Media representatives call on Rada not to adopt bill on liability for publishing data from registries
Media representatives and human rights NGOs are calling on the Verkhovna Rada not to adopt bill No. 10242, which provides for liability for journalists, in the current version.
This is stated in a statement by the Institute of Mass Information, Censor.NET reports.
They explained that the draft law continues to pose significant threats to freedom of speech, the work of journalists, the protection of journalistic sources and corruption whistleblowers in Ukraine.
"The bill increases criminal liability for the unauthorized dissemination of confidential information. By this, the legislator means placing confidential information from public registers in the public domain or other actions that create the possibility of free access to such information for an indefinite number of persons. This definition is contained in a note to Article 361 of the Criminal Code, and it has not undergone any changes compared to the text that was put to vote two weeks ago," IMI said in a statement.
The Institute of Mass Information explained that the bill does not take into account criticisms of the need to introduce effective protection mechanisms for persons who disclose confidential information in the public interest, including journalists and corruption whistleblowers.
"As we noted in our previous statement, even if there is a public need to disclose such information, the current provisions of the Laws of Ukraine "On Information" and "On Access to Public Information" aimed at protecting it may not be sufficient to protect journalists in courts under the updated version of Article 361-2 of the Criminal Code.
Despite the reduction of the relevant sanction, the proposed penalty of up to five years in prison for such actions during martial law remains disproportionate. Although this maximum sanction and the qualification of the crime as a minor offense does not allow for the use of covert investigative actions such as wiretapping and surveillance against journalists, this tool can still be used to prosecute journalists for investigations that are uncomfortable for the authorities," the statement said.
Thus, the provisions of bill No. 10242 in the updated version continue to contradict the principles of freedom of speech, protection of journalistic sources and whistleblowers enshrined in international documents, in particular in the recently adopted European Act on Freedom of the Media.
"Criminal liability for disclosure of confidential information from the registers should be accompanied by the creation of reliable mechanisms to protect journalists and corruption whistleblowers.
We call on People's Deputies not to vote for bill No. 10242, and on representatives of the Verkhovna Rada Committee on Law Enforcement to engage in a genuine dialogue with representatives of the media community to improve the system of criminal legislation in this area. Any new norms introduced by such bills should truly protect the state from the risks associated with data trafficking and massive information leaks, rather than limit the possibilities of public control over the authorities and contribute to creating an atmosphere of fear among journalists," IMI concluded.
The appeal has so far been signed by 38 representatives of the media and NGOs.
Bill on registers No. 10242
As a reminder, the head of the AntAC Vitalii Shabunin said the day before that the Rada was proposing to adopt draft law No. 10242, which would allow law enforcement officers to conduct covert investigative actions, in particular against journalists and the media.
Investigative journalist Mykhailo Tkach also called for the bill to be rejected. According to him, this will allow law enforcement to significantly increase control over journalists' sources and journalists themselves.
On December 4, the Verkhovna Rada failed to vote on bill No. 10242 on criminalizing unauthorized interference, sale or dissemination of information processed in public electronic registers. The draft law was sent back for a second reading.
