Legal Response to Propaganda Broadcasts Related to Crisis in and Around Ukraine, 2014–2015
International Journal of Communication 9(2015), Feature 3125–3145 1932–8036/2015FEA0002 Legal Response to Propaganda Broadcasts Related to Crisis in and Around Ukraine, 2014–2015 ANDREI G. RICHTER1 Lomonosov Moscow State University, Russia Organization for Security and Co-operation in Europe (OSCE) Keywords: freedom of expression, freedom of the media, propaganda for war, incitement to hatred, international standards, rule of law, national regulators, Russia, Ukraine, UK, Latvia, Lithuania, Moldova The conflict in and around Ukraine in 2014–2015 has brought about the spread of propaganda for war and hatred, especially on television and on the Internet. Research on the national laws and resolutions made by courts and independent media regulators that adjudicated complaints on Russian TV propaganda in Latvia, Lithuania, Moldova, the UK, and Ukraine shows that the national courts and regulators made few references to international norms, resting, rather, on domestically developed standards. As a result, there was a lack of solid grounds for stopping, blocking, and banning programs emanating from Russian media. In particular, there was no clear line between propaganda for war and hatred, proscribed under international norms, and legally protected Kremlin interpretation of the events in Ukraine. The comparative analysis of case law attempts to provide a modern rationale for regulation of propaganda for war and hatred and through it to offer relevant recommendations. Introduction The year 2014 marked the 100th anniversary of the beginning of World War I. It is worthwhile to recall that the Austro-Hungarian ultimatum to Serbia, which precipitated the start of the hostilities, included a major demand to stop nationalistic propaganda, as it flared the existing controversies.
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