ARTICLE 19, International Media Support and Media Law Institute call on the Ukrainian government to bring the draft election code in line with international freedom of expression standards. This appeal is made on the basis of ARTICLE 19’s analysis of the draft code that points out how the draft fails to meet international freedom of expression standards and best practices and recommends specific changes of the proposed regulation.
“ARTICLE 19 welcomes the decision of the Ukrainian legislators to reform the election legislation and merge several election laws into one code,” said Agnes Callamard, ARTICLE 19 Executive Director. “However we think that the new legislation must ensure that freedom of expression is respected and protected during elections.”
“The freedom to express oneself and to seek the views of others both as a voter and a political candidate is a fundamental cornerstone of free and fair elections. We urge the Ukrainian government to refine the draft election code to adhere to international standards of freedom of expression,” said Jane Møller Larsen, program coordinator of the media and democracy program at International Media Support.
The analysis outlines four issues central to the protection of freedom of expression during election times, including the autonomy of media; pluralistic and diverse media content; the freedom of voters and parties and candidates to impart, seek and receive information and ideas relevant to their participation in elections; and the existence of mechanisms allowing access of election candidates to the media. Reviewing the regulation of these issues, ARTICLE 19, IMS and MLI welcome the broad scope of the regime of election information, the detailed regulation of election campaigning and the regimes of holding of public campaign events, and of production and distribution of campaign materials.
However, the draft code suffers from a number of weaknesses from a freedom of expression point of view.
The most serious one is the failure of the authors to recognise that the participation of voters and candidates in election campaigns is an expression of their right to freedom of expression. The failure to recognise the freedom of expression aspects of the regulation has weakened the protection of the right to freedom of expression. Furthermore it has permitted unnecessary restrictions on reporting and on participation of certain groups of individuals in election campaigns.
Partners plan to use the analysis of the election code to further engage in the legislative drafting process and to improve the document so that it corresponds to the internationally recognized freedom of expression and freedom of information standards.
The analysis of the draft election code was carried out by ARTICLE 19 within the framework of the IMS Media and Democracy Program for Central and Eastern Europe and the Caucasus.
(ARTICLE 19 is an independent human rights organization that works around the world to protect and promote the right to freedom of expression. It takes its name from Article 19 of the Universal Declaration of Human Rights, which guarantees free speech. International Media Support is a non-profit organization working to support local media in countries affected by armed conflict, human insecurity and political transition. In more than 40 countries worldwide, IMS helps to strengthen professional journalism and ensure that media can operate in challenging circumstances. Kyiv-based Media Law Institute is a national think-tank founded in 2005. MLI actively supports media law development aiming at enhancing freedom of speech and access to information in Ukraine. Media Law Institute is involved in legislative drafting in the media law area, monitors and comments on the legislative initiatives as well as provides trainings for media lawyers and journalists.)
