Ukraine
[UA] Co-regulation body for audiovisual media established
IRIS 2024-4:1/15
Andrei Richter
Comenius University (Bratislava)
According to the recently adopted Statute of Ukraine “On the Media” (See: IRIS 2023-1:1/6 and IRIS 2023-5:1/15) (Chapter VII, Art. 92-96), “joint media regulation is a combination of functions and means of state regulation and industry self-regulation. These ensure the involvement of media actors in developing and determining the requirements for the content of information disseminated by the media, as well as to prevent censorship and abuse of freedom of speech” (Art. 92).
On 6 March 2024, the first institution of joint media regulation, officially titled “Co-regulatory Body for Audiovisual Media”, was established at the meeting of its founders representing private and public audiovisual media entities. The institution has been established in the legal form of a public association. The meeting approved the by-laws of the new entity, the governing bodies, and applied for its registration to the Ministry of Justice of Ukraine.
To ensure the implementation of the goals stated in the Statute of Ukraine “On the Media”, the Co-regulatory Body for Audiovisual Media intends to “develop and approve codes (rules) for creating and disseminating information, ensuring the functioning of the mechanism for providing opinions, as well as conducting analytical, expert, research, educational and methodological activities”, as stated in the Protocol of the founding meeting. In particular, it will form expert panels (“collegiums”) that will review complaints on violations of the relevant codes/rules.
The Co-regulatory Body for Audiovisual Media will work under the patronage of the national media regulator, the National Council, which vets the codes (rules) and expert panels, proposed by the former. The opinions of the expert panels are not mandatory for the National Council. Among the “co-regulatory bodies”, still to be established in line with the Statute “On the Media”, are those for online media and video-sharing platforms (Art. 93). The Co-regulatory Body for Audiovisual Media is to be funded by its founders. It may also apply for other sources of funding in line with the national regulation of the activity of public associations. The premises for the meetings of the expert panels are to be provided by the National Council.
References
- ПРОТОКОЛ №1 установчих загальних зборів громадської спілки «Орган спільного регулювання у сфері аудіовізуальних медіа-сервісів»
- https://webportal.nrada.gov.ua/wp-content/uploads/2024/03/Protokol-1-ustanovchyh-Zboriv-zasnovnykiv-GO_RED.pdf
- Protocol No 1 of the founding meeting of public association “Co-regulatory Body for Audiovisual Media”, Kyiv, 6 March 2024.
- ЗАКОН УКРАЇНИ Про медіа
- http://www.golos.com.ua/article/367279
- Statute of Ukraine “On the Media”, 13 December 2022, No. 2849-IX
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This article has been published in IRIS Legal Observations of the European Audiovisual Observatory.