Ukrainian Parliament Commissioner for Human Rights Lyudmyla Denisova expressed her position toward the Law of Ukraine On media to Head of the parliamentary Committee on social policy and protection of veterans’ rights Halyna Tretyakova. Denisova stated that she does not support it as the law needs substantial revision as the ombudsman’s press service reported.
“The definition of particular names of the public authorities does not meet the rules of the legal technique and it will lead to the necessity to amend the law over time. Besides, the bill does not contain clear rules when the National Council of Ukraine on TV and Radio Broadcasting may demand blocking, the de-registration, or other ways of regulation of work of online media through court or without it,” the message said.
According to the ombudsman, Article 62 of the bill presents a closed list of cases, when the National Council makes a decision about license revocation without the participation of a court; however, Article 90 o the bill contradicts it. Thus, such an inconsistency creates the terms for the dual interpretation of the norms and their selective application.
“The possibility of early termination of the authorities of the National Council of Ukraine on TV and Radio Broadcasting after the proper decision of the Verkhovna Rada and President of Ukraine contradicts the norms of European Union Directive and EU Council on audio-visual media services that provide the independence of media regulator and its judicial disintegration from the governmental structures,” the message said.
According to Denisova, the procedure of appointment and dismissal of the heads of the regulatory establishments and bodies should be transparent, non-discriminatory, and guarantee regulator a proper level of independence.
According to the bill, only those broadcasters, which use the radio-frequency resources for earth broadcasting – FM radio and T2, will be licensed.
The chief body, which will monitor the media market, will be the National Council on TV and Radio Broadcasting. This body will register the mass media or abolish the registration of the media, which activity violates the law.
The bill provoked a lot of discontent among media workers, public organizations, and MPs. The National Union of Journalists of Ukraine criticized the law and urged the government to stop its discussion.