France

[UA] Transparency of broadcasting enforced

IRIS 2015-10:1/28

Andrei Richter

Comenius University (Bratislava)

The Ukrainian Supreme Rada (Parliament) adopted, on 3 September 2015, the Statute “On amendments to certain statutes of Ukraine as to the provision of transparency of property of the mass media and implementation of the national policy in the field of television and radio broadcasting” (Про внесення змін до деяких законів України щодо забезпечення прозорості власності засобів масової інформації та реалізації принципів державної політики у сфері телебачення і радіомовлення).

The Statute introduces changes into the Ukrainian Statute “On TV and Radio Broadcasting” (see IRIS 2006-5/34) and “On the National Television and Radio Broadcasting Council” (see IRIS 1998-4/14).

In particular, the amendments make more detailed and thorough demands to broadcasters, as well as operators of digital terrestrial multiplexes and cable TV networks in relation to transparency of these businesses. They provide for the disclosure by entities that directly and/or indirectly control, influence and/or own such businesses, of an annual online publication of data on property structure and on end beneficiaries, including their full names, date of birth, nationality and address, as well as changes thereof. Control over the implementation of the law is entrusted with the National Television and Radio Broadcasting Council (the audiovisual media regulator).

The amendments also impose on the National Television and Radio Broadcasting Council, as the sole licensing body, an obligation to publish detailed explanations of the motives of its decisions in each of its acts that affect individual licence-holders or applicants for a licence. It includes references to the particular legal provisions, a narration of proven circumstances, and considerations of the Regulator.

The amendments introduce a blanket ban on ownership of or participation in television and radio entities, and multiplex and cable operators for entities and entrepreneurs that are registered in the offshore zones, as defined in a list to be approved by the Government. There will also be a blanker ban for natural persons and legal entities that are residents in a country recognized by the Supreme Rada as an aggressor-state or an occupying state.  Previously the Russian Federation was recognized as such a state by a Decree of the Supreme Rada (see IRIS 2015-5/37).

The amendments entered into force on 1 October 2015. Within six months from this date, the subjects of this Statute shall provide first reports on their property ownership and control.

Dunja Mijatović, the OSCE Representative on Freedom of the Media, welcomed the new legislation and expressed her trust that these legislative measures “will be effectively implemented to foster diversity and editorial independence of all Ukrainian media outlets.”