news.bbc.co.uk/1/hi/world/europe/4073375.stm.For Internal Use Only. Is Post-Chornobyl Ukraine Ready for Access to Environmental Information?ARTICLE 19, London, 2007+