Ukrainian court ruling goes against freedom of expression, states OSCE Media Freedom Representative
VIENNA, 7 August 2019 – The OSCE Representative on Freedom of the Media, Harlem Désir, expressed his disappointment today at a court ruling in Ukraine fining Hromadske TV for branding a nationalist organization as “neo-Nazi”.
Yesterday, the Commercial Court of Kyiv ruled that Hromadske TV lacked sufficient evidence when it published a tweet referring to C14, a far-right Ukrainian NGO, as a “neo-Nazi” organization. The tweet was published on 4 May 2018, after which C14 filed suit against the media outlet for defamation, on the grounds that it “harmed the reputation” of the NGO. In the court decision, the judge ruled that Hromadske TV must retract its statement and pay a fine of up to 3,500UAH (Euro 122). The media outlet will appeal the ruling.
“I am concerned with this court decision in Ukraine, as it sets a harmful precedent in the country and could have a dissuading effect on journalistic work,” said Désir. “Hromadske TV based its assessment on a serious journalistic investigation. The concerned group can contest this affirmation and deny it, but it is the right of the media to publish their view, in good faith, based on the information they gathered on the C14 organization and their members, many of whom declared that they joined the group because of its neo-Nazi orientation.”
C14 is known for holding nationalist views and for committing violent acts against minority groups, including Roma and LGBT, in Kyiv.
“It is important that journalists can report on political activities without fear of economic reprisals or penalties,” said Désir. “This decision represents a threat to critical independent journalism and I hope it is overturned on appeal.”
The Representative recalled the OSCE Ministerial Council Decision on Safety of Journalists, which urges participating States to “ensure that defamation laws do not carry excessive sanctions or penalties that could undermine the safety of journalists and/or effectively censor journalists and interfere with their mission of informing the public.”
The OSCE Representative on Freedom of the Media observes media developments in all 57 OSCE participating States. He provides early warning on violations of freedom of expression and media freedom and promotes full compliance with OSCE media freedom commitments. Learn more at www.osce.org/fom, Twitter: @OSCE_RFoM and on www.facebook.com/osce.rfom.