1+1 media: corrections are needed to the draft law "On Media" in the part of regulation of online media

On July 2, the VRU registered the revised draft law "On media" No. 2693-d, which, in particular, deals with the regulation of online media. This is the first attempt in the history of Ukraine to legislate the sphere of online media. The 1+1 media group shares the legislator's intentions to respond to the development of modern technologies and establish uniform standards for all media market players and considers such regulation an important step for the development of the industry. At the same time, according to the media holding, the wording of individual norms of the project can create significant difficulties in law enforcement practice and do not correspond to the principle of legal certainty of the law and European standards.

European standards provide that freedom of speech can be restricted exclusively in the interests of national security, territorial integrity or public safety. At the same time, the draft law lays down too wide opportunities for potential restrictions and blocking by the National Council on Television and Radio Broadcasting.

Thus, the project provides for the possibility of canceling registration and banning the distribution of online media on the territory of Ukraine for a number of violations, in particular, content, advertising, and also related to the ownership structure. At the same time, cancellation of registration entails the impossibility of carrying out media activities during the year.

The specified norms contradict the rules and standards established at the level of the Council of Europe. According to these standards, the use of powers by authorities to interfere with freedom of expression must be clearly limited to minimize the impact on Internet accessibility. Only certain content, which, according to the law, is recognized as illegal, can be blocked. In the event that exceptional circumstances justify the blocking of such content, the state must ensure the absence of excessive consequences in the form of blocking access to legitimate content and the entire online resource. Otherwise, such blocking will be considered as an arbitrary and illegal interference with the rights of the owners of such sites.

In view of the above, we believe that it is appropriate to improve the regulation of online media in the draft law "On Media" and significantly adjust the norms that regulate sanctions against online media, in particular, to eliminate the possibility of blocking online resources.