Media and Elections: the participants of the international conference were looking for the ways to improve the national legislation

During the meeting there were discussed issues on the electoral process in our country, including the role of the National Council and necessary legislative changes.

Free elections are a part of democracy, as well as freedom of speech is. However, freedom of speech should be closely correlated with the responsibility borne by the media for their actions. This idea was highlighted by the participants throughout the meeting, because the moral and ethical aspects of this issue play a major role to form the trust of citizens both to individual governmental authorities and the electoral system in general.

Mrs Ulyana Feshchuk, Deputy Chairman of the National Council, drew the participants’ attention to the fact that the national legislation contains ineffective provisions that do not influence on the media during elections. Finding out violations by the National Council during the election campaign does not lead to any consequences, and there are no subjects of the electoral process which can be applied to with the claims.

Mr Dmytro Shvydchenko, Head of Division of Broadcasting Monitoring and Analysis of the National Council, informed about the aspects of the National Council activities during the election campaigns, including media monitoring. He noted that the current legislation does not provide for a comprehensive model of the election campaigns, which would consist of the regulatory authority, the media and stakeholders of the electoral law. ‘Therefore, we have the area that is actually devoid of control mechanisms. Among the tools that the National Council has authorized to there is a possibility of drafting administrative reports. However, the Code of Administrative Offences determines the amount of possible penalty that ranges from UAH 170 to 680. Such a meager penalty in no way encourages the media to avoid violations of the law”, said Mr Shvydchenko.

International experts’ attention was focused on the standards that should be provided during the electoral process. There are impartiality, balance, accuracy in providing information, as well as pluralism and equality during elections.

Mr Volodymyr Pashchuk, Chief Administrative Officer of the National Council, announced the suggestions aimed at resolving of a number of problematic aspects in the activities of the media during the election period. According to him, the amendments to the legislation should expand the powers of the National Council as an independent regulatory authority to increase the amount of penalties, to provide definitions of terms which constitute the main principles of ensuring the elections, such as “balance”, “impartiality”, “objectivity” etc. It is necessary to determine quantitative and qualitative parameters of such information for its practical applying. He also said that it is important to legislate the obligation of broadcasters related equal and balanced distribution of airtime for information programmes among the participants of the election process and to determine the administrative responsibility for violations.

The conference “Media and Elections in Ukraine: Challenges and Possible Solutions” was organised with the financial support of the Council of Europe projects “Strengthening freedom of media and establishing a public broadcasting system in Ukraine”, “Reform of the electoral practice in Ukraine”, “Assistance to the Ukrainian authorities in reforming electoral legislation and in conducting constitutional reform”.