The Verkhovna Rada of Ukraine considered a draft law, which, according to many, could be a blow to the fundamental rights of citizens. The document provides for criminal liability for disclosing data from public registers, but its wording is so vague that journalists, activists and anyone who dares to expose corruption schemes or other government crimes are under attack.
If this law enters into force, any exposure of corruption or public discussion of illegal actions of those in power may not be recognized by society, but a real prison term. Is this an attempt to protect national interests or a planned attack on freedom of speech?
What does the new bill provide
Bill №10242 has already caused a wave of indignation among journalists, human rights defenders and activists. The reason is quite obvious. After all, officially this document is supposed to protect state interests and strengthen control over the distribution of socially important information stored in state registers. But in practice, it paves the way for the criminalization of any criticism of the government, especially if it concerns corruption schemes or the abuse of high-ranking officials. This draft law introduces criminal liability for the disclosure of information that can be considered a state secret or important for public order. The problem is that the criteria for determining what information cannot be disclosed are unclear. In fact, this means that any journalistic investigation or even an activist’s post on social networks can be interpreted as a violation of the law.
For example, if a journalist exposes corruption in the ministry or shows how budget money is stolen through fictitious companies, the authorities can easily accuse him of “divulging classified information.” The consequences can be very serious – imprisonment for 8 years.
It is obvious that this draft law strikes at the basis of democracy – freedom of speech. A free press and public scrutiny are mechanisms that deter corruption and abuse of power. If journalists, human rights defenders and public activists are prosecuted and put behind bars for their work, exposing corruption will become almost impossible.
In addition, such a bill creates an atmosphere of fear and self-censorship. People will stop talking about the real problems of the country, fearing persecution. In the long term, this will lead to an increase in corruption, a decrease in trust in the authorities, and the international isolation of Ukraine as a state that violates human rights. After all, it is clear that under such conditions there can be no civilized European society and things.
What do the experts think about it?
Human rights defenders have already stated that the bill violates the Constitution, which guarantees freedom of speech and the right to access information. They also emphasize that the draft law contradicts Ukraine’s international obligations. And some journalists call it nothing more than an attack on democracy and an attempt to cover up the criminal machinations of officials.
Ukrainian Pravda journalist Mykhailo Tkach was the first to react to the specifics of the draft law in his opinion posts on Facebook. He noted that Articles 361 and 361-2 of the Criminal Code of Ukraine in their current form pose a threat to corruption whistleblowers. Since if the court recognizes the information they disclose as socially necessary, they may be subject to criminal prosecution.
“This violates the protection against criminal prosecution provided for by the Laws of Ukraine On Information and Right to Access to Public Information for disclosing information with limited access. And thus creates fear among those who reveal corruption schemes and abuse of power. Draft Law No. 10242 envisages changes to the Criminal Code, in particular increasing the punishment for disclosing information from state registers during wartime and up to 8 years in prison. At the same time, there is no provision for exemption from responsibility of corruption whistleblowers. As a result, this will give law enforcement officers the opportunity to massively strengthen control over journalists’ sources and the journalists themselves,” – Mykhailo Tkach notes.
Mediarukh community as well urges deputies not to support this draft law in any case.
“This draft law poses significant threats to freedom of speech, work of journalists, protection of journalistic sources and whistleblowers of corruption in Ukraine. Under the guise of fighting “data abuse”, a tool is being created that can be used to prosecute journalists who cover corruption schemes or abuse of power. The transformation of such offenses into serious crimes opens the possibility for the use of covert investigative measures against journalists, in particular eavesdropping and surveillance, which significantly violates the standards of protection of information sources”, – activists of the Mediarukh community note in their post-appeal on Facebook.
“According to this draft law, if a journalist-whistleblower or his source in the law enforcement agencies penetrates the database of the owner of a new expensive car, the journalist or source will receive eight years, not the corrupt person. A journalist will receive eight years if he shows that the official crossed the border in an inexplicable way. There are fantastically cool investigative journalists in Ukraine, whose work will simply be killed by this draconian draft law. And they will give a great gift to lovers of corruption.” – warns Yaroslav Yurchyshyn, head of the Verkhovna Rada Committee on Freedom of Speech.
The fact that this draft law is being promoted under the guise of fulfilling the requirements of the European Union is a matter of great surprise. But its provisions clearly contradict the principles of freedom of speech, protection of journalistic sources and whistleblowers enshrined in international documents, including the recently adopted European Act on Media Freedom. So what kind of accession to the EU are we talking about when officials so defiantly interpret new laws in their favor, violating freedom of speech, which is declared in the laws of Ukraine and constantly flies from the mouths of those in power? In reality, we have a violation of the right to freedom of speech and obvious attempts to prevent journalists from impartially using facts, conducting investigations and covering events for the public.
According to experts, it is necessary to first hold additional consultations with international partners and honeykeepers in order to find possible options for protecting personal data without infringing on the rights of journalists. And only then develop a new draft law with a reference to the protection of the rights of whistleblowers.
If society allows this bill to be passed, it will set a dangerous precedent. Ukrainians will have to live in a reality where talking about the truth costs freedom, and questions to the authorities – prison. This is not just a challenge for journalism or human rights activities, but a threat to everyone who wants to live in a free and transparent country. The strengthening of criminal responsibility should be accompanied by the creation of reliable mechanisms for the protection of journalists and corruption whistleblowers. Legislation that limits public scrutiny of government and fosters an atmosphere of fear among journalists not only harms democracy, but also undermines trust in state institutions.
Draft Law No. 10242 is a test of Ukrainian society’s readiness to protect its rights. For now, the fight continues, but silence may be the worst option.
How the right to freedom of speech is exercised abroad
Freedom of speech is a fundamental right that has its own characteristics in foreign countries. In the United States, freedom of speech is protected by the First Amendment to the Constitution. And this means that the state cannot restrict speech, even if they criticize the government. People have the right to protest, speak publicly, and publish any information as long as it does not threaten national security or is defamatory. Of course, the law provides for exceptions: prohibited statements that call for violence, incite hatred or harm national security.
In Germany, freedom of speech is guaranteed by the Basic Law with clear limitations. Thus, the law prohibits hate speech, propaganda of Nazism, denial of the Holocaust. Regulates content that may harm public morals, such as pornography or hate speech. Exposing corruption is protected, but violating the personal rights of officials can have legal consequences.
In Great Britain, freedom of speech is ensured through the European Convention on Human Rights. However, there is a defamation law that protects the reputation of individuals and companies. If someone publicly accuses others without evidence, it can lead to legal action. Hate speech and incitement to terrorism are strictly punishable by law.
In Scandinavian countries such as Sweden or Norway, freedom of speech is governed by liberal laws that allow broad debate and criticism of the government. Special emphasis is placed on transparency: citizens have the right to access state information, which contributes to the fight against corruption. But expressions that violate the rights of others, such as hate speech, are punishable.
China is a great anti-example of non-recognition of freedom of speech. Freedom of speech is severely restricted in this country. Criticism of the government can lead to fines, arrests or even imprisonment. Government authorities control the media and block access to unwanted resources. Activists, bloggers and journalists often face persecution.
As we can see, in democratic states, freedom of speech is regulated in such a way as to protect the interests of society and ensure a balance between individual rights and security. In authoritarian ones, it is used as a tool to control the population and fight dissent. By creating such laws, our government risks sending the country down the path of an authoritarian regime, which means that the EU can be forgotten. Freedom of speech works best in conditions of government transparency, an independent judiciary and an active civil society. Only under such conditions is it possible to create a civilized society.
Currently, the picture is that freedom of speech in Ukraine increasingly resembles a beautiful declaration that the government uses for its own PR, but ignores in practice. Submission of draft law No. 10242 to the parliament was another step towards turning it into a fiction. Under the guise of concern for “public order” and “national security”, we are offered a mechanism that protects not the state, but the corrupt from exposure. At the same time, the mass media, which should be “guardians of democracy”, risked turning into silent witnesses of abuses. Journalists, activists, anti-corruption activists — everyone who fights for the truth risks being behind bars for doing their job. However, on December 4, the draft law, which provides for increased responsibility for the dissemination of information from public electronic registers, did not gain support in the Verkhovna Rada. About this reported people’s deputy Oleksiy Honcharenko. 213 deputies voted for draft law No. 10242, but 229 parliamentarians decided to send the document for a second reading.
Freedom of speech is not just a legal right, it is the foundation on which democracy rests. If we allow this principle to be destroyed, tomorrow any opportunity to expose lies, expose manipulations and defend justice will disappear. Silence imposed by fear or censorship becomes the most effective weapon against society, depriving it of its ability to fight for its own rights. Without freedom of speech, we risk losing not only the truth, but also the very idea of freedom as such.
