1. Ukraine’s roadblock to the EU: attacks on the press
Analysis presented by Una Hrnjak
SIS 645
July 1, 2012

2. Agenda
 Background
 EU and the Ukraine
 Priority Action Item for the Ukraine
 Client Situation
 Situation, Approach, Results
 Overview of current legislation
 Law of Ukraine “On Printed Mass Media (Press) in Ukraine”
– Background
– Analysis
 PACE Resolution 1535
 Recommendations and Next Steps

3. Background
 Ukraine gained its independence in 1991 after the break up of the USSR
• Ukraine signed a Constitution promoting human rights –
including granting its citizens freedom of speech and expression
• Ukraine started a transition from a communist society to a democratic one
 Ukraine has aggressively pursued an agenda of ambitious reforms to promote democracy
and the market economy to become closer to the EU.
 According to the 2004 EU-Ukraine Action Plan — Ukraine must address the following:
• Further strengthening the stability and effectiveness of institutions guaranteeing democracy and
the rule of law
• Ensuring the democratic conduct of presidential elections in Ukraine in accordance with OSCE
standards
• Ensuring respect for the freedom of the media and freedom of expression
• Enhanced co-operation in the field of disarmament and non-proliferation
• Enhance the investment climate
“EU Ukraine ENP Action Plan”. European Union. Web. 11 06 2012. http://ec.europa.eu/world/enp/documents_en.htm.

4. The EU promotes the following themes for EU entry
 Democracy
 Rule of law
 Human rights
 Economic development
 Regional cooperation
Countries: The EU has 27 Member
Countries, 1 acceding country (Croatia),
5 official candidate (e.g. Serbia, Turkey),
and 3 potential candidates (e.g. Kosovo)

5. Ukraine’s challenges for EU entry
 The European Community alone has provided assistance
totaling almost € 2.4 billion since 1991 to Ukraine;
funding will continue pending compliance
 Currently the European Union is closely watching the
Ukraine and its failure to ensure the respect for the
freedom of the media and freedom of expression
 Intimidation against journalists has caused much of
the uncertainty
 According to reports by the Committee to Protect
Journalists, there has been an increase in the number of
journalists in Ukraine who have been killed, kidnapped,
physically attacked, or verbally assaulted
Data by the Committee to
Protect Journalists
“EU Ukraine ENP Action Plan”. European Union. Web. 11 06 2012. http://ec.europa.eu/world/enp/documents_en.htm.
“Attacks on the Press in Ukraine 2011”. Committee to Protect Journalist. Web. 10 18 2011 http://cpj.org/2012/02/attacks-on-the-press-in-2011-ukraine.php

6. PRIORITY action item for the Ukraine: Ensure respect for the
freedom of the media and expression.
According to the EU-Ukraine Action Plan, Ukraine must focus on the following:
Further improve and enforce the legal and
administrative framework for freedom of media;
taking into account relevant Council of Europe
recommendations
Ensure effective respect of freedom of media,
including journalists’ rights
“EU Ukraine ENP Action Plan”. European Union. Web. 11 06 2012. http://ec.europa.eu/world/enp/documents_en.htm.

7. Overview of Client Situation
Client Situation
The client, the government of Ukraine, is facing international criticism for the lack of attention placed
on investigations in to current/former attacks on journalists. In addition, the country is being critiqued
for the clear intimidation against journalists, including verbal threats, physical assaults, kidnappings,
and death, such acts place in to serious threat the country’s ability to promote media freedom and
freedom of expression.
Key Issues Data
 What type of communications model exists in the EU? Justice in Ukrainian journalist murders:
 5: Journalist murders since 1992
 What type of communications model exists in the Ukraine?  3: Cases with no convictions, complete impunity
 2: Cases in which assailants were convicted, but no
 What assumptions about how the Ukraine can transition from
masterminds
one model to the other?
Assaults on journalists over time (according to IMI)
 What type of communications policies and reforms should • 2007: 8
the Ukraine focus on at this time? • 2008: 17
• 2009: 9
 What factors and risks exist moving forward? • 2010: 13
• 2011: 12
According to the 2010 Press Freedom Index produced by Reporters Without Borders, Ukraine ranks 131 out of 178 next
to countries like Iraq and Egypt for press freedom – a derisory showing for a country looking to join the European Union.
“Press Freedom Index 2010”. Reporters Without Borders. Web. 11 06 2012.. http://en.rsf.org/press-freedom-index-2010,1034.html.
Rowe, Sandra M. Attacks on the Press in 2011: A Worldwide Survey by the Committee to Protect Journalists. New York, NY: Committee to Protect Journalists, 2012. Print.

8. PACE makes recommendations for how to better protect the lives
and freedom of expression of journalists
Situation Approach Anticipated Results
 Client is dropping in rankings due to  Review current legislation to comply  Short-term: Transform current media
lack of respect towards the media with European Union standards and legislation to comply with European
implement recommendations from Union law and regulations
 EU leadership became weary of PACE in the process to ensure there o Help build a more “free” society
Ukraine’s approaches towards the is a full integration of EU mandates o Ensure the people are able to
media including intimidation of in to new laws and policies participate in public debate as
journalists information is disseminated to them
 Understand the significance of o Ensure information can be easily
 The Parliamentary Assembly of the transitioning to a more liberal model
Council of Europe (PACE) distributed and accessed to display
towards communications policies to commitment to human rights and
questioned Ukraine: ensure freedom of expression can democracy building
o Can countries like Ukraine limit their be fully granted; limit government
involvement with silencing the media?  Long-term: Official EU entry
intervention
o Are countries like Ukraine truly o Establish appropriate transition from
committed to promoting democracy and Nationalist-Cultural model to more
human rights? liberal model to be
o Could policies be implemented and/or
amended internally to better protect
freedom of expression?
Where attacks against journalists can be carried out with impunity, democracy and the rule of law
suffer. - PACE
“Resolution 1535 (2007): Threats to the lives and freedom of expression of journalists”. Parliamentary Assembly of the Council of Europe . Web. 11 06 2012.
http://assembly.coe.int/Mainf.asp?link=/Documents/AdoptedText/ta07/ERES1535.htm

9. Ukraine must transition from a Nationalist – Cultural Model to be
more liberal
Turning more liberal 
+freedom of expression
is a human right
+elimination of state
Nationalist-Cultural Model intervention in content
regulation
+protection of
journalists’ rights
This will ensure Ukraine’s media laws are properly transformed to comply with EU laws
“Lecture 2: Global Communication Policy Models” Venturelli

10. Current Legislation
Legislation Notes
Constitution Article 15 and 34 address the need to not ban censorship and to promote freedom of
expression
International Treaties Various international treaties have been implemented by Ukraine adopting the idea that
freedom of expression is a human right and a right deserved by all
Law on Press Freedom Law grants print media the ability to function and suggests journalists should be able to
print stories freely
Law on Information Law asserts Ukraine’s information sovereignty and determines the legal forms of
international co-operation in the sphere of information
Law on Television and Radio Law established TV and Radio operations in Ukraine
“Ukraine Laws”. World Intellectual Property Organization. Web. 11 06 2012. http://www.wipo.int/wipolex/en/profile.jsp?code=UA

11. Key Takeaways from the Law of Ukraine ―On Printed Mass Media
(Press) in Ukraine‖
Allowing media organizations to function and report on social, economic and political
issues is important in a democratic society. Each citizen should have the ability to freely
1 express their opinions within a printed form and that what they print shall be free from
censorship.
Within the Law there is greater detail as to what it means to be a journalist, how to function
as one, and how the journalist should report to his/her editorial staff for publication
2 decisions. In addition, the law includes information on how to register a newspaper.
The Law outlines that, “editorial staff of mass media uses author's materials, works of
literature, science and art exclusively adhering to the legislation on intellectual property.”
3
The Law continues to discuss the right for a legal entity or natural person to refute what is
published if it is believed to be false.
4
“Law of Ukraine on Printed Mass Media (Press) in Ukraine”, World Intellectual Property Organization. Web. 11 06 2012. http://www.wipo.int/wipolex/en/details.jsp?id=6286

12. Analysis of the Law of Ukraine ―On Printed Mass Media (Press) in
Ukraine‖
Journalists live in fear for
Current administration
State intervention can be what they print – especially
allows government
exemplified through media when it is related to
intervention in what is
intimidation; nothing in the government corruption; free
printed by the media;
law protects journalists from flow of opinions and
nothing in the law restricts
this knowledge is not ensured by
the state
this
Current law does not state Current law is vague, works
the rights of journalists and in theory but not in
the rights of the people to implementation; allows
participate in the public Nationalist-Cultural model to
space of Ukraine flourish
“Law of Ukraine on Printed Mass Media (Press) in Ukraine”, World Intellectual Property Organization. Web. 11 06 2012. http://www.wipo.int/wipolex/en/details.jsp?id=6286

13. PACE Resolution 1535:Threats to the lives and freedom of
expression of journalists
Conduct investigations into the unresolved murders of
journalists as well as attacks and death threats
against them
Develop effective policies for the greater safety of
journalists and their right to carry out their work without
PACE threats.
Establish a specific monitoring mechanism for
identifying and analyzing attacks on the lives and
freedom of expression of journalists.
Freedom of expression and information in the media
includes the right to express political opinions and
criticize the authorities and society, expose
governmental mistakes, corruption and organized
crime, and question religious dogmas and practices.
Adjustments needed for EU entry
“Resolution 1535 (2007): Threats to the lives and freedom of expression of journalists”. Parliamentary Assembly of the Council of Europe . Web. 11 06 2012.
http://assembly.coe.int/Mainf.asp?link=/Documents/AdoptedText/ta07/ERES1535.htm

14. Recommendations
 Intensify the language in current
legislation to include a clause about
protecting the lives and opinions of its
journalists
 Add language stressing the removal of
the government’s ability to control the
content of the reporting in the national
media
 Add language supporting the
establishment of a monitoring mechanism
to investigate former/current attacks on
Ukraine’s journalists
 Implement training programs for
government officials, judges, law
enforcement authorities and police in Recommendations will help the Ukrainian government adopt a more liberal
respecting media freedom, in particular model towards communications; this will ensure Ukraine’s media laws are
as regards protection of journalists and properly transformed to comply with EU laws
media against violent threats