TO DISSEMINATE PROGRAMMES IN UKRAINE, FOREIGN BROADCASTERS MUST ADHERE TO THE REQUIREMENTS OF THE NATIONAL LEGISLATION
The National Council of Television and Radio Broadcasting of Ukraine has analyzed the documents submitted for the inclusion of the TV channel “Небеса ТВ7” (Republic of Finland) into the List of foreign programmes, the content of which complies with the requirements of the European Convention on Transfrontier Television and the legislation of Ukraine, as well as other available data and content of this foreign programme, and draws attention of this broadcaster and the right holders of those foreign TV channels who intend to be retransmitted in Ukraine to the need of strict compliance with the provisions of the Ukrainian legislation.
The Company “Lighthouse Network Ltd Оу”, which owns the channel “Nebesa TV7” (“Небеса ТВ7”) asked the National Council to include this TV channel into the List of foreign programmes, the content of which complies with the requirements of the European Convention on Transfrontier Television and the legislation of Ukraine.
According to the results of monitoring and analysis of the content of the channel “Nebesa TV7” (“Небеса ТВ7”), which the company “Lighthouse Network Ltd Оу” provided to the National Council, it has been established that the individual programmes and elements of the programme service have the signs of violation of paragraphs 8, 9 of part 2; part 4 of Article 6; part 4 of Article 28; paragraph 2 of part 2 of Article 62 of the Law of Ukraine “On Television and Radio Broadcasting” and Article 7 of the European Convention on Transfrontier Television.
Thus, on the air of the channel “Nebesa TV7” (“НебесаТВ7”) there were recorded programmes (including separate elements of the programmes service), created in and/or ordered by the Russian Federation and targeted at its territory. The Russian Federation is not a member state of the European Union and has not ratified the European Convention on Transfrontier Television.
In addition, by its decision of April 2, 2015, No. 459 “On consideration of issues regarding the recognition by the National Council of the content of the programmes to be adapted to the requirements of the legislation of Ukraine”, the regulatory authority has temporarily suspended the consideration of issues regarding the recognition of the content of programmes to be adapted to the requirements of the legislation of Ukraine, whose rights holders (producers) fall under the jurisdiction of the Russian Federation.
Also, in certain programmes of the foreign programme service “Nebesa TV7” (“НебесаТВ7”) there were recorded the fragments from the broadcast of information television channels of the Russian Federation and links to Internet resources that are prohibited by official documents, in particular, by the Decree of the President of Ukraine dated of May 15, 2017, No. 133/2017 “On the Decision of the National Security and Defense Council of Ukraine of April 28, 2017” On the Application of Personal Special Economic and Other Restrictive Measures (Sanctions)” and the Decision of the District Administrative Court of the City of Kyiv dated of May 29, 2018 No. 826/3456/14.
The Russian Federation is recognized by the Parliament of Ukraine to be the aggressor State and the occupying state. According to the current legislation of Ukraine, if programmes are made on order or with the participation of one or more legal entities that are residents of the state, which is recognized by the Parliament of Ukraine to be the aggressor state and/or the occupying state, they cannot be considered as programmes of European production.
In order to ensure the vital interests of the society and the state in the conditions of the armed aggression of the Russian Federation against Ukraine, the National Council, along which other public authorities, is forced to apply more strict and more detailed rules than those provided by the European Convention to programme services that are broadcast by a broadcaster, who likely falls under the jurisdiction of a member states of the European Convention within the meaning of Article 5 of the Convention.
Ukraine has informed the United Nations Secretary-General and the Secretary General of the Council of Europe (Resolution of the Parliament of Ukraine dated of May 21, 2015, No. 462-VIII) concerning the right of Ukraine to take measures that justify derogation from commitments with regard to the International Covenant on Civil and Political Rights and the European Convention for the Protection of Human Rights and Fundamental Freedoms, in particular, Article 15 thereof (Derogation in time of emergency).
Considering the above, the National Council draws attention of foreign broadcasters and business entities intending to retransmit foreign programme in the territory of Ukraine and submitting applications for the inclusion of television programmes into the List of Foreign programmes, the content of which complies with the requirements of the European Convention on Transfrontier Television and Ukrainian Law regarding the need of availability of a permit (license) of the competent authority of the country that is a party to the European Convention. The agreement concluded by a broadcasting company with a distributor is not enough. In addition, it is required to indicate in the legal documents the information about a television programme service, the actual logo of a programme, the owner, broadcasting territory, language, European works share, etc., the content of a programme service and it elements must comply with the requirements of the Ukrainian legislation. It may not contain information that can be regarded as being banned for distribution on television under the current legislation of Ukraine and violates the rights and interests of people.
Documents prepared in a foreign language must be accompanied by certified translations in the state language of Ukraine.