Back to Index of Limits on Freedom of Expression

Article 34 of the Constitution of Ukraine guarantees freedom of speech and expression. The main international instruments to which Ukraine is signatory guaranteeing freedom of speech and expression are the European Convention on Human Rights and the International Covenant on Civil and Political Rights. Limitations of freedom of speech and expression are found in the Constitution, Civil Code, Criminal Code, and the Law on Recognizing Ukrainian as a State Language.

The Euromaidan Revolution in 2014 and conflict with the Russian Federation impacted Ukraine’s legal and regulatory framework for freedom of speech and freedom of expression. The Russian Federation and Ukraine have been engaged in information warfare. In order to protect its information security, Ukraine adopted several laws aimed at countering foreign interference in broadcasting and securing the information sovereignty of Ukraine. The Ministry of Information Policy (created in 2014) is the main government body responsible for policymaking and implementation in the field of information sovereignty.

I. Overview

The Euromaidan Revolution in 2014 and subsequent conflict with the Russian Federation over its annexation of Crimea and support of the separatists in the Eastern regions of Ukraine impacted Ukraine’s legal and regulatory framework for freedom of speech and freedom of expression. Hybrid information warfare between the two countries resulted in Ukraine’s adoption of legislation aimed at protecting Ukraine’s information security and guarding its information dissemination space from the outside influences.[1] 

These laws, which are discussed in more detail below, are as follows:

• Law of Ukraine on Amending Certain Laws of Ukraine Concerning Restricted Access of Anti-Ukrainian Content to the Ukrainian Market for Foreign Printed Products.[2]
• Law of Ukraine on Amending Some Laws of Ukraine on the Protection of the Information Television and Radio Broadcasting of Ukraine.[3]
• Law of Ukraine on Amending Article 15-1 of the Law of Ukraine “On Cinematography.”[4]

Enforcement of these laws faced criticism, as they are viewed by nongovernmental organizations as imposing restrictions on freedom of expression and speech.[5]

Ukraine ranks 102nd in the 2019 World Press Freedom Index, generated by Reporters Without Borders.[6] According to human rights organizations, 235 cases of violations of freedom of speech were reported in nonoccupied territories of Ukraine in 2018.[7] The majority of these cases (175) were physical attacks against journalists, which remains the main challenge in the area of freedom of speech.[8]

Censorship and self-censorship pose another major constraint on freedom of speech and press. The Law on Transparency of Ownership of Mass Media, adopted in 2015, mandates disclosure of information about end-beneficiary owners (controllers), and in their absence - about all owners and participants of the broadcasting organization or service provider.”[9] Enforcement of this law remains weak, as documented by observers.[10] According to a 2018 State Department report, “privately owned media, the most successful of which is owned by wealthy and influential oligarchs, often presents readers and viewers with a ’biased pluralism, ’representing the views of their owners, favorable coverage of their allies, and criticism of political and business rivals.”[11] A practice of producing favorable and (or) one-sided news coverage for monetary reward is widespread in Ukraine. [12]  

Ukraine’s legislation does not contain specific anti-heckling provisions.

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II. Legislative Framework

The Constitution of Ukraine contains guarantees for free speech and freedom of expression.[13]  As stated in Article 3 of the Constitution, “human rights and freedoms, and guarantees shall determine the essence and course of activities of the State.”[14] Article 34 of the Constitution provides that 

[e]veryone shall be guaranteed the right to freedom of thought and speech, and to free expression of his views and beliefs.
Everyone shall have the right to freely collect, store, use, and disseminate information by oral, written, or other means at his discretion.[15]

Article 300 of the Civil Code provides for the right to “freely collect, store, use and disseminate information.” According to same article, a physical person, who distributes information is responsible for the verification of authenticity (except in the cases when the information is obtained from the official sources).[16] 

Ukraine is a signatory to the European Convention on Human Rights. Article 10 of the Convention guarantees freedom of expression.[17] Additionally, Ukraine ratified the International Covenant on Civil and Political Rights, which guarantees freedom of speech and expression.[18]

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III. Limits on Freedom of Speech and Freedom of the Press

The Constitution prescribes the following instances where the right of freedom of expression and speech can be limited: 

• in the interest of national security, territorial integrity, or public order,
• for the purposes of preventing disturbances or crimes,
• for protecting the health of the population,
• for protecting the reputation or rights of other persons,
• for preventing the publication of information received confidentially, or
• for supporting the authority and impartiality of justice.[19]

The Civil Code of Ukraine contains provisions providing for a ban on publishing or broadcasting information that violates personal non-property rights. [20]

In 2019, Ukraine passed a law on strengthening the role of the Ukrainian language as the state language, which contains language quotas for broadcast, print, and publishing media.[21] According to the Language Law, only 10% of total film screenings can be in a language other than Ukrainian.[22] Additionally, the Language Law requires that at least 50% of books published and distributed in Ukraine should be in Ukrainian.[23] According to assessments, the linguistic quota system presents a considerable challenge for freedom of expression and speech for the segment of the population that does not speak Ukrainian and for media outlets that publish or broadcast in languages other than Ukrainian.[24]

Several provisions of the Criminal Code punish incitement of hate speech.[25] Thus, Article 161 of the Criminal Code states that

[i]ntentional acts aimed at incitement to national, racial or religious hatred or to humiliate national honor and dignity or the image of feelings of citizens in connection with their religious beliefs, as well as the direct or indirect restriction of rights or the establishment of direct or indirect privileges for citizens on the grounds of race, color, political, religious and other beliefs, sex, disability, ethnic or social origin, property status, place of residence, language or other characteristics - shall be punishable by a fine of two hundred to five hundred times the tax-free minimum incomes, or restraint of liberty for a term up to five years, with the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years or without such.[26]

Article 300 of the Criminal Code provides for punishment for importing into, manufacturing, and distributing in Ukraine works (including film and video products) promoting a “cult of violence and cruelty, racial, national or religious intolerance and discrimination.”[27] Article 300 stipulates fees and deprivation of liberty as a punishment for these offenses. [28]

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IV. Laws Restricting Foreign Broadcasters Working on Behalf of Foreign Governments

Ukraine adopted several laws in the information management sphere in order to counter foreign influence and propaganda. These laws are discussed below.

A. The Law of Ukraine Amends Ukrainian Law on the Protection of Information in Ukrainian Television and Radio Broadcasting

The Law established that an executive body can refuse issuance of a state certificate for distribution and showing of materials if the materials (statements, actions, etc.)

promote war, violence, cruelty, fascism and neo-fascism, aimed at the elimination of Ukraine’s independence, incitement to interethnic, racial, religious hatred, humiliation of the nation, disrespect for national and religious shrines, humiliation of the individual, propagandizing ignorance, disrespect for parents, as well as drug addiction, substance abuse, alcoholism and other harmful habits; films of a pornographic nature, confirmed by the conclusion of the expert commission on distribution and demonstration of films.[29]

The Law prohibits copying and showing films containing the propaganda of an “aggressor state,” including positive images of the workers of an aggressor state, Soviet state security bodies, films justifying violation of the territorial integrity of Ukraine. The ban also includes films produced by individuals and entities of an aggressor state.[30] The ban applies to any films with the above-described content produced after August 1, 1991, regardless of country of origin. The ban on movies produced by individuals or legal entities of the aggressor state in the absence of propaganda applies to movies and films produced after January 1, 2014. [31]

B. The Law of Ukraine Amends Certain Laws Concerning Restricted Access of Anti-Ukrainian Content to the Ukrainian Market for Foreign Printed Products

In 2016, Verkhovna Rada adopted a law aimed at limiting access to the Ukrainian market of foreign printed products with certain content. The definition of the restricted content provided for in the Law was similar to that of the Law on Protecting Information in Television and Radio Broadcasting of Ukraine.[32]

According to the Law, importing of the print media products to the Ukrainian market from the territory of an aggressor state is subject to obtaining a permit, with the exception of up to 10 copies of products imported by individuals in their personal luggage.[33]  The Law provides for the expert assessment and analysis of the printed products subject to the importation ban.[34]  In order to obtain a permit, a distributor of printed and publishing goods should submit an exhaustive list of documents (including linguistic evaluation of the products) to the central executive body. Based on the recommendations of an expert, the central executive body can choose to issue, refuse, or renew a permit.[35] The central executive body also has a right to revoke a permit. Revocation of a permit can be appealed in court.[36]

The state executive body responsible for implementing the policy in the information sphere maintains on its website a registry of the publishing and printing products from the territory of an aggressor state or “occupied territories” of  Ukraine that were granted a permit. [37]

Distributing printed products and publishing products in Ukraine without a permit are subject to a fine between ten to fifty times the minimum monthly wage, with ensuing removal from circulation of said products. [38]

According to an Organization for Security and Cooperation in Europe report, during the period from January 1, 2017, to February 14, 2018, the State Committee banned 30 books published in the Russian Federation.[39]

C. Law of Ukraine on Amending Article 15-1 of the Law of Ukraine on Cinematography

The Law established content-specific restrictions for distributing and showing films

• that contain promotion or propaganda of the aggressor state, regardless of the country of origin, that were produced after August 1, 1999; and
• that were produced by individuals and legal entities of an aggressor state that do not contain the promotion or propaganda of the aggressor state and its legal entities and were produced or released after January 1, 2014.[40]

According to monitoring reports, around five hundred films were banned from 2015 to 2018.[41]

D. Government Policies

In 2014, Verkhovna Rada approved composition of the new Government of Ukraine, which also included the Ministry of Information Policy.[42]  The Government of Ukraine subsequently issued a Regulation on the Ministry of Information Policy.[43] According to the regulation, the Ministry of Information Policy is a central executive body authorized to “ensure Ukraine’s informational sovereignty, in particular regarding the dissemination of publicly important information in Ukraine and beyond, as well as ensuring the functioning of state information resources.”[44]

The Ministry of Information Security was also tasked with carrying out the implementation of mass media reforms concerning the dissemination of publicly important information.[45]  Enforcement of the legislation in the information management sphere is also in the purview of the Ministry of Information Security.

According to a 2018 progress report issued by the Ministry of Information Policy, the Ministry was engaged in the following areas of information policy:

• Developing the information space of Ukraine, which includes deregulation, de-monopolization and de-oligarchization of the regulatory framework.  
• Establishing the system of state strategic communications, which includes reforms of government and strategic communications, as well as providing communication support for the carrying out of the reforms.
• Information reintegration of the temporarily occupied territory of Crimea and uncontrolled territories of Luhansk and Donetsk regions.[46]

In 2017, the President of Ukraine signed an order imposing sanctions on legal and physical persons, which included blocking access to Russian media and social networks, as well as search engines and electronic mail services and domains.[47] The same order also blocked individual journalists or broadcasters (foreign and domestic) who were deemed to be a threat to national security.[48] Among the affected social networks were VKontakte and Odnoklassniki, internet search engine Yandex and email service provider Mail.ru.[49] According to estimates, banned social medial networks (Odnoklassniki and VKontakte) have twenty-five million subscribers in Ukraine.[50] Nongovernmental organizations see these sanctions as restrictive of the freedom of press and speech.[51]

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Prepared by Astghik Grigoryan
Legal Research Analyst
June 2019

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Last Updated: 12/30/2020