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Russian propaganda was that Ukraine would take action against media outlets that published critical statements about its government officials (Photo: Mick Haupt)

Opinion

The current state of independent media in Ukraine

Russia is keeping up its disinformation efforts in Ukraine. Empowering our nation's independent media serves as a mighty weapon against these efforts. 

Yet for Ukraine itself and its authorities, the independence of the media presents the flip side of the coin. A truly-independent media outlet knows no limits on what and who to write about, not to mention cases of corruption or wrongdoings of high-ranking public officials. 

No wonder, by tackling disinformation, revealing corruption inside Ukraine, and playing an impeccable role in reserving democracy during the war, independent journalists have uncounted enemies to deal with. Therefore, protecting independent journalists and granting them the required freedoms is an important challenge for our nation in these tough times.

A year ago, I became the head of the parliamentary committee on freedom of speech. From that point on, my main objective has been to expand opportunities for free media and to strengthen their communication with the parliament.

As part of these efforts, in June 2024, together with key Ukrainian civil society players, we introduced draft law No. 11321. In the second week of January 2025, 286 out of 337 lawmakers present that day approved the measure. 

Following the journalists’ appeals and EU Commission recommendations, the law ensures the openness and transparency of parliamentary committee meetings, most of which have been held behind closed doors since the Covid era. Furthermore, the law provides more opportunities for media outlets to defend their rights and withstand constant attacks on their independence.

Predictably, this did not sit well with the Russian propaganda machine.

The next day after the law was adopted, Telegram's propaganda channels — known for spreading disinformation — began circulating posts to discredit the law. According to sources in the National Security and Defence Council of Ukraine, one of the first such posts appeared on a channel with the express purpose of defaming the Ukrainian government.

Sadly, these Russia-led themes were also shared by certain domestic news outlets.

New statute

Russian propagandists' central fallacy was that Ukraine would take action against media outlets that published critical statements about government officials.

In reality, news organisations will discover a way to safeguard their interests through a new statute.

As thanks to the law, the journalists can save time and money on legal defence by voluntarily deleting comments within three days if they are sued over them.

At the same time, if the media considers an appeal to the court about the user’s comment as such that threatens the freedom of speech, it can still defend its position in court, as its is required according to the principle of the rule of law. In summary, the removal of the comments following the appeal to the court is merely an option, not a requirement. 

This clause was specifically requested by representatives of the media.

Moreover, as early as 2015, the European Court of Human Rights (ECHR) effectively obliged media outlets and bloggers to moderate content under their own materials (Delfi AS v. Estonia). Thus, the possibility of lawsuits over user comments is standard practice in any developed country.

At this very moment, the bill is in the signature-request stage with president Volodomy Zelensky.

The failure of the draft law No. 10242 last year is an additional indication that the independent media have a support base in the parliament.

The law would have imposed substantial obligations on investigative journalists, including the imposition of severe penalties for them and their sources who obtain data from closed government registers.

Nevertheless, the draft law was not passed by parliament, largely thanks to the active involvement of Ukrainian media and civil society activists. At present, the proposed law is still pending a second reading, as indicated on the parliament's website.

Nevertheless, the initiative has already become toxic for the majority of MPs, as evidenced by the previous attempts. 

Re-opening access to parliament

Re-establishing access for journalists to the Verkhovna Rada [Ukraine's parliament] was another significant step last year. It is of the utmost importance that media continue to report the operations of the country's sole legislative body, even when there are restrictions during martial law.

The legislative building currently only allows up to 30 media representatives at a time due to security concerns. 

While these kinds of measures represent our first steps in moving towards a greater transparency of the parliament’s work, this is an important development, as journalists were previously unable to enter or even visit the parliament building during Russia's full-scale invasion of Ukraine. Consequently, after a break of over two years, the media resumed their duties in the Rada.

The de-anonymisation of Telegram channel owners, especially those spreading Russian propaganda, is one of the next steps we plan to make the job of professional journalists easier  and combating disinformation.

A solution that satisfies the requirements of the European Digital Services Act, solves the problems with the country's security, and gets people ready to utilise social media under these new circumstances is now up to the Verkhovna Rada.

The adoption of the mentioned initiatives is a significant step forward, but the fight is far from over.

Protecting independent journalism and ensuring its growth must remain a national priority, as its strength is integral not only to countering propaganda but also to safeguarding Ukraine’s democratic future amidst the challenges of war.

Disclaimer

The views expressed in this opinion piece are the author’s, not those of EUobserver

Author Bio

Yaroslav Yurchyshyn is a Ukrainian MP, and head of the parliamentary committee of freedom on speech.

Russian propaganda was that Ukraine would take action against media outlets that published critical statements about its government officials (Photo: Mick Haupt)

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Author Bio

Yaroslav Yurchyshyn is a Ukrainian MP, and head of the parliamentary committee of freedom on speech.

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