Media Freedom in Ukraine

During the first decade of independence, the Ukrainian media went through a period of transition from communist regime in which it established non-governmental media. Today Ukraine has legislation regarding media, including both domestic regulatory acts and the ratification of international conventions. Ukraine has ratified the European Convention on Human Rights in 1997 and the International Covenant on Civil and Political Rights in 1973 that outline basic principles of freedom of speech and media. The Constitution of Ukraine guarantees freedom of speech, expression of views and collection, keeping, use and dissemination of information (Article 34), it bans censorship (Article 15) and collection, keeping, use and dissemination of confidential information regarding individuals without their consent and guarantees legal protection and the right to refute untrue information (Article 32). In addition, the article 34 states: “the exercise of these rights may be restricted by law in the interests of national security, territorial indivisibility or public order.”

The development of Ukrainian media during that transition, along with the deep economic crisis and high level of corruption raised serious concerns. In 1999 during the presidency of L. Kuchma the freedom of the press was limited through tax inspections, libel cases, subsidization, and intimidation of journalists; this caused many journalists to practice self-censorship, the OSCE Representative on Freedom of the Media reports. Moreover, numerous anonymous attacks and threats have persisted against journalists, who investigate corruption or other government misdeeds. The most sensational case, which is still discussed, was the murder of the editor of “Ukrainska Pravda” (Ukrainian Truth) - an Internet news publication critical of high-level corruption in Ukraine – Heorhiy Gongadze, who was kidnapped and murdered in 2000. Following years of investigations, four ex-officers of the Ukrainian Secret Service (SBU), including Aleksei Pukach, who was formerly in charge of the Ministry of Interior's surveillance department, were convicted. However, no one was sentenced for commissioning and inciting the killing.

According to the report of OSCE Representative on Freedom of the Media, since 2000 positive developments were made, in particular media pluralism started to seem more noticeable, which led to the regular criticism of politicians in the media. However, in the broadcast media, specifically on television it seemed to be least developed because of the Government’s remaining position on the most popular channels. During 2001-2004 there existed a term known as “temniki” (closed directive) prepared and distributed by the Presidential Administration and forwarded to top managers and editors of national television stations and some newspapers, which provided guidelines as to how the media should cover current events. They were not press releases but instructions on how to recount political developments in the country, State officials routinely deny knowledge of or involvement with temniki, the OSCE Representative on Freedom of the Media reports. After the Orange Revolution in 2004, the practice of Ukrainian temniki came to an end. In the years after 2005, Ukraine has served as an outstanding example among the CIS countries in upholding media freedom commitments. The work of independent media has improved considerably, media pluralism flourished and liberal legislation, including decriminalization of defamation was adopted to create an environment that encouraged a wealth of ideas and opinions.

In the 2013 report of OSCE Representative on Freedom of the Media it is noted that since 2010 there has been a clear deterioration of the media freedom situation, which included attempts to suppress media freedom via censorship and interference in the work of media outlets and staff. The abolishment of the National Commission on Freedom of Speech, the political appointees to the National Council on TV and Radio and the pressure on critical media via threats to licensing restrictions have been also a matter of concern.

Another problem remains the increasing number of violent attacks against journalists and impunity from prosecution. Besides, since 2010, the complaints of censorship started to increase which resulted in the adoption of a law on strengthening the protection of the ownership of mass media offices, publishing houses, bookshops and distributors, as well as creative unions. It is said in Reporters without Borders (RSF) report that by 2012 many journalists had still been subject to threats and pressures and that the majority of the attacks remained unpunished. It was also noted that the  judiciary was unable to solve high-profile cases such as the murder of editor Gongadze as well as investigate the disappearance of missing editors. Starting in 2010, these restrictions contributed to the political and media freedom crisis in Ukraine.

Since the end of November 2013 there have been nearly 300 reported cases of violence against journalists, including murder, physical assaults, kidnappings, threats, intimidations, detentions, imprisonments, and damage and confiscation of equipment. There were cases of illegal switching off the broadcasts stemming from conflict-ridden areas, often accompanied by violence and threats. In Crimea and eastern Ukraine these broadcasts have been replaced several times by state media channels originating from the Russian Federation.

During the first phase of this crisis between November and February one journalist was killed and nearly 200 others were victims of violence. The second phase is linked to the crisis and events in the south and east of the country. Starting in March in Crimea, the following month in Sloviansk and Donetsk, and in May in Luhansk, broadcasting stations and related infrastructure were attacked by unidentified and often armed individuals who then replaced television programming with state media from the Russian Federation. Journalists in Crimea faced regular threats and harassment and those who are not considered loyal to the effective de facto authorities or refuse to change citizenship were under the threat of possible eviction from the region.

According to the last Report by the OSCE Representative on Freedom of the Media published in June 2024, the situation has become even more severe due to the full-scale invasion of Ukraine by the Russian Federation, which was also marked by a total media crackdown in Russia. The report denounces the following actions occurred since the latest developments of the Russia-Ukraine war :

• At least ten media workers have been killed in the line of duty, with many more journalists losing their lives as a result of the war. 
• In recent months, numerous foreign and local journalists and media workers have been targeted again, facing physical and verbal attacks, injuries, or disappearances. 
• The Russian Federation has also detained some Ukrainian journalists, according to the latest observations from the mission of experts established under the Moscow Mechanism in April 2024.
•  Media equipment and infrastructure, particularly TV towers, have continued to suffer damage and attacks, severely impacting the media’s ability to operate.
•  There are ongoing reports of a hostile environment for dissenting voices in unlawfully annexed Crimea, particularly against citizen journalists from the Crimean Tatar community.
• There has been an increase in cyberattacks and hacking of media outlets. 
• Additionally, the Russian Federation has reportedly attempted to strategically target internet infrastructure in Ukraine and restrict internet access in occupied territories, limiting people's access to information.

A list of journalists murdered since Ukrainian independence is available here.