Ukraine

[UA] National regulator explains registration of video-sharing platforms

IRIS 2026-3:1/14

Andrei Richter

Comenius University (Bratislava)

On 5 January 2025, the National Council on Television and Radio (NCTR), the independent media regulator in Ukraine, issued explanations and clarifications regarding the registration by the NCTR of certain media services that do not use radio frequencies.

The NCTR specifically referred to the formula of paragraph 38 of part 1 of Article 1 (Definitions of notions) of the 2022 Statute “On the Media” which defines a “video-sharing platform” as a platform

“a separate part of which or an integral functionality of which is the distribution to a general audience for informational, entertainment or educational purposes of programmes and/or user-generated videos, over which the video-sharing platform provider does not exercise editorial control (editorial responsibility), if such distribution takes place via electronic communications networks and is organised by such a provider, including using automatic means or algorithms, in particular with regard to display, marking (tagging) and ordering of the playback sequence”.

The NCTR focuses on the registration of individual accounts (channels) on services such as YouTube, Tik Tok and Twitch. If the account holder distributes programmes under editorial control (clause 42 of part 1 of Article 1 of the Statute “On the Media”) and their activities have the characteristics of audiovisual media (linear or non-linear television or radio broadcasting), they are obliged to register with the NCTR as an entity that broadcasts without using the radio spectrum, or as an entity in the field of audiovisual media on demand.

Entities that regularly distribute audiovisual content on platforms under editorial control and under a permanent name but do not have the characteristics of audiovisual media have the right, if there are appropriate grounds, to voluntarily register as entities in the field of online media (clause 30 of part 1 of Article 1, clause 36 of part 1 of Article 1, part 3 of Article 16 of the Statute “On the Media”).

If, for example, a person distributes user-generated content (clause 24 of part 1 of Article 1 of the Statute) about their personal life in a “non-systematic” way, or videos that do not have the characteristics of programme features and do not have call signs/logos or a permanent name, and if that person reposts materials of other account holders, informs about the activities of a legal entity, etc., then they do not act as a media entity and such dissemination of information does not fall within the scope of the Statute “On the Media” (Article 2).

In February 2026, the NCTR began registering such channels as non-linear media services, starting with a first batch of 13 channels.