You're reading: OSCE’s Harlem Désir: Protection of freedom of expression must be Ukraine’s priority

Representative on Freedom of the Media for the Organization of Security and Co-operation in Europe (OSCE) Harlem Désir has called for more protection for journalists and for the promotion of media pluralism in Ukraine.

Désir visited Kyiv on Oct. 22, the first time he has been to Ukraine since he took on his position at the OSCE in July.

In an interview with the Kyiv Post on Oct. 22, Désir expressed concern over the safety of journalists in Ukraine, where 10 journalists have been killed since 2014. Seven of them were killed in the war zone in eastern Ukraine after it was invaded by Russia.

Désir called for full and transparent investigation of murder of Pavel Sheremet, a Belarusian journalist killed by a car bomb in Kyiv in July 2016. The murder of another journalist, Ukrainian Oles Buzina, who was shot and killed outside his apartment in April 2015, also remains unsolved.

“The perpetrators and masterminds behind those murders must be identified and brought to justice,” Désir said. “Fighting impunity is a major factor to avoid further crimes and stop aggression against journalists.”

Désir pointed to growing violence against journalists as an alarming trend in many countries. He said journalists are threatened, attacked, or killed for reporting on issues of high public importance, investigating corruption, or simply expressing views that go against the official state agenda. The clampdown on dissent should not be carried out by special services or law enforcement under the guise of protecting national security, he said.

During his visit to Kyiv Désir met with the wife of Roman Sushchenko, a Ukrainian journalist held in custody in Moscow on espionage changes. Désir has also been closely watching the cases of two other Ukrainian journalists – Stanislav Aseyev, abducted by Russian-backed militants in Donetsk, and Vasily Muravitsky, detained by Ukraine’s SBU security service on charges of treason. Désir also condemned the sentencing of RFE/RL contributor Mykola Semena in annexed Crimea to a two-and-a-half-year suspended sentence for separatism.

Any legislation aimed at protecting national security in times of war or fighting with propaganda and terrorism brings risks to freedom of expression and the media, Désir said. Breaches can take different forms: from removing undesired content and blocking websites to prosecuting journalists.

That’s why the laws protecting national interests should have narrow definitions in order to avoid wide or biased interpretations, he said.

“Any restrictions on illegal content must be defined by the law in accordance with international treaties, with a transparent process and mechanisms to appeal,” he said.

“Even in times of conflict, proportionality in the need to restrict freedom of expression is essential.”

He added that states should aim to improve the quality of information, support media pluralism, and promote ethical journalism, as this helps fight propaganda and hate speech better than censorship.

Media pluralism in Ukraine, Désir continued, is another matter of concern for his office. Television and radio is dominated by private owners, and the only public broadcaster in the country faces serious underfunding.

According to the latest study by Reporters Without Borders and the Ukrainian Institute of Mass Information, control over radio and television in Ukraine is concentrated in the hands of oligarchs with strong political affiliations who own the four largest media groups: Viktor Pinchuk (StarLightMedia), Ihor Kolomoisky (1+1 Media), Dmytro Firtash (Inter Media) and Rinat Akhmetov (Media Group Ukraine).

The Cabinet of Ministers plans to significantly cut the funding for the UA:PBC, the national public broadcaster, Désir said. The law on public service broadcasting guarantees at least 0.2 percent of the total state budget to the country’s national public broadcaster. However, the budget plan for 2018 allocates half that – only Hr 776.5 million ($29.2 million), watchdog Detector Media has reported.

The OSCE Representative on Freedom of the Media is mandated to observe media development in the 57 participating states of the organization in North America, Europe, and Central Asia, and to help governments fulfill their commitments to freedom of expression and free media.

“There are many international treaties and laws, but not many international organizations who have capability to tell states to respect their commitments,” Harlem Désir said.

“My office is one of few institutions to ensure international laws and commitments are not forgotten by states.”