Legal reform remains a challenge for media in Ukraine to stay on path of reform

Following the Orange revolution in 2004, media in Ukraine witnessed a genuine momentum to improve press freedom. The number of imprisoned journalists dropped substantially; new broadcasters and print media appeared on the market and (foreign) investments in the media increased, and the system of Temniki (instructions from the Presidential Administration to the media) was abandoned.

Media law does not concur with European standards

However challenges still persist for media in Ukraine. Current legislation concerning media in Ukraine does not concur with European standards falling short of providing securely, fairly and transparently regulated independent media.

Furthermore, the ownership of national broadcast and print media remains widely controlled by oligarchs and politicians who have historically used their media to serve their own interests.

For Ukraine to continue on the path of reform of its democratic institutions and its economy, these issues need to be addressed. Consequently, the overall objective of IMS activities is to ensure that the media community in Ukraine is protected and regulated by a media policy and legislative environment based on international norms and standards.

IMS support

IMS activities include assistance to a media policy and legislative reforms as well as to prepare a broader-based programme that will pave the way for reform of secondary legislation such as the statutes of mediarelated government bodies/committees, training and assistance to the judiciary and media lawyers as well as public awareness raising activities.

The programme is implemented with OSCE as the partner on the ground in Ukraine. To ensure the highest degree of inclusion of all key actors, OSCE is closely cooperating with the “National Commission on Freedom of Speech and Development of the Media” that acts as a consultative body for the programme. Members of the Commission enjoy a high standing in society and the Commission has broad representation of local groups of interests that provides for local ownership as well as bridging positions of different groups.

Building legal expertise on media laws

The program is also including training of judges and lawyers provided by international experts as a means to build expertise inside Ukraine to secure a sustainable development towards press freedom.

Legal reform is often hampered by a lack of domestic expertise and capacity, and in Ukraine there are not enough domestic media lawyers to draft laws, advise the government, and work with the industry and monitor implementation all at the same time. Similarly, the Judiciary needs assistance in order to correctly interpret and implement the new legislation as it takes shape.

The structure of activities follows a model, whereby an “Academy” is established where key Supreme Court judges are trained by very senior international judges and lawyers applying a training of trainers approach. This method enables the Ukrainian Supreme court judges to conduct in-house courses to follow up or brush up on the training provided by IMS.