The Verkhovna Rada has passed a bill that will allow journalists to be punished for publicly mentioning lawyers next to clients
In the second reading, the Verkhovna Rada adopted draft law No. 12320, which provides for the administrative responsibility of journalists for publicly identifying a lawyer with his client. The Verkhovna Rada’s Committee on Anti-Corruption Policy announced the preparation of a blocking resolution to this draft law. About this reported head of the committee Anastasia Radina.
According to her, draft law No. 12320 allows journalists to be held administratively liable “simply for mentioning that a certain lawyer represented or represents the interests of a certain person.” Radina explained that if the law is passed, a journalist can be fined from 3,400 to 5,100 hryvnias for saying something like “Viktor Serdyuk is Viktor Yanukovych’s lawyer.”
“And if this “violation” occurs again during the year — then from UAH 10,200 to UAH 13,600. The lawyers themselves will initiate fines.” – added the head of the committee.
Head of the Parliamentary Committee on Freedom of Speech, Yaroslav Yurchyshyn characterized the draft law as “a real attack on freedom of speech”. He also announced his intention to contact international partners with a request to evaluate the document. And if the draft law is still signed, the President of Ukraine will be approached with a proposal to impose a veto.
Draft Law No. 12320, in particular, provides for the prohibition of public identification of a lawyer and his client, including through mass media, journalists and public organizations. The authors of the initiative note that its goal is “the creation of a real and effective mechanism for the protection of the rights of lawyers and guarantees of their professional activity, which in practice will facilitate the realization of the constitutional rights of citizens to professional legal assistance.”
The explanatory note states that currently “the problem of violation of the guarantees of advocacy, in particular the prohibition of identification of a lawyer with a client, has become particularly acute.”
According to the authors of the draft law, this situation arose, among other things, due to a “sharp increase in the number” of criminal offenses related to court cases regarding the restriction of the rights of persons associated with Russia.
“Each such fact causes concern in society, which is often projected on lawyers who, fulfilling their professional duty, protect the rights and legitimate interests of their clients.” – says the explanatory note.
