Changes expected from the new media law for online media, bloggers, and newspapers
President Volodymyr Zelenskyy has signed the law “On Media”, which will start transforming the media market in the coming months, according to SUG.
Ukrainian President Volodymyr Zelenskyy has signed the controversial bill “On Media”, which increases the authority of the National Council on Television and Radio Broadcasting and will reshape the media market rules.
Voluntary Registration for Websites and Newspapers and Online Media Under the Supervision of the National Council: The law introduces the concept of online media into the legal field and allows websites and newspapers to register voluntarily. However, registered newspapers must re-register within a year of the law coming into force, by March 31, 2024, to maintain their registered status. Otherwise, they can continue operating as unregistered media.
Websites and newspapers must apply to the National Council for Television and Radio Broadcasting using the specified form and provide the following information: 1) for a legal entity:
a) identification data;
b) the editorial control address, if different from the location address (for audiovisual, print, and online media);
c) contact details (phone number, email address);
d) full name of the legal entity's head
ґ) the ultimate beneficial owner (if applicable)
If a website plans to register as an individual entrepreneur, the application should include: a) identification data;
b) place of registration or service provision, contact details (phone number, email address)
Additionally, websites seeking registration must disclose the internet addresses where the media is accessible, and newspapers must provide name, type, and release frequency.
The law also allows for the voluntary registration of bloggers. Authors of the document stress that registration is required for oversight by the National Council. However, the law leaves room for regulation through a co-regulation body, formed with input from the media and National Council representatives.
Registration of online media offers the benefit of milder sanctions for similar violations compared to unregistered media, as well as the chance to receive a state grant. However, the financial activities of online media are more likely to face additional scrutiny from the National Council for Television and Radio Broadcasting.
Revised media law: The National Council for Television and Radio Broadcasting becomes the regulator for online media
This means that the regulator, in practice, has the authority to conduct inspections. Inspections may be ordered for reasons such as: 1) failure to provide, or untimely provision of, false or incomplete information. It is especially important to determine what constitutes untimely provision; 2) evidence of license violations from individuals, state bodies, legal entities, or local governments. Following an inspection, the regulator decides on sanctions against the media or takes no action.
Prohibit media owned by Russians and shut down sanctioned media without a court decision
The new law states that if Russian-connected individuals are found among the owners of existing media, the National Council will cancel the registration of such media.
The process of revoking the license of sanctioned media has been made easier. Now the National Council can do this by its own decision, whereas previously only a court decision could cancel a license.
Before the media law came into effect, licenses could only be cancelled based on a court decision.
Imposing sanctions, closing media without court decision, speeding up trials, and media amnesty
The law establishes different penalties for registered and unregistered media. Registered media can be fined for up to five minor violations in a month, while unregistered media can be fined for three violations.
A court-ordered ban on distribution for unregistered online media may happen after the third major violation, while for registered media it is after 4 violations. Disseminating information about the conflict between Ukraine and Russia as a civil conflict is considered a major violation.
The National Council is given the authority to issue a temporary distribution ban on sites, that is, to close them. The law specifies that only unregistered mass media can be closed without trial. However, the law does not clearly define the procedure for applying this sanction, which could lead to potential misuse by the National Council. Additionally, the National Council still has the power to impose fines.
The new law allows for cases against the media to be heard in court within 2 days. It is emphasized that expedited trials against the media will only take place if there is a threat to national security and to prevent unrest. Time will tell if this rule will be applied only in exceptional cases.
Transitional provisions of the law state that for a year after it goes into effect, i.e. until the end of March 2024, the National Council will issue orders for most violations without penalties, judicial restrictions, or penalties. However, this amnesty does not apply to violations related to disseminating unreliable information about armed aggression and the actions of the aggressor state, if this encourages violent change, undermining the constitution, or incites hatred.
New law on media: Joint regulation in the field of media
Another innovation of the document is joint regulation in the field of media with the participation of the National Council for Television and Radio Broadcasting and elected representatives of the media sphere.
The creation of co-registration bodies is envisaged with the participation of media workers and representatives of the National Council
For membership in a joint regulatory body, membership fees will have to be paid, the amount of which will be determined by the board of the joint regulatory body. Media professionals who have been on the market for less than 3 years cannot be a member of the joint regulatory body. However, the issue of admitting new members to the joint regulatory body will be decided by its board.
The powers of the joint regulatory body include the development of codes (rules) for the dissemination of information . They must be approved by the National Council. That is, theoretically, the co-regulation body influences the issuance of fines and other sanctions against the media. However, the law allows you to ignore the operating time of the body. Also, the National Council can act with other developments on media regulation issues. That is, to multiply by zero the very idea of co-regulation.
Yaroslav Konoshchuk
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