Monitoring report based on the results of the second half of 2018 Detector Media

Monitoring report based on the results of the second half of 2018 © Detector Media, 2018

Monitoring report

Activities of public authorities in the field of information policy and media regulation” based on the results of the second half of 2018

Monitoring is carried out within the framework of the project “Strengthening public control in the sphere of media” with the financial support from the National Endowment for Democracy (NED). The content of this report is exclusive responsibility of the Detector Media NGO and does not necessarily reflect the views of NED.

Monitoring report. – Kyiv: Detector Media, 2018. — 47 p. 4

Authors:

Maryana Zakusylo Svitlana Ostapa Halyna Petrenko

General editing:

Natalia Lyhachova

Project coordinator:

Olena Demchenko Design and layout:

Oleksandr Ivanov

Monitoring report contains review and evaluation of the activities carried out by the Verkhovna Rada Committee on the Freedom of Speech and Information Policy, State Committee on Television and Radio Broadcasting, National Television and Radio Broadcasting Council, and the Ministry of Information Policy in the first half of 2018. The report gives comprehensive insight into the state, achievements, and challenges of the state information policy in Ukraine against the backdrop of war and democratic media reforms. It will be of interest to civil servants, media analysts, representatives of non-governmental media organizations, persons who study the state policy, representatives of technical assistance programs, journalists, and all interested citizens. 5

Content

Svitlana Ostapa 6 Ukraine switched to digital broadcasting. Monitoring of the activities of the Committee on Freedom of Speech carried out in the second half of 2018

Svitlana Ostapa

15 Completion of the reform of printed media. Monitoring of the State Committee on Television and Radio Broadcasting in the second half of 2018

Maryana Zakusylo 23 Farewell to analogue television. Monitoring of the activities of the National Council in August-December 2018

Halyna Petrenko 41 Hyperactive season: the results of the work of the Ministry of Information Policy in the second half of 2018 6

Ukraine switched to digital broadcasting

Monitoring of the activities of the Committee on Freedom of Speech carried out in the second half of 2018

The Parliamentary Committee on Freedom of Speech and Information Policy has focused on protecting the information space and on the legal counteraction of fakes. At the same time, the Committee failed to get amendments to the law on reforming state and municipal printed media, the law on audiovisual services, and the resolution on monitoring the media during the election approved, failing to fulfill their own work plan. The Committee became a platform for discussing the introduction of digital broadcasting in Ukraine. The chair of the Committee, who had faced a lawsuit for protecting journalists’ rights in spring, won the appeal. Earlier, Detector Media published monitorings of work performed by the Committee on Freedom of Speech during the first half of 2018, second and first half of 2017, second and first half of 2016.

Meetings During the ninth session of the eighth Svitlana convocation (September 2018 - January 2019), Ostapa as at the end of December, the Committee on Freedom of Speech and Information Policy held 10 meetings, during which several dozens of issues were considered, a number of which were related to the monitoring of Key areas of work of the Committee the implementation of laws and resolutions. in the second half of 2018: The Committee’s activities did not always correspond to the plan of its work for • counteraction of enemy propaganda and this period. According to the chair of the information space protection; committee Viktoria Siumar, the committee • control over the introduction of digital has always responded promptly to the broadcasting in Ukraine; existing challenges: both to the violations of journalists’ rights and dangerous laws. Her • control over the implementation of a deputy in the committee and colleague from number of media reforms, in particular the People’s Front faction Serhiy Vysotskyi denationalization of printed media and also believes that the work performed by public broadcasting, media ownership the committee should be considered to be transparency; effective. In support of his words, he cites the • protection of journalists and the media; results of the public monitoring of the work performed by the parliamentary committees, • work on the bill on social advertising; where the Committee on Freedom of Speech • development of a basic sector-specific law was recognized as the best agency in terms of “On Audiovisual Services”. transparency and openness. When analyzing the work performed by the committee,

СвітланаSvitlana Ostapa Остапа 7 committee member Yuriy Pavlenko noted that been affected by the hostilities and reside in it was not possible to hold an off-site meeting the Donetsk and Luhansk regions in which in the Donbas. “It was not just a formality, Ukrainian public authorities exercise their this would stimulate our authorities, which, powers). The Committee recommended that unfortunately, are often still irresponsible, to the Verkhovna Rada adopt this bill as a priority take active actions,” he complained. one in the second reading and in general. The bill is aimed at countering enemy propaganda Committee members were traditionally by increasing the level of population’s access actively participating in the meetings: during to the Ukrainian information space which is the ninth session, Fedir Bendiuzhenko, Bohdan formed by domestic printed periodicals. Onufryk, Oleksandr Sochka, Viktoria Siumar, Olha Chervakova, and Hryhorii Shverk did not On September 18, the Verkhovna Rada miss any meeting, whereas Olena Kondratiuk adopted the law on separate tariffs for the attended only two meetings, and Oleksandr receipt and delivery of press to the Donetsk Abdullin attended none, which once again and Luhansk regions in the second reading and changed the statistics of the committee for the in general. worse. At the first meeting of the ninth session We would like to remind you that there are committee members also considered and thirteenth members in the Committee on backed the bill No. 8600 “On Amendments to Freedom of Speech, and the ratio of political Certain Laws of Ukraine Regarding Territories forces is still in favor of the “People’s Front” With a Special Broadcasting Mode”, which had (five members). been introduced by people’s deputies Viktoria Siumar, Oleksandr Danchenko, and Vladyslav Law-making activities: Sevriukov. The Committee on Freedom of strengthening information security Speech recommended that the parliament take it as the basis in the first reading and in As at December 22, 2018, 233 bills were under general. the Committee’s consideration, 95 of which the agency has to prepare as the main committee. On October 2, at an extraordinary meeting, the Committee on Freedom of Speech backed As for industry-specific bills prepared by the the bill No. 9068 “On Amendments to the committee, on October 2, 2018, in the second Law of Ukraine “On Television and Radio reading Verkhovna Rada adopted amendments Broadcasting” regarding strengthening of to the law “On the Improvement of Health and information security and counteracting the Recreation of Children” regarding broadening aggressor state in the information sphere. The of the category of children who need special Committee backed the bill on the imposition of social attention and support. From now fines on broadcasters which justify occupation. on, children of journalists who died when Committee members recommended that the performing their professional duties fall into Verkhovna Rada adopt the bill as the basis this category. 238 people’s deputies voted for according to the results of the consideration in the corresponding bill No. 7537. The bill also the first reading. provided for special social support for children of journalists who got severe disabilities as a Authors of this bill suggested that the result of performing their professional duties. parliament fine television channels for However, as a result of amendments made in broadcasting statements that justify occupation the second reading, all children whose mother of the territory of Ukraine or believe that this of father got a severe or moderate disability occupation is lawful, if such broadcasting from now on fall into a special category. is aimed at inciting hostility and hatred. The bill also suggested that television and According to the work plan, on September 5, radio companies should not be allowed to at the first meeting of the ninth session of the disseminate terms that contradict the law Verkhovna Rada of the eighth convocation, “On the Peculiarities of State Policy on the members of the Committee on Freedom of Protection of the State Sovereignty of Ukraine Speech and Information Policy backed the in the Temporarily Occupied Territories of the bill No. 8114 “On the State Support of the Donetsk and Luhansk Regions”. At the same Media and Social Protection of Journalists” time, it stipulates that if statements justifying (concerning counteraction of enemy the occupation of the territories of Ukraine are propaganda and improvement of information not pre-recorded and are a part of a speech support of citizens of Ukraine who have

Ukraine switched to digital broadcasting. Monitoring of the activities of the Committee on Freedom of Speech carried out in the second half of 2018 8 given by a person who is not employed at and Radio”, which had been initiated by the the TV channel, then, such a television and people’s deputy Viktoria Siumar, as the basis radio company shall not be liable for these in the first reading. “We need to finally resolve violations. In addition, the bill provides the issue of social advertising. Especially before for the increase of broadcasters’ liability (a the elections. Because in our country every fine of up to 25% of the license fee without agency whose name contains the word “social” the imposition of sanctions in the form of a is already issuing permits for the broadcast of warning) for broadcasting television programs social advertising. For example, the Ministry which contain promotion or propaganda of the of Social Policy. What do they have to do with aggressor’s authorities, which were produced television?” noted Viktoria Siumar. If this law after August 1, 1991. is adopted before July 15, 2019, it will be put into effect not earlier than on January 1, 2020, At the same extraordinary meeting on the and if this happens after July 15, 2019, it will initiative of the first deputy chair Olha be put into effect not earlier than on January Chervakova, the committee considered the 1, 2021. issue of amending the bills on language, which provide for at least 90% of the There is serious doubt as to whether Ukrainian language on television and radio. global changes will be made to the laws on The Committee decided to suggest that the advertising and outdoor advertising by the specialized committee on culture and religion end of the tenure. As for the bill on social adopt the norms under the bills on language advertising, there is still a small chance that concerning television and radio broadcasting, parliamentarians will want to resolve the issue so that they are the same as in the current of social advertising before the elections. law on television and radio broadcasting. In addition, the Committee on Freedom of Viktoria Siumar noted that the Committee on Speech recommended that the Parliament Freedom of Speech would insist that language adopt a bill on the harmonization of norms for television and radio were adopted legislation in the field of comparative in such a way so as to correspond with the advertising, since Ukraine needs to law on television and radio broadcasting, and harmonize domestic legislation in the field of if the requirement for 90% of the Ukrainian comparative advertising with the legislation language remains in force, its enforcement of the European Union. Committee members should be delayed for a while. recommended that the Verkhovna Rada take The thing is that on October 13, 2018, the rules the bill No. 8515 on amendments to certain of the law on language quotas on television laws of Ukraine (on the harmonization took full effect. We are talking about 75% of of legislation in the field of comparative the state language for national and regional advertising with the legislation of the TV channels, 60% of the state language European Union) as the basis in the first for local TV channels, and 75% of the state reading. language for news programs on television. A In November, the Committee considered the fine of 5% of the total license fee is provided bill No. 9161 “On Amendments to Certain for broadcasters for failure to comply with Laws of Ukraine on Ensuring Transparency language quotas. During the first year (until of the Ownership of Providers who Offer October 13, 2018), there was a transition Program Services within Multi-Channel period: programs produced by the companies Digital Terrestrial Broadcasting Networks themselves and national audiovisual products with Nation-wide Coverage”, which had been were regarded as programs produced in introduced by people’s deputies Yuriy Bereza the state language, regardless of the actual and Oleksandr Shevchenko. By a majority language used in these programs. Within the vote (Yuriy Pavlenko, representative of the quotas, films and programs that were not “Opposition Bloc” faction, voted against), national audiovisual products were supposed committee members recommended that the to be dubbed in the Ukrainian language. parliament adopt this bill in the first reading. The Committee on Freedom of Speech backed The bill, which the experts also call the the project on social advertising. On October “Zeonbud” ownership transparency project, 3, 2018, the committee decided to recommend stipulates that a number of requirements are that the Verkhovna Rada take the bill No. imposed on founders, participants, and owners 8616 “On Amendments to Certain Laws of of providers who offer program services in Ukraine on Social Advertising on Television general, and providers who offer program

СвітланаSvitlana Ostapa Остапа 9

services within multi-channel digital terrestrial the specialized Committee on Legislative broadcasting networks with nation-wide Support of Law Enforcement a conclusion coverage in particular. regarding the subject of the competence of the Committee on Freedom of Speech, with a According to Victoria Siumar, this is an proposal to recommend that the Parliament extremely important initiative: reject the bill No. 9306 on making amendments to the Criminal Code of Ukraine and Criminal Procedural Code of Ukraine with regard to imposition of liability for slander.

“We have talked so much with the committee Despite the incredible efforts of the committee members about the non-transparency of this and public organizations taken to once again agency’s ownership and about the fact that this make amendments to the law on reforming state creates many problems for the state information and municipal printed media, the parliament security. We know perfectly well that somebody once again did not approve them. The bill No. wants to enter this agency and to buy something 8441 was introduced to the Verkhovna Rada in order to control the digital television market by the members of the Committee on Freedom in Ukraine. We understand that there is such of Speech and Information Policy. Authors of a problem. If we adopted a law on ownership this bill include experts from the Center for transparency for TV channels and radio channels, Democracy and Rule of Law (CEDEM), the then why don’t we adopt a law on the provider Ukrainian Media Business Association, the which is actually a key figure in digital broadcasting. Human Rights Platform, the State Committee We understand perfectly well what the chances on Television and Radio Broadcasting, and the that this this project will be backed are, but Committee on Freedom of Speech. The bill was nevertheless. It is important that the committee intended to address systemic problems faced by has a consistent political stance”. printed media during the reform process. On October 2, the Verkhovna Rada failed Viktoria Siumar to adopt at least one of the two bills “On Amendments to the Law of Ukraine “On The Committee on Freedom of Speech gave Reforming State and Municipal Printed an order to rework a bill on limiting the Media”. As a result of the vote, both bills were amount of paid advertising in the media, since rejected. At the same time, on the same day, the parliamentarians believe that it will not be parliament adopted a law that allows one not to possible to enforce such a law. The bill No. 9029 denationalize “Holos Ukrayiny” and “Uryadovyi “On amendments to Article 13 of the Law of Kurier” newspapers. 235 people’s deputies voted Ukraine “On Advertising” regarding restrictions for the relevant bill No. 6518 “On Amendments on the amount of paid advertising in the media to Certain Laws of Ukraine on Ensuring Official had been introduced by the people’s deputy Publication of the Laws of Ukraine and Other of Ukraine Boryslav Bereza. According to the Regulations.” The bill introduces a number of committee member Hryhorii Shverk, there is changes to the laws, in particular stipulates that a problem with regard to the resolution of the the law “On Amendments to the Law of Ukraine issue of political advertising in the legislation. “On Reforming State and Municipal Printed “In accordance with the legislation, political Media” does not apply to “Holos Ukrayiny” and advertising may only exist during the election “Uryadovyi Kurier” newspapers, which carry out period, whereas in a different time there is no official publication of the laws of Ukraine and such a concept. But de facto it exists. Therefore, other regulations. we need to regulate this,” he said. “As we can see, reforms are not so easy to carry Committee members noted that no television out,” said people’s deputy Viktoria Siumar, and radio airtime would be enough to co-author of the bill, to the deputies. “Local accommodate all candidates, if they are given authorities do not always want to cease to be 2.5 minutes each for their speeches, as it is founding members. Teams are blackmailed with suggested in the bill. regard to the property of editorial offices and In November, a legislative initiative to impose lease of premises. Chief editors are dismissed. liability for slander was introduced once It is possible to register newspapers with names again. Members of the Committee on Freedom that people are used to. This bill allows a labor of Speech were adamantly opposed to this collective to register a periodical with the same initiative and unanimously decided to send name, if a local authority does not comply with

Ukraine switched to digital broadcasting. Monitoring of the activities of the Committee on Freedom of Speech carried out in the second half of 2018 10 the law and does not cease to be a founding international organizations in connection with member. The law also allows the media to retain the murder of journalist Orhan Jemal, urging preferential lease of property, land, premises, so them to take the situation under special control that the media that have undergone a difficult and ensure an independent international reform process could continue to operate. In investigation of this flagrant crime. The December, the reform is supposed to end, and Committee appealed to the United Nations, then the unreformed media will be outside the the Council of Europe, the Organization for law.” Security and Cooperation in Europe, the Reporters without Borders, the International When evaluating the work performed by the Media Support (IMS), the Freedom House, and committee during the last six months, Ms. the Committee for the Protection of Journalists Siumar noted that, in her opinion, the bill on (CPJ) in connection with the brutal murder of the limitation of the language of hostility on Orhan Jemal and two Russian journalists. television, developed by the committee, was the most important of all. “I consider it to be of On September 5, the committee considered a European standard and believe that it could the issue related to the ruling of the Pechersk change the situation on television. On the other Court regarding access of the Prosecutor hand, failure to make amendments to the law on General’s Office of Ukraine to the telephone denationalization is the biggest disappointment. data of Natalia Sedletska, journalist and chief From the New Year on, we will be in a legal editor of the “Schemes” program (project by vacuum thanks to the people’s deputy Kaplin,” Radio Liberty). Viktoria Siumar promised her she said, hinting at Mr. Kaplin’s speech during colleagues to talk to the prosecutor general Yuriy the discussion of the bill No. 8441, when he had Lutsenko and find out whether this court order been criticizing the reform. was excessive. We would like to remind you that on August 27, 2018, the Pechersk District Court Committee member Hryhorii Shverk considers of Kyiv gave the Prosecutor General’s Office of failure to adopt the law on audiovisual Ukraine access to the telephone data of Natalia services to be the biggest shortcoming. In Sedletska, journalist of the “Schemes” program the opinion of Serhiy Vysotskyi, since the (project by Radio Liberty) in connection with Parliament was engaged in the consideration a case concerning possible disclosure of a state of issues related to priority areas, important secret and pre-trial investigation data by the issues related to the ongoing reform of state Director of the National Anti-Corruption Bureau and municipal printed media, a number of of Ukraine (NABU) Artem Sytnyk. legislative initiatives in the field of access to public information, legislative initiatives on In September, the Committee on Freedom of outdoor advertising, online regulation, media Speech also condemned the assault on the ownership transparency, and adoption of the journalist of the NewsOne TV channel Daryna sector-specific Law “On Audiovisual Services” Bilera, who was attacked by protesters during were not properly resolved at the legislative a rally near the General Prosecutor’s Office of level. “Unfortunately, so far it was not possible to Ukraine. Kyiv police officers arrested a woman consider fundamental bills on counteracting the who hit the journalist. When considering this aggressor in the information sphere and on the issue, the parliamentary committee had a transparency of media financing,” he said. discussion with the NewsOne representatives about the channel’s editorial policy, which Protection of journalists’ rights and was not approved by all parliamentarians. On sanctions October 3, the Committee considered more thoroughly the assault on the correspondent During the ninth session, the Committee on of the NewsOne channel, as well as other Freedom of Speech and Information Policy has cases of the prevention of journalistic activities repeatedly considered complaints from both recorded in 2018. Representatives of law the media and individual journalists about enforcement agencies and mass media were interference in their professional activities, invited to the meeting. Several cases of attacks pressure, and even threats to close TV channels. on media representatives during which police In addition, the committee was approving representatives did not provide assistance to applications and appeals to domestic and the victims were discussed. Therefore, Yuriy international organizations. For example, before Pavlenko suggested that they discuss the cases the opening of the 9th session in August, the of inaction during the attacks on journalists Committee on Freedom of Speech appealed to together with law enforcement officers.

СвітланаSvitlana Ostapa Остапа 11

Attempts of the officer of the Security Service of Volodymyr Borodianskyi, general director of Ukraine to pressure and recruit a journalist from the Novyi Kanal Volodymyr Lokotko, general the “Strana.ua” online media was considered by director of the “1+1 media” group Oleksandr the Committee on Freedom of Speech behind Tkachenko, as well as the owner of the closed doors. StarLightMedia group Viktor Pinchuk, Minister of Information Policy of Ukraine Yuriy Stets, The opinions of the members of the Committee journalist and TV presenter Vitaliy Portnykov on Freedom of Speech regarding the so-called and others. sanctions against 112 Ukraine and NewsOne TV channels differed. Some of them thought Members of the Committee on Freedom of that this decision was unnecessary, while others Speech have repeatedly stated both in social called these channels Moscow agents out loud. networks and during committee meetings that We would like to remind you that on October they consider such sanctions to be honorable. 4, the Verkhovna Rada adopted a resolution At the same time, they noticed that Russia’s approving sanctions proposals with respect to so-called sanctions against Vitaliy Portnykov are “Ariadna TV” LLC, “Novyi Format TV” LLC, “TV unfounded and violate the right to express one’s Vybir” LLC, “Television and Radio Company opinion. On December 5, 2018, members of the “112 TV” LLC, “Leader TV” LLC, “Partner TV” Committee on Freedom of Speech decided to LLC (legal entities for which the licenses of 112 send an appeal to international organizations Ukraine TV channel are registered) and “Novyny regarding imposition of the so-called sanctions 24 Hodyny” (legal entity of the NewsOne TV by the Russian Federation on the Ukrainian channel). The parliament was supposed to journalist Vitaliy Portnykov. According to submit their proposals to the National Security people’s deputies, these sanctions have nothing and Defense Council of Ukraine, which might to do with international law. “The above actions consider them and make its decision on of the Russian Federation can be considered, sanctions, which would then be put into effect in particular, as the violation of the freedom of by the decree of the President of Ukraine. TV speech and the right to express one’s point of channels are currently continuing the campaign view,” they believe. The Committee has sent for their protection: both on air and at the a relevant appeal to the UN, the Council of international level. The National Security and Europe, the EU, Amnesty International, and Defense Council has not made any decisions yet. other international organizations. However, soon sanctions were imposed on the When assessing the committee’s work related committee members themselves. On November to the protection of journalists’ rights, Yuriy 1, the authorities of the Russian Federation Pavlenko noted that the committee did made public a resolution on “Measures to not adopt a rigorous policy regarding the implement Presidential Executive Order parliament’s decision about the imposition of dated October 22, 2018 On Special Economic sanction on two TV channels and failed to hold Measures in Connection with Ukraine’s parliamentary hearings on the interference Unfriendly Actions towards Citizens and Legal with journalistic activities. “As for the safety Entities of the Russian Federation”, which is of journalists, due to the committee’s unclear related to the “freezing” of accounts, securities, stance, despite the fact that it considered and property of these individuals and companies individual cases, the committee did not propose in the territory of the Russian Federation, as any systemic solution that would protect well as a ban on transferring funds outside the journalists. These issues, as well as the approval Russian Federation. of the bill No. 9329 on the moratorium on media checks during the elections, will not be The list of individuals on whom special resolved until the next year,” he told. economic sanctions were imposed includes: chair of the Committee on Freedom of Speech On December 19, chair of the committee and Information Policy Viktoria Siumar, Viktoria Siumar won the appeal against the committee members Serhii Vysotskyi, Olena ruling of the District Administrative Court of Kondratiuk, Bohdan Onufryk, Vladyslav Kyiv under the lawsuit filed by the people’s Sevriukov, Olha Chervakova, and Hryhorii deputy from the “Opposition Bloc” faction Vasyl Shverk, as well as several heads of national Nimchenko in the case related to interference TV channels: general director of 112 Ukraine with the activities of journalists working on the Yehor Benkendorf, director and president of “Scheme” program. We would like to remind the ICTV channel Oleksandr Bohutskyi, head of you that on April 7, 2018, the committee the STB TV channel and StarLightMedia group heard interim results of the consideration of

Ukraine switched to digital broadcasting. Monitoring of the activities of the Committee on Freedom of Speech carried out in the second half of 2018 12 the assault committed by the guards of Viktor market, so that the Ukrainian audience would Medvedchuk, the leader of the “Ukrainian be provided with Ukrainian television. The choice” organization, on the journalists of Committee prepared recommendations and the “Scheme” program near the VIP terminal sent them to the Cabinet of Ministers and other of the Kyiv airport on November 7, 2017. agencies and promised to request information At that time, Viktoria Siumar said that the about the work performed. In the opinion of course of investigation into the interference people’s deputies, first of all, the following with the professional activities of journalists problems must be resolved: provision of set-top is alarming. After that, in April 2018, Vasyl boxes at the expense of the state at least for Nimchenko filed a lawsuit against Ms. Siumar those people who receive subsidies, creation to the District Administrative Court of Kyiv. Mr. of competition for the monopolist “Zeonbud”, Nimchenko was asking the court to consider issuance of licenses for digital broadcasting to illegal actions of the chair of the committee with regional broadcasters. regard to interference with the activities of the prosecutor’s office and pre-trial investigation Information security. The National bodies under the National Police of Ukraine, Council. On the threshold of the which conduct a pre-trial investigation in a elections criminal proceeding regarding interference with the legitimate professional activities of the The Russian Federation has intensified journalists of the “Scheme” program. propaganda from the Crimea to the controlled territory of Ukraine. On September 19, 2018, Transition to digital broadcasting: the Committee on Freedom of Speech heard long and tiresome start information presented by the permanent representative of the President of Ukraine in the On September 1, 2018, analogue television Autonomous Republic of Crimea, Borys Babin. was switched off in Ukraine. On September 5, According to him, Ukraine is going to muffle the 2018, in response to the citizens’ requests, at signal of the new Russian TV channel “Solonoe its next meeting the Committee on Freedom Ozero” [Salt Lake], which started broadcasting of Speech considered analogue terrestrial in Dzhankoy, both in the controlled and television switch-off and the transition to digital temporarily occupied territory. The deputies broadcasting in Ukraine. However, there were so promised to promote information security, but many questions that people’s deputies decided at the same time, they stated that not everything to consider transition to digital broadcasting depends on them. Earlier, after the off-site comprehensively, at a separate committee meetings, both the entire committee and certain meeting; but first they decided to request the members (in particular, Yuriy Pavlenko) had Cabinet of Ministers, the National Council on appealed to the National Security and Defense Television and Radio Broadcasting, the Concern Council of Ukraine with regard to information of Radio Broadcasting, Radio Communications, threats in the occupied and annexed territories. and Television, and the State Committee on The National Security and Defense Council of Television and Radio Broadcasting to provide Ukraine replied that they would consider these the relevant information about the quality suggestions when making the appropriate of coverage of the territory of Ukraine by decision. the digital signal given out by the provider “Zeonbud” LLC and about the provision of set- In November, the Committee on Freedom of top boxes for low-income citizens. Speech considered the appeal made by the Luhansk Regional Military-Civil Administration At a separate meeting devoted to Ukraine’s regarding provision of financial support for transition to digital broadcasting, the Committee regional television and radio companies, in reached disappointing conclusions: Ukraine did particular, to the branches of the National Public switch to digital broadcasting, but we are losing Television Broadcasting Company “UA:Donbas”, Ukrainian audience, especially in the border “STV” television and radio company territories. At the same time, all participants of (Sievierodonetsk), and “IRTA” national the meeting were aware that there would be no television and radio company, which broadcast comeback to analogue broadcasting. in the territory of the United Forces Operation Viktoria Siumar said they needed to do in the territory of the Luhansk region which is everything necessary to ensure transparent controlled by Ukraine. Committee members and clear rules of the work in the television decided to appeal to the Cabinet of Ministers regarding the need for redistribution of budget

СвітланаSvitlana Ostapa Остапа 13 funds allocated to the Ministry of Information on December 5, 2018, at the next meeting, Policy under the program “Implementation members of the Committee on Freedom of of Measures Aimed at Protecting the National Speech and Information Policy rejected these Information Space” in the amount of 362.5 candidates for the vacant post at the National million UAH. The Committee also sent the Council. appeal regarding provision of support for the “There were a number of problems with the branches of the National Public Television documents submitted by some candidates, Broadcasting Company “UA:Donbas”, “STV” so we consulted lawyers, and they believe and “IRTA” television and radio companies to that untimely submission of documents the National Security and Defense Council of and submission of documents by public Ukraine, the National Council on Television and organizations that do not have the status of Radio Broadcasting, and the Concern of Radio all-Ukrainian organizations are violations. We Broadcasting, Radio Communications, and cannot tell the parliament that these candidates Television. meet qualification requirements. Therefore, By the way, the concept of information there is a suggestion that the rest of the security, which has been repeatedly used in candidates, except for those whom we approved the legislation, has not yet been defined in last time, should be rejected,” said the chair of the law. People’s deputies from the “People’s the Committee Viktoria Siumar. Front” faction Ihor Kotvitskyi and Andriy As it always happens before all presidential Teteruk suggested that the concept “information and parliamentary elections in Ukraine, the security” should be defined in the legislation Committee on Freedom of Speech suggested and registered the corresponding bill No. 9340 that the parliament adopt a resolution on the “On Amendments to the Law of Ukraine “On unhindered work of the media during the Information Security” on November 26, 2018. elections. On December 5, the Committee In particular, they suggested that the following recommended that the Verkhovna Rada take notion should be added to the Article 1 of the the resolution “On Ensuring Unhindered Work Law “On the National Security of Ukraine”: of the Media During the 2019 Elections” as the “information security is a state of protection of basis and in general. People’s deputy Vladyslav the vital interests of a person and a citizen, the Sevriukov added the words “planned checks society and the state, which prevents damage shall be conducted only on the initiative of the caused by the dissemination of incomplete, broadcaster itself” to the paragraph 3 of the untimely, and unreliable information, violation resolution. On December 18, the parliament was of integrity and availability of information, supposed to consider (but did not have enough unauthorized circulation of restricted time) this resolution, which, by the way, caused information, as well as damage caused by arguments among the Committee members. the negative informational and psychological In particular, some members believed that the influence and deliberate infliction of negative adoption of such a resolution would promote consequences of the use of information impunity of the media for promoted stories and technologies.” It was also suggested that gore. insurance of the information security of Ukraine should be included in the main areas of state What can the committee do to prevent Russia information policy in the law “On Information”. from the information aggression, especially during the elections? According to Viktoria On November 21, members of the Committee on Siumar, they should draft the bill taking the Freedom of Speech considered candidacies for a French one as the basis, promote the adoption vacant post of a member of the National Council of laws regarding the language of hostility, on Television and Radio Broadcasting. Having and make amendments regarding political heard all the applicants, the Committee on advertising. “In principle, I am the author such Freedom of Speech decided that only six of the amendments. But there will be a window of 10 candidates met qualification requirements. opportunity for their adoption only after the Therefore, the Committee recommended that election,” the chair of the committee said. the parliament first consider six candidates for the vacant post in the National Council. There Serhiy Vysotskyi believes that the committee were some issues with the documents submitted should exercise more active control over the by four candidates. The Committee encouraged activities of central executive authorities. them, noting that their candidacies will be Namely, push forward with the infrastructure re-considered at the next meeting. However, support of access of Ukrainian citizens to the

Ukraine switched to digital broadcasting. Monitoring of the activities of the Committee on Freedom of Speech carried out in the second half of 2018 14 information provided by the Ukrainian media to speculate on this issue and initiate projects after the analogue television signal switch- which are allegedly aimed at protecting the off; petition the Cabinet of Ministers and the information space, whereas they are actually National Security and Defense Council of aimed at protecting themselves,” he said. Ukraine to provide financial support in order Hryhorii Shverk believes that the committee to ensure operation of the available resources should make efforts to adopt the bill on which muffle the signal of Russian television increasing the powers of the National Council to and radio channels (mufflers that have been impose sanctions on the media which deny the turned off due to electricity debts) and install aggression of the Russian Federation and spread muffling systems along the border with the the language of hostility. This bill is also not put Russian Federation; initiate creation of a to vote during sessions. national information security center under the National Security and Defense Council of This too can happen Ukraine; analyze together with the Ukrainian State Center for Radio Frequencies, the National People’s deputy from the Petro Poroshenko Council of Ukraine on Television and Radio Bloc Oleh Barna sent an appeal to the members Broadcasting, and the National Public Television of the Committee on Freedom of Speech, Broadcasting Company the state of the provision demanding that accreditation of Ihor Koltunov of the FM-band radio frequency resource of the – a journalist working on the “Money” program “Ukrainian Radio” and initiate changes to the at the 1+1 TV channel, who Oleh Barna National Television and Radio Broadcasting swore at in the parliament on October 2 – in Development Plan regarding the development the Verkhovna Rada of Ukraine is canceled. of FM broadcasting provided by the “Ukrainian The first deputy chair of the Committee on Radio”; react to the cases of the re-broadcast Freedom of Speech Olha Chervakova regards of Russian propaganda messages on domestic this as a conflict of interests, because a people’s information resources promptly and within the deputy cannot demand punishment of the limits of powers. journalist who he swore at. According to her, the legislation does not contain mechanisms for According to Yuriy Pavlenko, the committee canceling journalist’s accreditation. Members of has prepared enough decisions, so that the the Committee on Freedom of Speech did not authorities could protect the information support their colleague Oleh Barna, because, in space. “The authorities are currently trying their opinion, his behavior was unworthy.

Conclusions

In the second half of 2018, never did the Committee on Freedom of Speech and Information Policy fail to hold a meeting because of the fact that there was no quorum. But they still have not hold an off-site meeting in the Donbas. The committee was working openly. At the same time, representatives of opposition factions started missing sessions more often, and some of them do not participate in their work at all. As it always happens before the elections, populist rhetoric has become more widespread. The Committee failed to protect the reform of state and communal printed media. It failed to get amendments to the law on the reform approved, which would allow the willing periodicals to complete the reform. Now, from January 1, 2019, they may lose their certificates of state registration. The Committee was paying more attention to the issues of information security and was supervising Ukraine’s transition to digital broadcasting. For the first time the agency tried to standardize the issue of social advertising comprehensively. The chair of the committee managed to win the appeal against the decision of the District Administrative Court of Kyiv under the lawsuit filed by her parliamentary colleague, who had brought legal action against her for the fact that she had been performing her core duties (consideration by the committee of the case related to interference with the activities of journalists working on the “Scheme” program).

СвітланаSvitlana Ostapa Остапа 15

Completion of the reform of printed media Monitoring of the State Committee on Television and Radio Broadcasting in the second half of 2018

In the second half of 2018, the State Committee on Television and Radio Broadcasting was completing the reform of state and municipal printed media. They continued to work actively with restrictions on the import of Russian books to Ukraine, to seize Russian publications imported without permission, and to penalize those who import them. The Committee failed to obtain proper funding for Public Broadcasting in 2018 and 2019. Earlier, Detector Media published monitoring of the State Committee on Television and Radio Broadcasting for the first half of 2018, the first and the second halves of 2017, the first and the second halves of 2016.

the first stage of the reform of printed media in time. First of all, this happened because of the sabotage of local authorities. At the end of the Svitlana second year of the reform, it became clear that Ostapa some editors (and editorial teams) of municipal newspapers did not approve of this reform, because they were afraid to lose their jobs as the result of changes. Completion of the reform of the The State Committee on Television and Radio Broadcasting continued to carry out measures state and municipal press to implement the reform. In accordance One of the most large-scale media reforms in with the law, all information provided to Ukraine — the reform of state and municipal the State Committee on Television and media — will be completed on December 31, Radio Broadcasting by the founders of state 2018. In 2005, the Parliamentary Assembly of and municipal media was presented in the the Council of Europe called on the Ukrainian Consolidated List of Reformation Objects. authorities to start denationalizing the printed The Committee also monitored the process of media established by the state authorities and reforming the printed media and the editorial local self-government bodies. The main purpose boards, ensuring that reformed media keep of the Law of Ukraine “On Reforming State and their names, intended purpose, language, and Municipal Printed Media” is the dissemination thematic scope. of objective information in the interests of According to the statistics of the State Ukrainian citizens. The implementation of the Committee on Television and Radio law has to establish new rules for cooperation Broadcasting, it was possible to reform slightly between public authorities and local self- more than half of the media. As of December 11, government bodies with the printed media 2018, 336 printed media and editorial boards established by them. This should be equal were reformed, namely: 316 municipal media relationships, not “owner-subordinate” one. (which make up about 52% of the total number According to the law that came into force on of actually published) and 20 state media (which January 1, 2016, implementation of this reform make up 25% of the total number of actually was scheduled for three years. During the first published). It should be reminded that 760 state year, the State Committee on Television and and municipal printed media (663 municipal Radio Broadcasting did not manage to carry out and 97 state media) were included into the

Completion of the reform of printed media. Monitoring of the State Committee on Television and Radio Broadcasting in the second half of 2018 16

Consolidated List, of which 67 media stopped In parallel with this activity, the State Committee being published before the end of the reform on Television and Radio Broadcasting continued process. It is obvious that by the end of the year, to provide methodological and legal assistance more media will manage to reform by the skin of to the editorial staff of newspapers that were their teeth. reformed. In particular, the State Committee participated in the implementation of the Only about 6.7% of the total number of working “Freedom of Media in Ukraine” project, which editor boards did not change their state status was implemented with the assistance of the due to the co-founders who - for various reasons Council of Europe and the European Union. - did not make decisions and thereby hindered Within the framework of this project during the process of the reform. In most cases, the 2017-2018, trainings were conducted in Kharkiv, editorial staff themselves hampered the reform Dnipro, Lviv, Chernivtsi and Chernihiv on process, as they were hoping, in particular, to topic: “Legal and practical aspects of reforming extend the process of denationalization, and state and municipal printed media” with the counting on financial support from the local participation of experts of the Platform for authorities. Also, there were those who did not Human Rights NGO. take the reform seriously. Oleh Nalyvaiko approves of the reform and The leaders of the reform process are Vinnytsia, thinks that three years is quite enough to Mykolayiv, Rivne, Sumy, Ternopil, Cherkasy and carry out all the necessary procedures. “The Chernihiv regions. Accordingly, the outsiders are reform has taken place. We have fulfilled our Kyiv, Lviv, Dnipropetrovsk and Ivano-Frankivsk commitment to the Council of Europe, which regions. Only one printed media has been we took over 10 years ago when Ukraine was reformed in Zakarpattia region and in the city of accepted into a European family. We have Kyiv. Unfortunately, not everywhere all subjects abolished the Soviet system of publishing of the reform have acted in accordance with the news bulletins of local and state authorities. law. The media which have been reformed change Previously, media experts criticized the State their editorial policy in full view: they refuse Committee for not emphasizing the importance from advertorials and full dependence on the of this reform to local authorities. In the second telephone law of those in power. Of course, this half of 2018, at the last stage of the reform, reform had to be implemented in 2005-2008, the State Committee on Television and Radio when the commitments were made. There were Broadcasting repeatedly addressed the local other circulations, revenues from advertising, authorities and the local self-government with consumer sentiments... Nevertheless, even now, the request to intensify their participation in the there are many examples of media outlets that process of reforming municipal printed media have successfully undergone reform, and their and to take measures to eliminate obstacles number is growing despite economic problems. to the reform. According to Oleh Nalyvaiko, Among them, I want to highlight “Obriyi the chairman of the State Committee on Izyumshchyny”, “Dialog” from Kremenchuh, Television and Radio Broadcasting of Ukraine, “Nadrossia” from Korsun-Shevchenkivskyi, in monthly meetings of the Committee’s Board “Polohivvski Visti”, “Kray” from Horodenka, which were held regularly, the problematic “Holos Posullia” and “Vpered” from Bakhmut. issues that arose during the implementation In the State Committee, they consider as of the law were discussed, reports which are the main enemy of the reform the complex usually represented by heads of information economic situation of the industry: the increase departments and sometimes deputy heads of in the price of paper, the discriminatory regional state administrations on the state of the tariff policy of Ukrposhta, low income of the reform in the regions were heard systematically. population and the objective transition of many In particular, in the second half of the year, readers to electronic media. Zaporizhzhia, Dnipropetrovsk, Zakarpattia and Kyiv regions reported. “Following the results The Committee, like all those who supported of these discussions, local authorities were the reform, was hoping for the adoption of the recommended to find ways together with local bill No. 8441 which would have allowed the self-government heads to solve problematic media outlets which were put a little grit in the issues of reforming municipal printed media and bearings by local governments (about 50 of to strictly adhere to the requirements of the law,” them) to be re-registered during the first half of Oleh Nalyvaiko said. 2019. According to the bill, media teams should have been given priority right to use the name

СвітланаSvitlana Ostapa Остапа 17 of the printed media and to rent its property. create municipal companies, which become the It also would have made it possible to leave a founders of newspapers. The authorities of Kyiv preferential rent for property, land, premises, went this way. Some other government bodies so that the media that were reformed could create so-called newsletters that have formal continue to function. However, the parliament features of mass media. It means that they failed on October 2 to pass this law. print not only drafts of documents/documents, but also PR articles about heads of the local How to help the media outlets the reforming authorities. of which was blocked by local authorities without the amendments to the law, remains In 2018, the Committee did not manage to unknown. According to Nalyvaiko, the failure of obtain state financial support for the reformed the founder of the printed media to submit the local printed media. application for re-registration to the Ministry of State Committee on Television and Radio Justice of Ukraine by December 31, 2018, is not Broadcasting should now more actively work grounds for the invalidation of the certificate of with the government in general and the Ministry state registration of the printed media. The state of Justice in particular on maximal preservation is working out an algorithm of joint actions with of local newspapers that could not be reformed the Ministry of Justice in order to minimize the but not because of their own fault. possible negative consequences for the editorial offices. Public Broadcasting Reform: At the last State Committee collegium meeting underfunding of the National Public of 2018, which took place on December 18, the participants called for the Ministry of Justice to Television Broadcasting Company urgently prepare and publish on the Ministry’s and the “bewitched” Ukrtelefilm website an official explanation for those media We would like to remind you that on January outlets that may lose their registration on 16, 2017, the Cabinet of Ministers of Ukraine January 1, 2019. Yuriy Yurchuk, head of the determined that the State Committee on department for registration of public structures, Television and Radio Broadcasting would printed media and news agencies, assured that be managing the property of the “National the Ministry of Justice would be very careful Public Television Broadcasting Company of at discontinuing registration by considering Ukraine” PJSC. The scope of the Committee’s the individual causes of each media. The most responsibility included approval of the important thing for all editorial offices that want financial plans of the National Public Television to complete the reform is to apply to the Ministry Broadcasting Company of Ukraine and approval of Justice until December 31, 2018. According to of reports on their compliance (legal entity representatives of the Ministry of Justice, a part “National Public Television Broadcasting of mass media which did not have time to reform Company of Ukraine” PJSC had been established but want to continue to publish a newspaper on January 19, 2017). have the right to register a new media outlet under the same name. During the second half of 2018, the State Committee on Television and Radio Nevertheless, it is already clear that some Broadcasting - as a shareholder - along with the newspapers will lose their registration and will board and the Supervisory Board of the Public close. As mentioned above, 67 media outlets Broadcasting Company, was involved in issues have already been closed over the past three of financial planning and reporting, as well as in years. property issues. However, for those media outlets which the The Supervisory Board and the Board of the local authorities do not want to let go and Public Broadcasting Company was preparing the editorial teams of which do not welcome in the second half of the year Amendments to the reform themselves, there are other ways the Charter of NPBC PJSC, partly related to the of survival. Somewhere, in order not to lose amendment of the law on joint-stock companies. their “own” media on the threshold of the The State Committee also worked out a draft elections, the authorities re-register them as of the Charter that should be submitted for news agencies that are not regulated by the approval to the Cabinet of Ministers. law on denationalization, or leave them in the form of websites that are not mass media at all The shareholder of the National Public from the legal point of view. Alternatively, they Television Broadcasting Company did not

Completion of the reform of printed media. Monitoring of the State Committee on Television and Radio Broadcasting in the second half of 2018 18

budget program 1701080 “Financial support of the National Public Broadcasting Company of Ukraine” funds for financing NPBC PJSC in the amount 1,816,933.1 thousand UAH were “Preparation of amendments to the Charter foreseen. But after considering in the Verkhovna of NPBC PJSC and submission of the relevant draft Rada the draft law in the first reading, of the regulatory document to the Government expenditures planned for NPBC PJSC were is a priority task for the State Committee on reduced by 816,933 thousand UAH. Television and Radio Broadcasting. Moreover, among the five proposals submitted by the State After reviewing and elaborating the Committee on Television and Radio Broadcasting budget conclusions of the Parliament, the to the draft of the Government Priority Action State Committee on Television and Radio Plan for 2019, we also stated the drafting and Broadcasting wrote a letter to the Ministry of submission to the Cabinet of Ministers of Ukraine Finance requesting to revise the draft law on the of a draft resolution, which would approve the state budget for 2019 until the second reading new charter of the NPBC PJSC. Now the State in order to provide 1,816,933.1 thousand UAH Committee on Television and Radio Broadcasting to NPBC PJSC. However, the proposal of the is working on the adaptation of the charter to Committee was not taken into account the amended law on joint-stock companies. The On November 23, 2018, the Verkhovna Rada aim of these changes is to create the necessary approved the Law “On the State Budget of conditions for ensuring more effective activity of Ukraine for 2019”, according to which the the NPBC and attracting additional investments,” State Committee on Television and Radio Oleh Nalyvaiko Broadcasting as the main budget holder of the budget program for financing the NPBC has manage to obtain proper funding for the Public received budget allocations within the general Broadcasting Company once again. The Law fund in the amount of 1,005,000.1 thousand of Ukraine “On Public Television and Radio UAH. Broadcasting of Ukraine” stipulates that the state Regarding the reform of the Public Broadcasting, should provide proper financing to NPBC PJSC, the State Committee on Television and Radio which is envisaged by a separate line in the State Broadcasting has one another commitment Budget and should amount to not less than 0.2% that is the transformation of the state-owned of the state budget general fund’s expenditures enterprise “Ukrtelefilm Studio” into a public for the previous year. joint-stock company and further affiliation to The Ministry of Finance of Ukraine during the NPBC PJSC. preparation of budget requests for the state At the end of 2017, by decree of the head of budget project for 2019 and the draft state the State Committee, the composition of the budget forecast for 2020-2021 informed the commission on transformation of the company State Committee on Television and Radio was approved and Taras Avrakhov was Broadcasting about the maximum amount of appointed as chairman of the transformation expenditures of the general fund of the State commission. In 2018, the plan for transforming Budget project, according to which the financial the state enterprise into a public joint stock support of the NPBC for 2019 was determined company was approved, as well as the personal in the amount of 1,816,933.1 thousand composition of the inventory commission UAH, including: consumption expenditures from the representatives of Ukrtelefilm. Taras – 1,560,104.6 thousand UAH, development Avrakhov managed to reduce even the small expenditures – 256,828.5 thousand UAH, which team of the studio, which did not produce corresponded to the requirements of Article 14 anything for many years, but failed to conduct of the Law of Ukraine on Public Broadcasting. an audit and an independent appraisal of the The State Committee on Television and Radio property, since the studio does not have the Broadcasting prepared and sent to the Ministry funds for them. The financial situation that of Finance an appropriate budget request. has arisen because of unsatisfactory activity In the Draft Law of Ukraine “On the State of the enterprise in the recent years, and Budget of Ukraine for 2019”, submitted to the huge debts (only salary debt reaches about 5 Verkhovna Rada of Ukraine on September 15, million USD) slow down the transformation. 2018, for the State Committee on Television In addition, litigations involving the State and Radio Broadcasting according to the Enterprise Ukrtelefilm, as well as the lack of title

СвітланаSvitlana Ostapa Остапа 19 documents on property rights to real estate and selection of assortment of products imported land hampered the transformation. into Ukraine meticulously. As a result, the absolute majority of publications for which In September of this year, the State Committee applications for import permits were filed, do on Television and Radio Broadcasting sent to not violate the prohibitions. Ukrtelefilm the approved Consolidated Report on inventory of its property, as well as the “Thus, the aggressor state - in the framework of approved list of its capital assets that are subject its hybrid war against Ukraine - was deprived to independent evaluation. of the possibility to expand the informational presence in Ukraine, to increase its influence The transformation of the SE into the PJSC was on the public sentiment of Ukrainians and to determined by the plan of the Government’s carry out propaganda campaigns aimed at priority actions for 2018. However, due to undermining Ukraine’s national security and the non-compliance with the schedule of promoting its own interests”, Oleh Nalivaiko transformation of the SE into the PJSC, the said. State Committee on Television and Radio Broadcasting approved three times during 2018 From May 20, 2017 (the date of entry into force a new version of the transformation plan and of the Resolution of the Cabinet of Ministers delayed its implementation. As of December, the of Ukraine No. 262 “Certain issues of issuance plan has been partially implemented. (refusal to issue, cancellation) of permits for import of printed products which originate According to Oleh Nalyvaiko, the State from the territory of the aggressor state, Committee on Television and Radio temporarily occupied territory of Ukraine or Broadcasting addressed the Cabinet of Ministers were made there and/or are imported from in order they agree on the extension of the term there”), State Committee on Television and for the transformation process until December Radio Broadcasting within the framework of 2019. conducting the permitting procedure, issued The epic with Ukrtelefilm, due to the sabotage of 1,615 refusals to provide permits to economic which the public broadcasting reform in 2015- entities, 1,391 of which were issued in 2018. 2016 has been delayed for a year, lasts for many In 2018, 71 refusals were submitted based on years. The state has replaced several executives negative conclusions of the Expert Council of in the recent years, but none of them managed the State Committee on Television and Radio to cope with the team that gave consent for Broadcasting and in connection with the non- construction of residential houses in the studio compliance with the Criteria for the Assessment premises and expect to get profit from them. of Publishing Products allowed to be distributed Until now, nobody has managed to get the studio on the territory of Ukraine. In addition, this year, out of the debt and to set up film production 1,320 refusals were issued because the business there. entities submitted not all documents required Restrictions on Russian books. There for obtaining a permit or false information was detected in the submitted documents. are positive changes Cancellations of previously issued by the In the second half of 2018, the State Committee Committee permits for import of books into on Television and Radio Broadcasting continued Ukraine from the territory of the aggressor state to actively implement the Law of Ukraine “On also happened this year because the authors Amendments to Certain Laws of Ukraine on were included in the List of Persons Posing Limiting Access of Foreign Anti-Ukrainian Threat to National Security. Printed Materials to the Ukrainian Market”. In order to inform a wide range of interested According to the management of the Committee, persons about publishing products, the the law on limiting access to the Ukrainian distribution of which may include signs of crimes market of foreign books with “anti-Ukrainian provided by the Criminal Code of Ukraine, content” has positively influenced the state of the State Committee on Television and Radio information security of the country. Broadcasting - on its own initiative and on the Previously, importers of publishing products basis of proposals of law enforcement agencies from the aggressor state literally imported - continues to form the List of publications, everything into the country. Now the need to the content of which is aimed at eliminating pass the permit procedure made them treat the Ukraine’s independence, promoting violence, stirring up inter-ethnic, racial, and religious

Completion of the reform of printed media. Monitoring of the State Committee on Television and Radio Broadcasting in the second half of 2018 20 hatred, terrorist attacks, and infringement of of the Year, Lesya Ukrainka award for literary human rights and freedoms, and to publish it on and artistic works for children and youth, its own official website. Currently, 202 titles of Maksym Rylskyi award for translated literature, printed products have been added to the List. Vyacheslav Chornovil award for the best journalistic work and Ivan Franko award in the Based on this List, the State Committee on field of information activities. Television and Radio Broadcasting prepared proposals for the application of personal special In August 2018, the State Committee on economic and other restrictive measures Television and Radio Broadcasting held a (sanctions) against legal entities of the Russian meeting of the Ivan Franko Award Committee in Federation, which regularly distribute publishing the field of information activity that determined products of anti-Ukrainian content. The Cabinet these year’s winners. of Ministers of Ukraine approved the proposal In late November, the State Committee on by the State Committee and issued the Order Television and Radio Broadcasting determined No. 666-p dated September 19, 2018. According The Best Ukrainian Book of 2018. to the document, sanctions are planned to be imposed on up to 12 legal entities of the Russian This year, 122 works from 44 publishers Federation (9 publishing houses and three have been proposed for participation in 10 owners of websites that offer anti-Ukrainian nominations of the All-Ukrainian contest The content in paper or electronic form for sale, Best Ukrainian Book. and provide an opportunity to read it on the Revitalization of the activity of Ukrainian Internet). Institute for Advanced Training of Television, In October 2018, the proposals were submitted Radio Broadcasting and Press Workers to the National Security and Defense Council of Ukrainian Institute for Advanced Training Ukraine. of Television, Radio Broadcasting and Press Within the framework of the implementation Workers as well as Ukrtelefilm Studio belong to of the law on restricting access of foreign books the management sphere of the State Committee with “anti-Ukrainian content” to the Ukrainian on Television and Radio Broadcasting. However, market, the State Committee on Television unlike the studio, the recently resurrected and Radio Broadcasting received the authority institute has revived its activity in the last year, to remove from circulation illicitly imported and not only in its main objective that is the publishing products and impose administrative organization and conducting of professional and economic fines on offenders. The authorized development of media workers. During 2018, representatives of the State Committee on 912 media workers passed off-job training Television and Radio Broadcasting have already here: anchors of television and radio programs, drawn up 27 protocols on business entities in television camera operators, audio operator, Kyiv, Kharkiv, Odesa, Lviv and Dnipro. The total producers, directors, video editors and sports amount of fines charged is 1,005,210 UAH. journalists. The mechanism for restricting the book market The institute also organized professional was planned to be improved by adopting the Bill “on-job” training for employees of the State No. 7292 on amending the Tax Code of Ukraine Enterprise “Multimedia platform of international with regard to the tax on publishing products broadcasting of Ukraine”, Municipal Enterprise that have an exclusive origin from the territory of Kyiv City Council “Television Company “Kyiv”, of the aggressor state and/or temporarily State Enterprise “Parliamentary TV-channel occupied territory and are being transported “Rada”. That is, two state and one municipal TV (sent) from the territory of the aggressor channels. state and/or temporarily occupied territory According to Oleh Nalyvaiko, the Ukrainian of Ukraine. However, for now, the project has Institute for Advanced Training of Television, gotten “hung up” in the parliament. Radio Broadcasting and Press Workers has Book Awards become one of the venues where events concerning the Strategy of Communication After the State Committee on Television and in the field of European integration for 2018- Radio Broadcasting has passed the Ukrainian 2021 and the Concept on Improving Public Book state program to the Ministry of Culture, Information on Euro-Atlantic Integration the Committee continues to deal with several of Ukraine for 2017-2020 are being book and information awards: Ukrainian Book implemented. The Institute has also helped

СвітланаSvitlana Ostapa Остапа 21 the State Committee on Television and Radio In particular, on September 3, 2018, the Broadcasting in implementing the law on State Committee on Television and Radio reforming state and municipal printed media Broadcasting ordered information services by conducting educational events in Kyiv and for over 4 million UAH, announcing a tender visiting seminars in Zaporizhzhia, Lviv and for advertising and marketing services for Lutsk for municipal and state printed media organizing and conducting information and that are being reformed. Ukrainian Institute education campaigns on European and Euro- for Advanced Training of Television, Radio Atlantic integration of Ukraine. Broadcasting and Press Workers has developed On September 21, the State Committee on and conducted a special course of educational Television and Radio Broadcasting announced a seminars that clarified the rights of editorial tender for provision of information services for teams to editors of municipal media. Within 7 million UAH for organization and conduction the framework of the project “Support to the of two information campaigns and of an all- Sustainable Reform of State and Municipal Ukrainian competition. On ProZorro a tender Media” which the State Committee on on advertising and marketing services for Television and Radio Broadcasting together organizing and holding two campaigns on with the National Academy of Sciences of European and Euro-Atlantic integration of Ukraine and other journalistic organizations Ukraine was announced. Through open bidding, implemented with the support of the OSCE they must procure a service for the organization Project Coordinator in Ukraine, five editorial and holding of the All-Ukrainian competition for offices were provided with methodological the best publication in printed media, the best and practical assistance. The aim of the project TV and radio program about NATO and state was to increase the level of professionalism policy in the field of Euro-Atlantic integration. of journalists in reformed printed media, to promote the application of world media In particular, through open bidding, an standards, to promote production of quality executor will be designated to conduct an and interesting content, and to implement awareness raising campaign on “Ukraine- multimedia products. NATO Cooperation as a Catalyst for Reforms”. Expected cost of procurement is 2 million 619 In addition, in 2018, the Institute launched an thousand UAH. educational course called “Basics of Gender Policy” for central executive authorities, media The purpose of the second information and state bodies that will continue next year. campaign, the executor of which will be determined through open tenders, is to Millions for European and Euro- raise the level of awareness of Ukrainian Atlantic integration citizens on European integration in terms of the introduction of entrepreneurial activity, According to the separate state program educational and scientific preferences, and “Implementation of measures related to the support the development of the culture sphere. European and Euro-Atlantic integration in the For this campaign, the state allocates 4 million information sphere”, for implementation of 120 thousand UAH. which the state budget foresees 20 million UAH, the State Committee on Television and Radio For the organization and holding of the All- Broadcasting conducted eight open tender Ukrainian competition for the best publication in procedures in 2018 using the ProZorro system. the printed media, the best television and radio program about NATO and state policy in the In total, six contracts were signed and services field of Euro-Atlantic integration, the state will for organizing and conducting a nationwide allocate 261 thousand UAH. Both campaigns sociological survey on public awareness of and the competition are scheduled for the end state policy in the field of European and Euro- of 2018. Atlantic integration, a seminar for journalists and representatives of public associations on the One of the winners of the tender for holding an benefits of cooperation with the Alliance, an all- information campaign on European integration Ukrainian competition for the best publication of Ukraine (cost of the service equals 2 million and television and radio program about NATO, 987 thousand 654 UAH) became Ukrainian as well as several information campaigns on Media Development Institute LLC, headed by Ukraine’s integration into the EU and NATO Olena Hromnytska, in the past she was press were ordered. secretary Leonid Kuchma, editor-in-chief of the magazine “Profil”, president of the Hlavred

Completion of the reform of printed media. Monitoring of the State Committee on Television and Radio Broadcasting in the second half of 2018 22

Media holding, head of the Siohodni Multimedia Street, 26. In Prorizna Street, 2, the Committee holding, co-owner of the Realist Internet media. uses a floor and a half. The building also houses She worked at Hlavred Media holding together the National Council for Television and Radio with Oleh Nalyvaiko. Broadcasting and the Ministry of Information Policy. The Ministry uses one and a half floors On October 17, the State Committee announced too, and the rest is being used by the National tenders for the procurement of information Council. Yuriy Artemenko, Chairman of the campaign services, sociological research and National Council, repeatedly informally spoke a competition for the best publication about about the fact that they needed two additional NATO. In particular, a tender on advertising rooms for the monitoring center, which the and marketing services for organizing and National Council plans to launch in 2019. He holding the all-Ukrainian information campaign suggested that the Committee squeeze together on Euro-Atlantic integration of Ukraine was or move completely to Khreshchatyk Street, 26. announced. It is planned to hold a campaign to raise awareness on the topic “NATO-Ukraine. In Khreschatyk Street, 26, the State Committee Security. Protection. Stability”. Expected cost of rents 692 square meters from the NPBC. The procurement is 3 million 410 thousand UAH. rent agreement was signed before September 2019 with the broadcaster and the State In addition, the provider of services for Property Fund prior to the registration of NPBC organizing and conducting a quantitative PJSC. NPBC as the successor of the NTCU, in sociological survey of public attitudes towards accordance with the current agreement, rents Ukraine’s accession to NATO membership will the facilities out for one hryvnia (according to be determined through open bidding. Expected a government decree). The state compensates cost of procurement is 400 thousand UAH. NPBC the payments for utilities and land. For State Committee on Television and example, in 2018, 270 thousand UAH of land tax was paid. Accordingly, when the next year a new Radio Broadcasting as a lodger agreement will be concluded, then it will happen The State Committee on Television and Radio without the State Property Fund, and this will be Broadcasting is located in two offices in completely different terms of rent, since now the Khreshchatyk Street, 26 and Prorizna Street, 2. broadcasting company is not a state structure but a joint-stock company. Therefore, it is unlikely The State Committee rents facilities from the that this will be a facility for one hryvnia. Public Broadcasting Company in Khreshchatyk

Conclusions

During the second half of 2018, the State Committee on Television and Radio Broadcasting continued to implement the laws on reforms of the printed media and of the public broadcasting and on limiting the access of anti-Ukrainian foreign printed materials to the Ukrainian market. The reform of state and municipal media cannot be called successful, since only slightly more than half of the media outlets were reformed. The Committee needs to work more actively with the government, first of all, with the Ministry of Justice, in order to help those media outlets that did not have time to re-register for reasons independent from them. It is also worthwhile to monitor the results of the reform to see what has become of those media outlets that have lost their registration but remained in the sphere of influence of local authorities. This is necessary in order to work out legislative acts for the full denationalization/ reformation of the media. The implementation of the law on limiting the access of anti-Ukrainian foreign printed materials to the Ukrainian market gives its positive results for the country’s information security. For greater transparency, the State Committee should report on the work done within the state program “Implementation of measures related to the European and Euro-Atlantic integration in the information sphere”, for which millions have been paid; then there will be more confidence in the agency.

СвітланаSvitlana Ostapa Остапа 23

Farewell to analogue television Monitoring of the activities of the National Council in August-December 2018

In the second half of 2018, the National Council was engaged in the analogue television broadcasting switch-off and the development of digital terrestrial television, was thinking about a package of paid channels in the Zeonbud network, continued to distribute vacant frequencies, was monitoring language quotas on Ukrainian TV channels and radio stations, and was thinking about introducing a mandatory Ukrainian audio track for foreign television channels. Detector Media has previously published monitorings of work performed by the National Council on Television and Radio Broadcasting in the first half of 2018, first and second half of 2017, first and second half of 2016.

and song quotas by TV channels and radio stations; • intentions of regulating the work of foreign Maryana channels; Zakusylo • attention to NewsOne and 112 Ukraine TV channels; • new recommendations for alcohol advertising and sponsorship; During August-December 2018, the National • preparation for the election campaign; Council on Television and Radio Broadcasting held 18 meetings, at which 1,137 decisions • public relations. were made. • Factors that have a negative influence on the regulator’s activities still include: Key activities of the National Council in August- December 2018 included: • lobbying and political influences on the regulator; • analogue terrestrial television switch-off and the transition to digital terrestrial • imperfections and gaps in the relevant broadcasting; legislation; • filling of vacant positions in the MX-5 • freezing of the decisions made by the digital TV multiplex, owned by the National Council in courts. Zeonbud company, and in the regional multiplex owned by the Concern of Radio Analogue terrestrial television Broadcasting, Radio Communications, and Television in the Odesa region; switch-off • development of public radio networks, state In the monitoring of the activities of the radio station “Army FM”, new information National Council carried out in the previous radio station “Pryamyi FM”, local FM radio period we noted that the first half of 2018 stations, including communal ones; became the beginning of the end of the analogue television era in Ukraine. In • development of broadcasting in the accordance with the governmental order, territories with a special broadcasting mode; on the night of August 1, Concern of Radio Broadcasting, Radio Communications, and • control over the compliance with language

Farewell to analogue television. Monitoring of the activities of the National Council in August-December 2018 24

Television switched off analogue terrestrial It seemed that everything was ready for the television in the first two regions — in Kyiv day X. But on the threshold of the scheduled and Kirovohrad region, with the exception of analogue television switch-off, on August analogue transmitters of public TV channels, as 30, Sarny District Court of the Rivne region well as regional and local broadcasters that did prohibited the Concern of Radio Broadcasting, not have digital licenses. Radio Communications, and Television (which is the owner of the majority of television The next step was to switch analog transmitters towers in the country and the operator of the off in the rest of the territory of Ukraine, majority of TV transmitters) from switching with some exceptions. In particular, on July the analogue signal off. The lawsuit was 18, the government approved amendments filed by a local resident Nadiia Miziurko, to its resolution on the analogue television because she wanted to secure her “right to switch-off regarding continuation of analogue receive information through analogue TV broadcasting in the territories with a special broadcasting”. In Sarny, digital signal from broadcasting mode (the territory of the Rivne, Dubrovytsia, or Varash is weak, and United Forces Operation and the border only UA: Pershyi and UA: Rivne TV channels with the Crimea). On August 29, it approved were supposed to continue broadcasting on an additional decision to keep analogue the analogue television after the switch-off. broadcasting of the National Public Television 1+1 channel was among the third parties to and Radio Company of Ukraine, local TV the case, which may indicate that the plaintiff channels that did not have digital licenses, and watches this channel. transmitters (of any TV channels) located on the border with the Russian Federation until This was not a final court decision, but only an May 1, 2019. interim relief. It was contested by the National Council, the Cabinet of Ministers, the Concern In turn, on August 29, the National Council of Radio Broadcasting, Radio Communications; made a decision to terminate licenses for and the Cypriot company Grizard Investments analogue broadcasting of 39 TV channels (40 Limited, which is part of the ownership legal entities) from September 1. The Council structure of the 1+1 channel, asked to provide attributed their decision to the switch-off of a more detailed statement of reasons. On analogue television broadcasting in the country December 18, 2018, the Rivne Court of Appeal on the basis of the governmental order and the dismissed a complaint of Grizard Investments National Television and Radio Broadcasting Limited, satisfied the appeals of the National Development Plan approved by the regulator. Council, the Government, and the Concern 21 regional and local TV channels had to turn instead, and revoked this decision. 1+1 in their licenses to the National Council within channel filed a cassation. ten days, and another 18 national and regional channels had to get their licenses re-registered The lawsuit filed by Nadiia Miziurko and within a month, removing the transmitters another resident of Sarny, who filed a similar which were switched off, except for those lawsuit, is still under consideration in the Sarny which continued to operate in the Donbass, on District Court — the last meeting was held the border with Russia and the Crimea, and in on December 27, 2018 in the form of a video cities where regional broadcasters did not have conference in the Podilskyi District Court of digital licenses. Kyiv. From a legal point of view, the decisions made Despite the fact that the court ruling was in by the National Council are controversial effect at that time, on September 1, 2018, because, on the one hand, such a procedure is according to the governmental decision, not provided for in the legislation, and on the the Concern of Radio Broadcasting, Radio other hand, in many analogue licenses it was Communications switched off analogue stated that they were supposed to be in effect broadcasting of the majority of television “until the National Council makes a separate channels, except for UA: Pershyi, regional decision to switch to digital broadcasting or to branches of the Public Broadcasting Company, switch off the analogue television broadcasting local TV channels that did not have digital in the region”. It took five votes for the National licenses, and transmitters of any TV channels, Council to adopt all the decisions on the located in the territory of the United Forces termination of licenses: Oleh Chernysh and the Operation (Donetsk and Luhansk regions), first deputy chairman of the National Council on the border with Russia (Chernihiv, Sumy, Olha Herasymiuk voted against the decisions. Kharkiv regions) and the Crimea (Kherson

Maryana Zakusylo 25 region) almost in the entire territory of territory of Ukraine, except for the territory of Ukraine. General director of the Concern of the United Forces Operation. This was done Radio Broadcasting, Radio Communications, because of the National Public Television Petro Semerey, attributed the switch-off to Broadcasting Company’s debt of 90 million the “management instructions” and called UAH for the transmission of terrestrial own actions “a violation of the law”. He later analogue signal, formed as a result of the Public specified that he had taken into account all the Broadcasting underfunding. By the end of the pros and cons, and there is no criminal liability year, broadcasting of UA: Pershyi TV channel for voluntary non-enforcement of the court was not restored. decision. Meanwhile, the Concern of Radio Broadcasting, According to the estimates of the National Radio Communications, and Television was Council, 758 analogue transmitters, that is, on the brink of bankruptcy due to debts of 40% of the total number, remained in use the National Public Television Broadcasting after the analogue television switch-off (in Company, “Zeonbud”, and some other fact, changes to the governmental order were broadcasters and operators, and the analogue needed, so that they could continue to be in signal switch-off led to the fact that the operation): Concern lost half of the proceeds. At the end of • 142 transmitters in the territory of the August, seven regional power supply companies United Forces Operation: 26 TV channels in (“Oblenerho”) warned the Concern about the Donetsk region (Bakhmut, Volnovakha, the intention to disconnect electricity supply Dobropillia, Kostiantynivka, Kramatorsk, of its branches due to the debt of 19 million Mariupol, Oleksandrivka, Pokrovsk, UAH for electricity. On August 29, Mykolaiv Svitlodarsk, Selidove, Soledar, Toretsk), branch of the Concern of Radio Broadcasting, 14 TV channels in the Luhansk region Radio Communications, and Television was (Baranykivka , Bakhmutivka, Bilovodsk, disconnected from electricity supply, which Bilokurakine, Bilolutsk, Horodyshche resulted in the fact that terrestrial analogue (Bilovodsk), Zorynivka, Kreminna, and digital television and broadcasting of many Lysychansk, Markivka, Novopskov, radio stations whose transmitters are located Pluhatar, Popasna, Svatove, Solidarne, Starobilsk, Stryltsivka, Troitske, Chuhynka, on the towers that belong to the Concern Shyrokyi); disappeared. On August 31, electricity supply of Mykolaiv branch was restored. At the end • 10 transmitters of 26 TV channels in the of the year, the government dismissed General south of the Kherson region (Lazurne, Director of the Concern of Radio Broadcasting, Skadovsk, Chaplynka, Kalanchak, Radio Communications, and Television Petro Novotroitske, Henichesk, Chonhar); Semerey in connection with the agreement • 99 transmitters on the border with the expiration. The further fate of the state Russian Federation: 15 TV channels in the operator, which, under favorable political Chernihiv region (Chernihiv, Koriukivka, and economic conditions, would compete Kholmy, Novhorod-Siverskyi), 18 TV with Zeonbud – private monopolist of digital channels in the Sumy region (Sumy, terrestrial television, – remains uncertain. Shostka, Bilopillia, Trostyanets, Okhtyrka), 20 TV channels in the Kharkiv region However, creation of a nationwide digital (Kharkiv, Bohodukhiv, Novooleksandrivka, multiplex on the basis of the Concern of Radio Velykyi Burluk, Kolodiazne, Dvorichna, Broadcasting, Radio Communications, and Kupyansk); Television is provided for in the governmental order and the National Television and Radio • 405 transmitters of the Public Broadcasting Company (UA: Pershyi and regional public Broadcasting Development Plan. TV channels); Not all TV channels agreed with the analogue • 107 transmitters of local and regional television switch-off. “1+1 media” group TV companies that did not have digital appealed against the National Council’s licenses. decision on the termination of licenses and against the governmental order to switch However, the Public Broadcasting Company analogue signal off. The court engaged did not continue broadcasting for a long time. the provider of digital terrestrial television On September 25, 2018, the Concern of Radio “Zeonbud” and “Ukraine” television and Broadcasting, Radio Communications, and radio company (Ukraine, NLO TV, Indigo Television switched off analogue broadcasting TV, Donbass, Football 1, and Football 2 TV of the UA: Pershyi TV channel in the entire

Farewell to analogue television. Monitoring of the activities of the National Council in August-December 2018 26 channels) as third parties to this process; the Council did not manage to consider it by the case is still under consideration. Channels end of the year (it was considered on January that belong to the “1+1 media” group also 10, 2019). As for the local broadcasters, contested actions of the Concern of Radio according to the executive secretary of the Broadcasting, Radio Communications, and National Council, Oleksandr Iliashenko, TTV Television, but in this case the proceedings channel, a TV channel form Kropyvnytskyi, were suspended until the consideration of the turned its invalid license in. lawsuit filed against the Cabinet of Ministers. Nevertheless, analogue television switch-off Other TV channels are in no hurry to turn did not result in a disaster for the viewers: most their licenses in to the National Council or to viewers found other ways to get a television get the existing licenses re-issued, removing signal. According to the study of television analogue transmitters which were switched off. audience, which was ordered by the Industrial Pryamyi TV channel was the first nationwide Television Committee and conducted by broadcaster that got its license re-issued, and Nielsen, as at October 2018, there were only UA: Pershyi filed an application for the removal 4.4% of “analogue” households in Ukraine; of 265 analogue frequencies, but the National

Основний тип прийому в ДГ % ТБ господарств

4,4% 26,3% 30,1% 39,2%

3,8% 22,3% 56% 17,9%

4,9% 29,6% 8,7% 56,8%

Джерело: ТБ панель Nielsen | Жовтень 2018

Перехід з аналогового ефіру % аналогових ДГ, що змінили тип прийому після відключення

5,1%

17,1%

77,8%

Джерело: ТБ панель Nielsen | Серпень — жовтень 2018

Maryana Zakusylo 27

26.3% were using digital terrestrial television; regions) from the USCRF. 30,1% were using cable television; and During August-December 2018, the National 39.2% were using satellite, IPTV, and MMDS Council extended the licenses for digital television. When switching from analogue broadcasting at the MX-5 multiplex for the television to other types of signal reception, following regional and local TV channels: Avers 77.8% of former analogue households switched (Volyn region), Channel 34 (Dnipropetrovsk to digital broadcasting, 17.1% opted for region), Uzhhorod 21 (Zakarpattia region), satellites, and only 5.1% chose cable TV. TV5 and Alex.UA (Zaporizhia region), Kyiv The development of digital (Kyiv region), TTV and KTV (Kirovohrad region), Vizyt (Poltava region), Vidikon (Sumy television region), Vector (Kharkiv region), Misto TV and Given the fact that analogue television was Chernivetskyi Promin (Chernivtsi region). In switched off, the issue of expanding digital accordance with the law “On Interim Measures terrestrial signal coverage became especially for the Period of Anti-Terrorist Operation,” the topical. Previous draft laws and regulations on National Council postponed consideration of the step-by-step transition to digital television the statement filed by the Orbita TV channel envisaged that digital television provider (Donetsk region) until the end of the anti- “Zeonbud” would install additional transmitters terrorist operation. The National Council in 47 settlements in order to expand the also rejected application for the renewal of coverage of the first multiplex MX-1, in which the license of another TV channel – “Kherson the following eight TV channels are currently Plus” (Kherson region), since it had not been broadcasting: Inter, Ukraine, 1+1, NTN, K1, filed in time: the company was 128 days late. UA:Pershyi, ICTV, Enter-Film. For a long time, We would like to remind you that in July, the these plans were fruitless, and “Zeonbud” was National Council prolonged digital licenses accusing the Concern of Radio Broadcasting, of 24 national and 20 regional and local TV Radio Communications, and Television of channels, rejected applications filed by two impeding their plans to expand coverage, national channels (Business and Vintage), and alleging that the Concern refused to provide postponed consideration of application filed by technical conditions for the installation of new two TV channels from the Donetsk region until transmitters of “Zeonbud” on their towers. the end of the anti-terrorist operation. Eventually, at the end of the year, on December At the end of the year, the National Council 13, the National Council, at request of made a step towards creating a package of “Zeonbud”, ordered a calculation of frequencies paid channels in the “Zeonbud” network. in 41 settlements from the Ukrainian State The regulator made changes to the Center for Radio Frequencies (USCRF) for the National Television and Radio Broadcasting purpose of installing additional transmitters Development Plan, where it set forth that if and expanding coverage of the MX-1 multiplex. there are free resources in the MX-1, MX-2, At the request of “Zeonbud”, USCRF also MХ-3, and MX-5 multiplexes, the provider of received an order for providing their opinion these networks (i.e., “Zeonbud”) “may provide on the increase in the capacity or change program services, after the relevant changes in the parameters of transmitters owned by are made to the licenses”. This paragraph had “Zeonbud” in several other settlements. been previously set forth in such a way that In addition, the regulator listened to the “the National Council, within the limits of its suggestions made by the Independent powers, shall consider creation by providers of Association of Broadcasters and collected a program service of paid program packages applications from local and regional in multichannel digital terrestrial networks for broadcasters which did not have digital licenses the purpose of providing quality and diverse for the purpose of ordering calculation of programs for all population segments.” That is, frequencies for local digital terrestrial television the changes make it possible for “Zeonbud” to (the so-called local multiplexes). On December introduce a paid package by simply submitting 6, 13, and 20, the National Council ordered an application for the license re-issue to the calculation of 39 frequencies for DVB-T2 local National Council and getting an approval from broadcasting in 14 regions (Dnipropetrovsk, the National Council. The development plan Donetsk, Ivano-Frankivsk, Zakarpattia, also does not provide for a tender for positions Zaporizhia, Kyiv, Lviv, Mykolayiv, Rivne, Odesa, in the paid package: a tender is only held for Sumy, Kharkiv, Khmelnytskyi, and Chernihiv vacant positions provided for the transmission

Farewell to analogue television. Monitoring of the activities of the National Council in August-December 2018 28 of 32 free channels. for the universal program service, that is, UA:Pershyi, UA:Kultura, Rada TV channels, as Changes to the Development Plan were well as regional and local channels). Creation preceded by a letter from Zeonbud to the of the paid package from “Zeonbud”, which National Council. The provider asked about the would include 16 channels in addition to regulator’s position regarding possible changes 32 free ones, is a cause for concern for cable to the license with the addition of a paid operators, which are afraid that if “Zeonbud” package. According to the executive secretary enters the market of paid television, this will of the National Council, Oleksandr Iliashenko, “kill” cable operators in towns, especially the package should be an addition to the 32 those which use analogue technology of available television channels and may include cable television and provide subscribers with up to 16 paid channels (given that the capacity approximately 50 channels. However, during of the multiplex is 12 channels in the current the discussion of the Development Plan, the quality, and 8 positions are currently occupied head of the National Council Yuriy Artemenko in each multiplex). The development plan also spoke in support of the paid package on digital makes it possible (both in the old and the new terrestrial television. His arguments were versions) for “Zeonbud” to encode the signal based on the fact that cable operators usually of this paid package. Oleksandr Iliashenko do not go provide their services in villages assumed that Ukrainian TV channels Football 1 (while “Zeonbud” is present there); in addition, and Football 2, which are only provided by the viewers should have a choice between cable, providers of paid television and do not work in satellite, or digital operators. the market of free television, will become the first candidates for entering the paid package; On December 13, the National Council such candidates may also include foreign approved the new version of the Development paid channels (figuratively, let’s call them Plan by a majority vote, without taking into “Discovery”). Unlike free TV channels that pay account the protests in the industry against “Zeonbud” for the distribution of their signal in “Zenonbud’s” paid package. Oleh Chernysh, a digital network, “Zeonbud” will pay the paid who was against this decision, made a channels. prediction that this would lead to the fact that the Ministry of Justice will not register During the public discussion of the the document, and it will not come into Development Plan, “1+1 media” and force. There is still no information about the “StarLightMedia” media groups, as well as registration. six associations of providers: Association of Rightsholders and Content Providers Development of broadcasting (ARCP), “Telecommunications Chamber of Ukraine”, “Ukrtelemerezha” Association, All- networks: tenders for frequency, Ukrainian Association of Cable Television and new temporary permits Telecommunication Networks, and the Union During August-December 2018, the National of Cable Television of Ukraine, were against the Council summed up the results of five tenders new wording of the “Zenonbud’s” paid package. for FM-frequencies, one tender for VHF- Chairman of the Board of the ARCP Natalia frequencies, one tender for digital radio, two Klitna emphasized that, in fact, “Zeonbud” LLC tenders for digital television (vacant positions is currently a telecommunications operator, in the Odesa multiplex owned by the Concern and from a legal point of view, it is a provider of of Radio Broadcasting, Radio Communications, program services. If the paid television package and Television and vacant positions in the MX-5 is launched, its activities should be brought in regional multiplex owned by “Zeonbud”), and line with the legislative requirements, just as also announced six tenders for vacant FM- for all other providers. “The only difference frequencies. can be in the fact that the set of TV channels will be determined by the National Council on On August 29, the National Council distributed the basis of the results of a tender, taking into 17 frequencies in 16 settlements in the account the capacity of the provider and its use Kharkiv region among local broadcasters. of the radio frequency resource,” she explained. Five communal radio stations received 10 frequencies, three private companies, including For a long time, providers were demanding that the new Kharkiv radio station Slobozhanske “Zeonbud’s” signal was encoded and became FM, received seven frequencies. There were no fee-based for viewers in order to reduce the applicants for six other frequencies. number of free channels in its network (except

Maryana Zakusylo 29

On September 6, the National Council the business of former people’s deputy distributed the last – 14th – position in the Oleksandr Tabalov and the business of the T-DAB (DAB+) digital radio multiplex in Kyiv, son of the former mayor of Oleksandriia which went to a new radio station Pryamyi and former chairman of the Kirovohrad FM. It is launched by the Pryamyi Channel, Regional State Administration, Roman which de jure belongs to Volodymyr Makeienko Motsnyi; but is unofficially associated with the circle of • Mykolaiv region — Channel 35 (“TRC NIS- Petro Poroshenko. Pryamyi FM does not plan TV” LLC), owned by the wife of the former to confine itself to digital broadcasting, but people’s deputy Hennadiy Zadyrko; wants to launch a nationwide FM-network • Odesa region — Grad (“TRC Grad” LLC), and has already ordered a calculation of 61 owned by Tetiana Shpaltakova, business FM-frequencies, in particular, in Kyiv and 19 partner of the people’s deputy from the regional centers. Petro Poroshenko Bloc Hennadiy Chekita, and Anatoliy Balinov, former deputy of the On September 20, the National Council Odesa City Council and associate of Odesa determined winners of the tender for local Mayor Hennadiy Trukhanov; communal broadcasting at the 21st FM-frequency in 11 TV channel Izmail TV (Regional Center for regions. As a result of the tender, 10 frequencies Aesthetic Education); went to ten communal radio stations, and 9 • Poltava region — Misto (“Misto Studio” frequencies went to seven private companies, LLC), owned by a former deputy of the including “Lvivska Khvylia” television and radio Poltava Regional Council Oleksandr company; there were no applicants for two Zaluzhnyi (the channel is associated other frequencies. with Andriy Matkovskyi, former mayor of Poltava, who is currently a deputy at On September 27, the National Council the Poltava City Council from the Petro distributed vacant positions in the MX-5 Poroshenko Bloc “Solidarity”); Pyriatyn regional multiplex owned by “Zeonbud”, (private company “TRC Pyriatyn”), owned intended for regional and local companies. by a former assistant and advisor to a The following 16 broadcasters – three new people’s deputy Taras Kutovyi, who is companies and 13 existing TV channels (eight currently a Minister of Agrarian Policy channels were broadcasting on analogue and Food; Ostanniy Bastion (“Ostanniy television, one channel was broadcasting on Bastion” LLC), owned by Hennadiy Sikalov, digital television, and four channels were a local businessman, public activist, and broadcasting in cable networks) – won the candidate for Poltava mayor (“Ostanniy tender: Bastion” project is associated with Dmytro Nosikov, a TV producer who is restarting • Donetsk region — Capri (“Capri Television” TVi channel); LLC), owned by a local businessman and a people’s deputy candidate from various • Rivne region — Rivne 1 (“TRC Rivne 1” parties, Viktor Prylepskyi, and Iryna LLC), owned by Viktor Danylov, who is the Prylepska; owner of the “Ogo” publishing house; • Zhytomyr region — SK1 (“Media Prospekt” • Kherson region — VTV+ (private company LLC), owned by a Zhytomyr businessman “TRC VTV plus”), owned by a local media and former deputy of the city council businessmen Tetiana Kamenska and Mykhailo Pukhtayevych and the wife of Vitaliy Kamenskyi; Kratu (“Real-Media” the head of the regional organization LLC), owned by the vice President of “Petro Poroshenko Bloc” Olena Veretelnik; the “Electromash” concern, Vyacheslav SC (private company “Studia Kalyna”), Horlovskyi, and Nina Horlovska; owned by the channel director Oleksandr • Cherkasy region — Ildana (“TRC Ildana” Kalinovskyi; LLC), owned by the former general • Kyiv region — Crocus 1 (“TRC “Crocus 1” director of the Cherkasy Regional State LLC), owned by the political technologist Television and Radio Company Mykhailo and PR expert Denys Bohush; Kalinichenko and owner of the “Dnipro” agricultural corporation, former deputy • Kirovohrad region — Viter (“Central Petro Dusheiko; communal TV channel Ukrainian Bureau of News” LLC), which is Shpola TV (editorial office of the Shpola launched by the former general director of district television and radio broadcasting). the Kirovohrad Regional State Television and Radio Company Vadym Murovanyi; TV companies owned by Ihor Kolomoiskyi channel owner is Oleh Zasko, who manages (“Television Company Privat TV Dnipro”

Farewell to analogue television. Monitoring of the activities of the National Council in August-December 2018 30

LLC and “TRC TV Stymul” LLC) and “Avers” applicants for nine VHF-frequencies, and television and radio company, associated with in Zaporizhia the National Council rejected his business partner Ihor Palytsia; “PravdaTUT” the application submitted by the “Format” Channel group, owned by a businessman, radio, because of issues with the submitted public figure, and former candidate for the documents which included information about deputy of Kyiv Regional Council from the the structure of ownership. “New Faces” party Ivan Hryshyn; Lysychansk On November 22, the National Council television and radio company “Accent”, owned distributed additional positions in the regional by a people’s deputy from the “Opposition digital multiplex owned by the Concern of Bloc” Serhiy Dunaiev; Poltavske.tv, owned by Radio Broadcasting, Radio Communications, the founder of Hromadske TV. Poltava, Bohdan and Television in 22 settlements of the Odesa Zvyaholskyi, and the TV company GOK, owned region. The following three TV channels won by Oleh Zhevaho, brother of the oligarch the tender: Kostiantyn Zhevaho; a local broadcaster from Pervomaisk, Mykolayiv region, owned • Channel 7, owned by the Odesa real estate by a relative of a former people’s deputy, developer Adnan Kivan (“Riak-inform” who is currently a deputy of the Mykolaiv LLC), received digital coverage in Odesa Regional Council from the “Fatherland” and 21 settlements in the Odesa region; faction, Mykhailo Sokolov; Cherkasy television • Zdorovie TV channel, owned by the company “Antena”, owned by Valeriy Vorotnyk, wife of the people’s deputy from the a former deputy of the Cherkasy City Council, Petro Poroshenko Bloc Dmytro Holubov did not get digital licenses in this tender. (“Zdorovie” Television and Radio Company” LLC), received digital coverage On October 11, the National Council summed in Odesa and 11 settlements of the Odesa up the results of the tender for 48 vacant region; FM frequencies in 18 regions of Ukraine, • BIC TV channel, owned by the former head intended for the development of nationwide of the Odesa Regional Council Mykhailo networks. The winners included 13 radio Shmushkovych (“Balinformcompania” companies, among which the National Council LLC) received digital coverage in 10 distributed 40 frequencies. The biggest number settlements in the northern part of the of frequencies (16) went to the National Odesa region. Public Broadcasting Company of Ukraine On November 29, the National Council (Ukrainian Radio — 9, Promin — 4, Kultura determined the winner of the tender for — 3). Six frequencies went to Pryamyi FM military-patriotic radio on three FM frequencies radio station. Two other new radio stations in Kyiv, Zhytomyr, and Vinnytsia. The only – “Hutsulske Radio” project, initiated by candidate, “Army FM” (Central Television and Mykola Knyazhytskyi, and Pershyi Zahidnyi Radio Studio of the Ministry of Defense of radio, launched by the television and radio Ukraine) obviously became the winner. Thus, company of the Lviv Regional Council – won the state radio station is extending outside one frequency each. Winners included TAVR the territory of the United Forces Operation Media radio group, owned by Viktor Pinchuk and begins its all-Ukrainian expansion. In and Mykola Bahraiev, (five frequencies), the subsequent tenders the National Council Business Radio Group radio holding, owned by began to recommend that local broadcasters Anatoliy Yevtukhov and Vitaliy Khomutynnik, which are not able to fill the entire airtime (two frequencies), Lvivska Khvylia, owned with their own content rebroadcast not only by the family members of the former Lviv tax public radio stations “Ukrainian Radio”, officer and businessman Myroslav Khomiak, “Promin”, and “Kultura”, but also the state (four frequencies), as well as two other local radio station “Army FM”. Moreover, in the new communal and two private radio stations. version of the National Television and Radio There were no applicants for seven frequencies; Broadcasting Development Plan, the National and in Kryvyi Rih, the National Council failed to Council set forth that it “promotes creation determine the applicant, so on October 18, one and development of military-patriotic audio more tender for this frequency started. and television channels and broadcasting On October 25, the National Council gave the networks”. That is, not only does this concern VHF-frequency in Chernivtsi to the “Emmanuil” military radio, but also TV channels. Actually, Protestant radio, whose competitor was members of the National Council have the Catholic “Radio Maria”. There were no already publicly stated that Ukraine needs its

Maryana Zakusylo 31 own “Zvezda” (an analogue to the Russian Lysychansk (Luhansk region); propaganda channel of the Ministry of Defense • “Promin” (National Public Television of the Russian Federation), and representatives Broadcasting Company) - Kostiantynivka, of the Central Television and Radio Studio of Hirnyk (Donetsk region), Bakhmutivka, the Ministry of Defense of Ukraine received Lysychansk (Luhansk region); questions about plans for the creation of a • “Kultura” (National Public Television satellite TV channel. They answered that Broadcasting Company): Hirnyk, in 2019 they wanted to start with online Kramatorsk (Donetsk region), broadcasting. Bakhmutivka (Luhansk region); On December 20, the National Council summed • “Pulse” (National Public Television up the results of a tender for vacant sections Broadcasting Company): Bakhmutivka, of broadcasting on 9 frequencies. “Ukrainian Shyrokyi, Bilovodsk, Bilolutsk, Zorynivka, Radio”, which was the only candidate and Lysychansk, Markivka, Svatove, Stanytsia which broadcasts on these frequencies during Luhanska, Troitske (Luhansk region); the rest of air time, won eight vacant sections • “Holos Donbasu” (National Public of broadcasting and lost one vacant section to Television Broadcasting Company): Hirnyk, the communal Editorial Office of the Tulchynka Bakhmut, Volnovakha, Kramatorsk, Broadcasting. Mariupol (Donetsk region), Bakhmutivka (Luhansk region); In December, the National Council also decided to announce five tenders for vacant • “Hromadske Radio”: Volnovakha, radio frequencies. According to its decisions Kostiantynivka, Kramatorsk, Mariupol, made on December 6, the regulator scheduled Pokrovsk, Hirnyk (Donetsk region), tenders for four vacant FM frequencies in Lysychansk, Starobilsk, Shyrokyi, Bakhmutivka (Luhansk region); the radio Kyiv: informational, social, and political radio station later refused the temporary permits (Oleh Chernysh assumed that this is a tender in Kostiantynivka and Pokrovsk; intended for “Pryamyi FM”), informational, educational, and entertaining radio (which • “Kraina FM”: Mariupol, Kramatorsk is probably intended for the public radio (Donetsk region); “Promin”), cultural and educational radio • “FM Halychyna” Volnovakha, Bakhmut (which is probably intended for the public radio (Donetsk region), Lysychansk, Svatove, “Kultura”), musical, jazz, and classical radio. Starobilsk, Shyrokyi (Luhansk region); According to the decision made on December • “Tryzub FM”: Svitlodarsk, Toretsk, Hirnyk, 20, a tender started for 38 vacant frequencies entry-exit checkpoint Hnutove (Donetsk for local broadcasting with the possibility of re- region); broadcasting public radio stations “Ukrainian • “Russkoye Radio-Ukraine”: Shyrokyi Radio”, “Promin”, “Kultura”, or state radio (Luhansk region); “Army FM”. • “Radio Klas”: Bakhmut (Donetsk region); During August-December 2018, the National Council issued or re-registered more than 30 • “Army FM”: Bakhmut, Volnovakha, permits for temporary broadcasting in the Kramatorsk, Mariupol, Svitlodarsk (Donetsk region), Popasna, Shyrokyi territories with a special broadcasting mode for (Luhansk region); 17 legal entities. These decisions partly include permits executed in accordance with a new • “Krym. Realii”: Chonhar (Kherson region); procedure, issued to broadcasters in 2015-2017, • “Stilnoe radio Pepper FM”: Hirnyk, and others include permits for frequencies that Kostiantynivka (Donetsk region); have been recently calculated by the USCRF, for • “Radio Roks”: Hirnyk (Donetsk region); example frequencies in Hirnyk, Donetsk region (a tower was built by the “Ukrainian Television • “Pryamyi FM”: Hirnyk, Volnovakha, Networks” company). Kramatorsk, Pokrovsk (Donetsk region), Bakhmutivka, Lysychansk, Shyrokyi The following 17 radio stations received (Luhansk region); temporary permits: • “Radio NV”: Bakhmutivka (Luhansk • “Ukrainian Radio” (National Public region), Television Broadcasting Company): Volnovakha, Chasiv Yar, Kostiantynivka • The following seven TV channels received (Donetsk region), Shyrokyi, Popasna, temporary permits:

Farewell to analogue television. Monitoring of the activities of the National Council in August-December 2018 32

• ATR: Chonhar (Kherson region) (analogue a channel were regarded as a Ukrainian- broadcasting, digital broadcasting); language product. Since October 13, national • Lale: Chonhar (Kherson region) (digital and regional channels are required to provide broadcasting); 75% of Ukrainian-language content on their air. This percentage is slightly lower for local • UA:Pershyi (National Public Television broadcasters, namely 60%. The law also Broadcasting Company): Hirnyk (Donetsk provides for 75 % of the state language for region) (digital broadcasting, analogue broadcasting); television news programs. A fine of 5% of the license fee is provided for failure to comply • UA:Donbass (National Public Television with language quotas. For example, a fine for Broadcasting Company): Hirnyk (Donetsk a nationwide TV channel which broadcasts in region) (digital broadcasting, analogue the “Zeonbud” digital network will amount to broadcasting); approximately 400 thousand UAH, whereas in • “Donbass” (“Media Group Ukraine”): case of a satellite TV channel, this figure will be Hirnyk (Donetsk region) (digital 19 thousand UAH. broadcasting); The National Council announced that it would • UA TV (“Multimedia platform of be monitoring TV channels from the first day international broadcasting of Ukraine”): the quotas come into force. It promised to Hirnyk (Donetsk region) (analogue broadcasting); announce the first results of the monitoring of nationwide channels already in five weeks • Pryamyi channel: Chonhar (Kherson and to present the results of the monitoring of region) (analogue broadcasting). regional broadcasters in five months. Such long terms are caused by the fact that, in accordance Control over the compliance with with the law, the regulator is forced to calculate language quotas a weekly quota, which requires the National On October 13, 2018, language quotas on Council to carry out weekly monitoring of every television fully came into force. Until this day, channel. However, as at the end of the year, the broadcasters had a one-year-long transition National Council did not present any results of period, when all programs produced by the monitoring of language quotas.

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However, there were still sanctions for non- period (the monitoring was carried out in the compliance with language quotas on TV in spring and summer of 2018). In particular, the second half of 2018. Some broadcasters on September 20, a fine of 3.2 thousand UAH committed violations even in the transitional for 56.1% of the Ukrainian language instead

Farewell to analogue television. Monitoring of the activities of the National Council in August-December 2018 34

of 60% was imposed on a local TV channel According to the regulator, local radio stations STS from Sumy. On October 18, the National also exceed the quotas. The average share Council fined two thematic TV channels of songs in the Ukrainian language in this Science and Terra for 18.5 thousand UAH each sector is 48%, and the share of programs in for 55% and 60% of the Ukrainian language the Ukrainian language is 92%. Radio stations instead of 75 %. And on December 13, three in the west of the country show the highest other thematic channels — Bolt, Dacha, and figures. Epoque - were fined for 19.3 thousand UAH Serhiy Kostynskyi believes that the regulator’s each. The least amount of content in the rigorous actions, which fined radio stations, Ukrainian language was provided on Epoque — even if they were only lacking one song on from 24 to 37%, on Dacha — 56-58%, and on their air, made it possible to ensure compliance Bolt — 54-66%. with the law. For example, there was a similar On November 8, 2018, the third stage of the situation with “Radio NV”: On November 8, introduction of Ukrainian quotas on radio 2018, the company was fined for 349 thousand came into force. From this day on, at least UAH and 449 for non-compliance with the song 35% of songs on radio stations must be in quota. In addition to “Radio NV”, the National the Ukrainian language (25% in case of radio Council fined four other radio stations during stations broadcasting more than 60% of the August-December 2018: А-FM from Okhtyrka, songs in the EU languages), and the daily share Sumy region, was fined for 1.4 thousand UAH of programs in the state language must be at for non-compliance with the song quota, Radio least 60%. Vesti from Dnipro was fined for 22.8 thousand UAH for non-compliance with the language Having analyzed the first two years of the quota (the fine will be paid by the new owner use of language quotas on radio, the National of the radio station — the co-owner and head Council came to the conclusion that radio of the “Lux” radio holding, Roman Andreiko); stations exceed the quotas by more than a half. Chernivtsi Radio “Bukovynska Khvylia” was The average share of Ukrainian-language songs fined for 4.8 thousand UAH for non-compliance on Ukrainian national radio stations was 51%, with the song quota; “Arsi” radio from Artsyz, while the share of programs in the Ukrainian Odesa region, was fined for 980 UAH for non- language was 86%. compliance with the language quota.

Maryana Zakusylo 35

Regulation of foreign TV channels in the territory of Ukraine; In the second half of 2018, the National Council • channel’s compliance the with the decided to carry out a stricter regulation of European Convention on Transfrontier Television and with the Ukrainian foreign TV channels and to streamline the legislation with regard to the share of procedure for their inclusion in the List of European programs and TV shows. Foreign Programs Content of Which Complies with the Requirements of the European The National Council wants to oblige foreign Convention on Transfrontier Television and broadcasters to inform it about changes in the with the Ukrainian legislation. For this purpose, information specified in the application within the National Council developed a draft 30 days of such changes and to provide the Procedure for the Drawing Up of the List of National Council with program records and Re-broadcast Programs of Television and Radio with access to the channel. Companies. On August 2, it was laid on a table The National Council plans to oblige foreign for a month, but after the ambiguous feedback broadcasters (except for educational TV from the industry, this decision was canceled, channels which provide foreign language and on August 29, the project was repeatedly courses) to dub the content in Ukrainian or laid on a table for two months. On November provide Ukrainian subtitles. If there are audio 29, this period was extended for another tracks in foreign languages, foreign channels month, until December 31. must also provide a Ukrainian audio track. The project stipulates that the rightholders of The regulator also wants to extend some foreign programs or authorized persons submit restrictions established by Article 6 of the applications for inclusion in the List to the Law “On Television and Radio Broadcasting” National Council, which the regulator has to (prohibition of the language of hostility, consider within three months. The application propaganda of war, violence, encroachment on has to include, in particular, the following data: the territorial integrity of Ukraine, prohibition of showing films and programs with persons • country and authorization form (+ copy of included on the List of Persons Posing a Threat a permit from the country of origin); to the National Security and films that are • date and country of the first channel banned by the State Film Agency) to foreign broadcast; broadcasters. • whether there is a license issued by the The document stipulates that the National Russian Federation; Council shall not consider applications • the territory in which the channel is submitted by residents of the Russian broadcast; Federation and legal entities whose members • whether the channel is re-broadcast in the (shareholders) are legal entities from the temporarily occupied territories of Donetsk, Russian Federation at all levels of ownership Luhansk regions, and the Crimea; structure. • technical and program parameters of The National Council plans to take foreign broadcast, including the language of the channels off the list on the initiative of the channel and the availability of dubbing applicant or based on the results of monitorings or subtitles in the Ukrainian language or (in the event of two or more violations of in the languages of indigenous peoples of the European Convention and/or Ukrainian Ukraine; legislation). At the same time, the channel will • information on the presence of content that be able to re-apply only one year after being may harm children, and on the presence taken off the list. of a system for restricting the access of children; In such a way the National Council makes concessions to the creators of Ukrainian niche • information about the presence of channels, who must adhere to all the quotas commercials, and, if there are commercials, provided for in the legislation of Ukraine and confirmation of payment for commercials believe that there must be an even playing to a legal entity of Ukraine, as required by law; field for Ukrainian and international licensees. In particular, representatives of the Terra, • guarantees for the compliance with the Science, Niki Kids і Niki Junior TV channels, legislation of Ukraine regarding prohibition which were fined by the National Council for of broadcast of certain films and programs non-compliance with the language quotas and

Farewell to analogue television. Monitoring of the activities of the National Council in August-December 2018 36 quotas on the volume of national products, temporarily – for six months – suspended complained about an uneven playing field. rebroadcast of the British Russian-language TV On the contrary, the director of the “Clean channel RTVI, which is owned by the former Sky” initiative, Kateryna Fedorova, believes general director of the Russian state television that instead of obligating foreign channels to channel “Zvezda” Ruslan Sokolov. The grounds translate their content into Ukrainian, they for the temporary ban included broadcast of should be encouraged to do so. According to films in which activities of the authorities of the Kateryna, it is economically unprofitable for aggressor state were presented from a positive foreign broadcasters to translate their content perspective, broadcast of films and TV series into Ukrainian, so they can just leave the which are prohibited in Ukraine, broadcast market, and their content will be taken away by of content with persons included on the List “pirates”. of Persons Posing a Threat to the National Security. In addition, in the RTVI program Two associations of providers – Association Osoboe Mnenie [Special Opinion], the National of Rightsholders and Content Providers and Council noticed the signs of violation of Article the Ukrainian Internet Association – were 28 of the Law of Ukraine “On Information”. against the project proposed by the National Council. According to their estimates, the Close attention to certain TV project does not comply with the international agreements which Ukraine acceded to, as channels well as with its obligation not to restrict On October 4, 2018, Verkhovna Rada adopted rebroadcast of channels from EU member a resolution, approving sanction proposals with states or countries that ratified the European respect to the legal entities of the 112 Ukraine Convention on Transfrontier Television. The and NewsOne TV channels. The proposals were associations emphasized that when ratifying submitted to the National Security and Defense the European Convention on Transfrontier Council of Ukraine, which may consider them Television, Ukraine stated that it only reserved and make its decision on sanctions, which the right to restrict rebroadcast of program will then be put into effect by the decree services that contain alcoholic beverages of the President of Ukraine. The list of the advertisements in its territory. In the opinion proposed sanctions includes blocking of assets, of the associations, if the National Council does cancellation of licenses, financial restrictions, approve the developed procedure, this will lead telecommunication restrictions, and “other to a reduction of the list of foreign television sanctions”. So far, the National Security and channels rebroadcast of which is allowed, to Defense Council has not considered them. The the reduction in the quality of offers available resolution was preceded by a petition for the to subscribers on legal TV services, and even to termination of the activities of 112 Ukraine the elimination of business owned by providers and NewsOne TV channels, which had been who are the licensees of the National Council. registered on the website of the Verkhovna While there is no special procedure, the Rada on September 20. National Council occasionally makes changes In the fall of 2018, both TV channels became to the current List of Foreign Programs. As at the property of the people’s deputy from the the end of 2018, it includes 182 TV channels. “Opposition Bloc” Taras Kozak, who is a close At the same time, there are already three associate of Viktor Medvedchuk, Ukrainian Ukrainian television channels which decided to politician, leader of the “Ukrainian Choice” withdraw from the jurisdiction of the National movement, and a man whose daughter’s Council, got a registration in Europe, and godfather is Vladimir Putin. In the content returned to Ukraine as “foreign” broadcasters. and editorial policy of both channels, Detector We are talking about Nashe Music, English Media repeatedly came across the influence Club TV (both were added to the List of of Viktor Medvedchuk, pro-Russian messages, Foreign Programs on September 27), and fakes, and manipulations. The regulator is alert Ethno Channel (which was added to the List on to both of its licensees, but so far this alertness December 6). In addition to these TV channels, did not result in the termination of the activities on October 11, Dutch erotic channel Barely of these broadcasters. Legal, Bulgarian TV channel about a healthy lifestyle WnessTV, and British film channel In the past two years NewsOne received Shorts TV were added to the List. On the six warnings from the National Council for contrary, on September 6, the National Council various violations. The last two warnings were

Maryana Zakusylo 37 given during August-December 2018: On As a result, the National Council waited until August 29 — for the episode of the program a court ruling was issued on October 17, “World Politics with Oleh Voloshyn” in which according to which the Council was not allowed the presenter, in the opinion of the National to make a decision on the refusal to extend Council, was popularizing the authorities of digital licenses of 112 Ukraine. However, this the aggressor state when assessing Russia’s ruling, which obviously limits the discretionary actions in Syria; and on December 6 — for powers of the National Council and tells the non-compliance with the rules of broadcast independent regulator which decision it has to on the Day of Remembrance, dedicated to the make, did not result in a scandal and outrage. 100-year anniversary since the beginning of Yes, the National Council appealed against it. the “red terror” on September 5. In addition, But everything was done quietly, with a delay in the past six months, the National Council in the consideration of the appeal, and the carried out three more checks of NewsOne, the decision was eventually made in favor of 112 results of which have not been considered yet: Ukraine. Thus, the injunction is still in effect. regarding statements of a number of presenters It looks like 112 Ukraine will keep its digital and guests about the war in the Donbass, licenses – which continue to be valid for an Andriy Parubiy, and the autocephalous indefinite period of time – until the end of the church; regarding changes in the ownership campaign for presidential election. We would structure, publicly announced by the channel; like to note the following: the channel has a regarding depiction of the map of Ukraine satellite license, which is not under threat, and without the Crimea during the “Nord Stream thanks to the satellite broadcast, 112 Ukraine - 2” discussion. Since the nature of violations is also in the network of providers which offer varies, the licenses were not canceled. After all, paid television services. However, terrestrial the National Council may only file a lawsuit broadcasting, which reaches the poorest but requesting to cancel a license after it gives often very active electorate, is traditionally and warning and imposes a fine for the same the most alluring in the Ukrainian market, violation. that is why terrestrial (digital) licenses are so important for a channel that is oriented As for the channel 112 Ukraine, in the second towards influence on public opinion, rather half of 2018, the National Council received than towards business. a chance to refuse the channel extension of digital licenses received in 2011 at a tender The regulator’s feebleness with regard to for regional and local broadcasters, which, 112 Ukraine may be a sign of a certain in violation of the terms of the tender, were “non-aggression pact”, which some sources used for the creation of a nationwide channel. mentioned in their conversations with Detector The regulator had the following grounds for Media. Presidential Administration allegedly the refusal: numerous warnings, fines, and received and continues to have some influence even appeals to court on the cancellation of on the channel, and Yehor Benkendorf, one of digital licenses (however, it was blocked by the broadcaster’s top managers, is allegedly counterclaims) for non-compliance with the the guarantor of this influence. When he concept of regional broadcasting. However, started working in the channel back in 2016, the National Council did not take this chance. the criticism of the President (but not the It postponed consideration of applications for authorities in general) in guest studios became the extension of digital licenses, submitted by less severe. The channel covers all official 112 Ukraine, several times. First, they referred events and statements made by the President, to a letter from the Security Service of Ukraine, in particular, live ones. Despite the evident which was allegedly checking whether Eduard recent changes in the editorial policy on the Kats was a fictitious owner. Then 112 Ukraine promotion of Viktor Medvedchuk, the policy on itself, whose representatives almost always Petro Poroshenko’s activities actually has not ignored the meeting of the National Council, changed. asked to consider the issue later, so that the main lawyer could attend the meeting. As Regulation of advertising and if by chance, having once again postponed sponsorship consideration of digital licenses, on October 11, the regulator scheduled an unscheduled In September, the National Council announced check of 112 Ukraine with regard to its recommendations for sponsorship with the use satellite license, on the grounds of the spread of of alcohol brands, which it started using in its “Russian propaganda clichés”. monitoring from October 1.

Farewell to analogue television. Monitoring of the activities of the National Council in August-December 2018 38

In accordance with the document, broadcasters • not to create an impression that most must in advance obtain from their sponsor people drink alcohol; a documentary confirmation of the alcohol • not to promote excessive consumption brand (TM) registration or confirmation of of alcohol or portray moderate alcohol the submitted application for the registration consumption in a negative light; of TM, as well as confirmation of the fact that • not to make people think that alcohol the fee charged for its submission has been consumption is an important factor in paid. Broadcasters are obligated to check achieving success in sports, social, sexual, the registered TM for compliance with the or other spheres of life. recommendations of the National Council, and if the TM does not comply with them, a Preparation for the election broadcaster must refuse to broadcast such On December 31, the next campaign for sponsored information. presidential election began in Ukraine, which Broadcasters must indicate the sponsor’s status will last 90 days. In preparation for this before its name. The National Council also campaign, on December 20, the National allows to do this using the following words and Council created a traditional working group phrases: “partner”, “under the auspices of”, for the purpose of monitoring broadcasters’ “with the assistance of”, “the TM presents”, compliance with the electoral law, which etc. Broadcasters are not allowed to turn the was headed by the first deputy chairman of volume up when mentioning a TM. the National Council Olha Herasymiuk. On The National Council sets a number of December 27, the working group held its first requirements for sponsored information about constituent meeting. The main tool is the alcohol TMs: monitoring of television and radio programs, which is conducted during the election • sponsored information may not be identical campaign. It provides for a round-the-clock to commercials for alcoholic beverages; analysis of broadcasting on national television • it is prohibited to use the words “vodka”, and radio channels, Ukrainian and foreign “wine”, “champagne”, images of alcohol satellite television channels, random systematic packaging, description or images of monitorings of regional and local media. The the process of alcohol manufacture or working group will also consider appeals and equipment used in its manufacture, complaints from legal entities and individuals images of alcohol consumption, glasses, regarding issues related to the activities of shotglasses, corkscrews, the sound of television and radio broadcasting organizations opening bottles, pouring, the sound of during the election campaign. However, the clinking glasses, description of alcohol taste, smell, and strength in sponsored powers of the National Council during the information; election are limited, and it may not impose sanctions for the detected violations. Based • sponsored advertisements may not contain on the results of its activities, the working encouragements to consume alcohol, group will prepare a report, which will include the words “try”, “taste”, “drink”, “feel”, “Cheers!”, “Let’s drink for...!”, etc. information about detected violations and will present suggestions about ways to improve the • The National Council also has a number of electoral law. requirements for alcohol TMs: In addition to the working group, on December • not to mention last names, first names, 19, the National Council and the National pseudonyms of popular persons or indirect Agency on Corruption Prevention (NACP) approval of alcohol consumption by popular persons; signed a Memorandum of Understanding, Cooperation, and Information Exchange. Its • not to state that alcohol has healing declared aim is to “create means of preventing qualities, or that it is a stimulant or a political corruption and non-transparent sedative; funding of political parties during the next • not to encourage to consume alcohol and election campaign.” The main areas of not to make negative comments about cooperation will include: alcohol abstinence; • providing each other with documents, • not to state that alcohol consumption does requests, applications, letters containing not have a negative impact on health or requests for the provision of information; well-being;

Maryana Zakusylo 39

• exchange of information in response Council or from the top managers of profitable to the relevant requests regarding the organizations. use of airtime by persons who ordered political and social advertising within the On December 6, the National Council selected framework of exercising state control over 15 members from the 35 candidates, who will the compliance with legal restrictions on be working at the Public Council during the the financing of political parties, etc.; next two years. Six of the elected members were members of the Public Council of the • conducting of monitoring of the election campaign carried out by the entities which previous convocation, two of them were take part in the election process. members of the Public Council of earlier convocations, and seven of them are new The National Council has explained that as a members. result of cooperation the NACP will be able to use the National Council’s data on airtime The following persons became members of the allocated for the election campaign of entities Public Council: which take part in the election process, or 1. Olena Andrienko — self-nominated various forms of advertising placement, for the candidate, the head of the legal purpose of checking the accuracy of figures department of the Publicis Groupe contained in the reports prepared by political Ukraine advertising and communication parties. holding; As at the end of December, the National 2. Serhiy Boiko — self-nominated candidate, Council was also discussing with the public founder and director of the BigDataUA the idea of creating an independent expert rating agency, co-owner of Dacha and council on elections, which would play an Epoque TV channels (“Korysne TB” LLC); advisory role. The Public Council under the National Council suggested that such a council 3. Viktoria Veselovska — candidate from is created under the National Council and the the Mykolayiv regional NGO “Mykolaiv Central Election Commission. Members of the Press Club”, director of the department of National Council were discussing the possibility international relations, and co-owner of of creating such an expert council either on the the Press and Television College; premises of the Independent Media Council or 4. Oleksandr Hlushchenko — self- the Office of the Council of Europe. However, nominated candidate, head of the Omega as at the end of December, the decision was TV OTT-service; not made. On January 10, the National Council 5. Arsen Zhumadilov — candidate from the decided to support the suggestion put forward “Crimean Institute of Strategic Studies” by the Public Council. But according to this NGO, chairman of the Crimean Institute decision, the expert council must be created for Strategic Studies; under the Public Council, rather than under the National Council; that is, the regulator decided 6. Svitlana Korobina — self-nominated to distance themselves from this process, candidate, former deputy director general attributing this to the fact that the expert of the Oleksandr Dovzhenko National council must not be regarded as an institution Center, was a member of the competition “guided” by the state regulator. However, in committee for the selection of members that case, there is a question of whether such an of the Council for State Support of expert council is even legitimate and effective. Cinematography; Public relations 7. Maryana Zakusylo — candidate from the “Detector Media” NGO, chief editor of the On August 30, 2018, the term of office of the Detector Media portal; regulator’s advisory body – the Public Council – ended, and the National Council announced 8. Vasyl Miezentsov — self-nominated a competition for new members. Applications candidate, director and founder of were accepted during one month, and on “Tryzub FM” television and radio October 18, the National Council extended this company, volunteer; period for another month. At that time, they 9. Kateryna Miasnykova — candidate from explained that among all the 18 applications, the East European Media Problems some were submitted by candidates who work Institute, executive director of the at companies that are licensees of the National Independent Association of Broadcasters;

Farewell to analogue television. Monitoring of the activities of the National Council in August-December 2018 40

10. Liubov Naidionova — candidate from chairman — Serhiy Siomkin, and the secretary the Association of Political Psychologists — Svitlana Korobina. of Ukraine, deputy director, head of Another advisory body operating at the the Laboratory of Psychology of Mass National Council — working group for the Communication and Media Education establishment of rules for the protection at the Institute of Social and Political of children in the media — developed and Psychology of the National Academy of approved the third self-regulatory document in Pedagogical Sciences of Ukraine; the industry — Joint Harmonization Act No. 3 11. Serhiy Siomkin — candidate from the “Media coverage of the participation of children “Industrial Television Committee” NGO, in armed conflicts.” As at the end of 2018, it executive director of the Industrial was signed by “1+1 Media”, StarLightMedia, Television Committee; “Media Group Ukraine” media groups, the National Public Television Broadcasting 12. Oleksandr Fediienko — candidate from Company of Ukraine, and the Independent the Internet Association of Ukraine, Association of Broadcasters. Among other chairman of the Internet Association things, the signatories of the document agreed of Ukraine, head of the IMK company to avoid glorification of children’s participation (wireless communication technologies); in hostilities; to inform about the criminal 13. Myroslav Khomyak — candidate from liability of adults for involving children in the Lviv regional organization National armed conflicts; to prevent identification Union of Journalists of Ukraine and the of children living in temporarily occupied “Committee for Ecological Rescue of territories by the general public, if they speak Ukraine” NGO, general director of the about the political situation in Ukraine; to “Lvivska Khvylia” radio (“TRC “Lvivska avoid displaying close-up photographs and Khvylia” LLC, his family members – video images of dead children or their bodies, father-in-law and sister – are company child tortures or injuries received as a result of owners); hostilities, in the daytime (from 7:00 to 19:00). 14. Oleksandr Yankovskyi — candidate from The National Council also continued its the “Crimean Communities Radio” NGO, cooperation with the Independent Media chief editor at the “Crimean Communities Council, a media self-regulation body, which Radio” NGO (“Krym. Realii” radio — was formed from five media organizations: “Radio Liberty” project); Center for Democracy and Rule of Law, Institute of Mass Media, Internews-Ukraine, 15. “Institute of Mass Information” NGO Detector Media, and Souspilnist foundation. as a joint member, represented by At the request of the National Council, the Roman Holovenko, who was a member Independent Media Council considered the of the Public Council of the previous following four cases during August-December convocation. 2018: the case regarding Yevhen Murayev’s Members of the National Council attributed the comment about Oleh Sentsov on 112 Ukraine results of the vote to the desire to see experts TV channel, the case regarding the episode of from various sectors, as well as representatives “One for All” talk show on the STB channel, of the regions, in the Public Council, as well as the case regarding stirring up of hatred on to the lack of desire to support representatives the NewsOne TV channel during August of certain media groups and licensees 31-October 17, 2018, and the case regarding (although Serhiy Boiko, Vasyl Miezentsov, stirring up of hatred on the “112 Ukraine” TV Myroslav Khomyak, and Oleksandr Yankovskyi channel during September 4-October 7, 2018. are co-owners or employees at certain The findings of the Independent Media Council companies which are licensees of the National create additional grounds for the National Council). At the same time, chairman of the Council to make decisions on imposing Public Council of the previous convocation sanctions on broadcasters. However, the Natalia Klitna and members of the previous National Council has still not made decisions composition of the Public Council Olha about these cases. Bolshakova and Nadia Kolesnikova were not elected to the Public Council. At the first meeting held on December 20, members of the Public Council elected the

Maryana Zakusylo 41

Hyperactive season The results of the work of the Ministry of Information Policy in the second half of 2018

Detector Media continues to regularly review the work of the Ministry of Information Policy (MIP). Below are the results of work performed by the Ministry during the second half of 2018. Earlier, Detector Media published monitorings of work performed by the Ministry of Information Policy for the first half of 2018, first and second half of 2017, and first half of 2016.

communication between executive authorities and the public; • methodical support for performance Halyna of communicative work by executive Petrenko authorities, in particular organization and carrying out of trainings for employees of structural units of executive authorities which provide interaction with mass media and the public,” — according to the order Gifts from the Cabinet of Ministers “Some issues...”. under the Christmas tree This document was developed in accordance This year, the spirits of Christmas and of the with the Government Priority Action Plan for New Year’s deadline were generous to MIP 2018, the Doctrine of Information Security of and left two gifts under the Christmas tree: on Ukraine, and the resolution of the Vice Prime December 12, the Cabinet of Ministers issued a Minister Viacheslav Kyrylenko. Before the decree “Some issues related to the improvement issuance of this order, the government had been of communicative work of the executive working according to old rules dated 2010, authorities”, and on December 27, it approved which had long ceased to meet the challenges the strategy of information reintegration of the of the time due to significant expansion of Crimea, which had been developed by MIP. communication tools and the need to combat hybrid aggression of the Russian Federation. “In order to raise the level of informing the public about the activities of executive Now we only have to wait for the adoption authorities and implementation of reforms, of the Crisis Communications System as well as for the purpose of throwing light on Development Concept, which was presented topical issues related to the implementation to the public in summer. We would like to of state policy in various areas, the Ministry of remind you that, according to the concept, a Information Policy, together with the Secretariat coordinator of crisis communications at the of the Cabinet of Ministers of Ukraine, strategic level — a person who has to ensure within the framework of the “Single Voice” inter-agency cooperation, so that governmental governmental communication platform, shall communication is centralized — is one of the be provided with: key figures in crisis management. Information Environment Assessment Centers and the Crisis • implementation of systematic measures Communications Group, which were created in aimed at improving the quality of the MIP, must also play an important role. The

Hyperactive season: the results of the work of the Ministry of Information Policy in the second half of 2018 42

main task of the latter is to produce meanings. that take place in the Crimea, Ukraine’s Although some of the building blocks of this actions regarding liberation of the Crimea system have already been set, it is unlikely that from occupation and its reintegration, government officials had had time to establish as well as about implementation of state the work of the system in practice before, for information policy concerning the Crimea example, our country had to introduce military on a principle of a single voice; state or start official election campaigns. • ensuring cultural and informational rights As for the Crimean informational reintegration of all Crimean residents and indigenous strategy adopted by the Cabinet of Ministers, peoples; when presenting the document to governmental • clarifying the rights of indigenous officials, the first deputy minister of information peoples; policy Emine Dzhaparova emphasized that: • promoting further integration of the indigenous people of Ukraine — the Crimean Tatars, as well as Ukrainian citizens living on the Crimean Peninsula “Russian propaganda is aimed at convincing — into the Ukrainian political nation; Crimean audience that the world swallowed this “pill” and noted this occupation, and that • providing information support for the Ukraine has forgotten about the Crimea and is implementation of the rights of the not fighting for it. Adoption of this document, Crimean Tatars; especially against a backdrop of the resolution • attracting international support in within the United Nations Organization, is a key restoring territorial integrity of Ukraine; message to people in the Crimea that this is a lie; it completely destroys the myths that are actively • effective coordination of actions promoted by the Russian propaganda, which carried out by state authorities and receives billions in funding.” the civil society in the formation and implementation of information policy Emine Dzhaparova regarding the temporarily occupied As stated in the document, the strategy is Crimean Peninsula, including through the aimed at creating preconditions for restoration involvement of all interested persons in of territorial integrity and sovereignty of this process; the temporarily occupied territory of the • providing proper budget financing and Autonomous Republic of Crimea and Sevastopol attracting the necessary additional funds with the help of information tools and to from donors and interested persons for promote protection of the rights and freedoms the purpose of implementing information of Ukrainian citizens. It is planned to achieve policy regarding the Crimea in general this by taking the following measures: and production of content in particular. • establishing uncompromising narratives Based on the above, there are the following when defending territorial integrity of communicative tasks which are aimed at three Ukraine for the external and internal different audiences – the occupied Crimea, audiences, as well as debunking Russian domestic Ukrainian audience, and international myths of the historical past and the audience: present state of the peninsula; • formation among Crimean residents of • providing the population of the occupied awareness of the inevitability of restoring territory with reliable, prompt, and up-to- territorial integrity of Ukraine and date information, establishing a process of understanding of the place of the Crimea informing internal and external audiences in the future state structure of Ukraine, and Ukrainian citizens in the temporarily the lack of perception of the process of occupied territories about government restoring territorial integrity as a threat policy aimed at liberating the Crimea to oneself, understanding of Ukraine’s from occupation and at its reintegration; policy during the occupation period and • establishing communication with the need to use opportunities provided inhabitants of the occupied territories, by Ukraine for its citizens living in the informing Ukrainian citizens and occupied territory; international audiences about processes

Halyna Petrenko 43

• formation among Ukrainian citizens of weaker communication of other problems, did unequivocal support for the restoration a disservice. Ukrainian audience unwittingly of Ukraine’s territorial integrity, began to associate Crimean problems primarily understanding of Ukraine’s policy on with the problems of the indigenous people. But the liberation of temporarily occupied the Crimea must be native for everyone, so that territories and reintegration of their everyone understands why it is important both population, perception of Crimean Tatars to them personally and to the entire Ukraine. as indigenous people of Ukraine and an All the more so, as it is short-sighted to rely on integral part of the Ukrainian political a single subject in communications. What will nation, a clear understanding of the place prevent Russia from announcing declarative of the Crimea in the future structure of restoration of the rights of the Crimean Tatars, the Ukrainian state; and thus depriving the Ukrainian government of this argument of communication at the • formation among foreign target audiences international level? of unambiguous understanding of the status of the Crimea (failure to recognize ATO stories, American tourists, and annexation of the Crimea by the Russian Federation), awareness of the situation on lucky television managers the peninsula, understanding of the state Relations between the ministry and domestic policy of Ukraine regarding the occupied media are not perfect at all. According to peninsula and its population, assistance minister Yuriy Stets, who voiced his complains and support for the liberation of the in an interview with Detector Media, TV Crimea from occupation. channel management is extremely reluctant to Implementation of the strategy is planned for broadcast free of charge information products the period up to 2021 inclusive, it provides developed by the authorities, even if it is social for annual review and updating and will be content. MIP’s requests are often either left accompanied by an annual action plan. unattended by TV channels, or videos are broadcast at night time. That is why this year There are particular difficulties in the the ministry decided to order paid advertising in communications with each of the three the media. The first attempt was unsuccessful: audiences. It is objectively difficult for the a tender for the placement of advertising Ukrainian government to reach Crimeans, on Ukrainian TV channels in September - despite the efforts made to ensure broadcasting. December for the amount of 145 million UAH, It is expensive to cover international audience, which was announced in summer, did not since it is too extensive. And the domestic take place, as two out of three participants Ukrainian audience suffers from the lack of were disqualified. But the second attempt desire to systematically cover events in the was successful: “Sigma ua” LLC (advertising Crimea in the Ukrainian media. In the strategy agency which is part of the CMS Group) won for information reintegration of the peninsula two tenders for almost 45 million UAH for it is even written: “the state and existing the placement of advertising in November- practices of media functioning in Ukraine, as December on Ukraine, ICTV, 1+1, STB, Novyi well as problematic issues of the quality of Kanal, and other TV channels. content in the Ukrainian media (first of all, in terms of its non-compliance with the needs of In general, a lot of commercials were filmed for the residents of occupied territories), which the Ukrainian audience at the request of MIP. hinder constructive interaction between state For example, several videos on the land market authorities and mass media with regard to reform were made by Goodmedia LLC for 790 topical issues of state information policy in the thousand UAH. Below is another example of Autonomous Republic of Crimea” is one of the how important it is to clean up after your pet in main threats to its implementation. the city: The media do not want to write about the In addition, almost at the same time the Crimea. Readers do not want to read about ministry spent a little more than 8 million the Crimea. I have wanted to say this for a long UAH for radio advertising (on Radio Pyatnica, time, but there was no proper occasion: it seems Russkoye Radio, Hit FM, Radio Roks, Kiss that the main bet on the communication of the FM, Melodiya FM, and others; advertising woes of the Crimean Tatars after the occupation was placed by “Perekhid Outdoor” LLC and of the peninsula, as compared with the much “Media Hub” LLC) and almost 4.2 million for

Hyperactive season: the results of the work of the Ministry of Information Policy in the second half of 2018 44 online advertising (the latter was aimed at 4. “ATO Stories” (“Summit-Book” Publishing popularizing tourism in Ukraine for residents House” LLC, 560 thousand UAH, 7 of the United States and Great Britain and thousand copies). was targeted at civil servants, opinion leaders, 5. “1,000 and 1 Turn. Part 2” (“Summit- journalists, tourists, travel agencies, and Book” Publishing House” LLC, 450 government agencies in the field of tourism thousand UAH, 50 thousand copies). in these countries; advertising was placed by “Computer Information Technologies” LLC). It is already clear that 2019 will not be as successful as 2018, in which MIP received the At the same time, the ministry, for some reason, largest amount of funds since its creation: did not manage to carry out tenders for the funds allocated to MIP in the new year will placement of TV commercials abroad. First, a decrease by 316.5 million UAH, that is, by bidding for the amount of 26 million UAH for 37 %. The most significant reduction will the creation and distribution of information concern “implementation of measures aimed products on foreign television was canceled; at protecting the national information space” - according to the minutes of the meeting of the from 362.5 million UAH to 100 million UAH. It ministry’s tender committee, this happened was under this budget program that advertising “in connection with the inability to eliminate campaigns were funded. violation of law on public procurement, violation of the procedure for notifying of an Funds allocated for international broadcasting, intention to conclude an agreement, and the which is not perfect in terms of influence and absence of further need to procure so many coverage, but still serves as support for MIP services”. Applications were filed by Ad Hoc in communications with a wide international Communications LLC, Mediahead LLC, CFC audience, will also decrease by UAH 58.5 Consulting Company LLC, and Euromedia million. By the way, the amount of its financing Company LLC. Two participants were allowed is guaranteed by the law and should amount to to the stage of prequalification: Ad Hoc not less than 0.06% of the state budget general Comunication LLC (they offered to place fund’s expenditures for the previous year. That advertising on BBC) and Euromedia Company is, in 2019 it was supposed to be 543.6 million LLC (they offered to place advertising on BBC UAH. However, deputies allocated only 78% of and on Euronews). This was actually the second this amount in the state budget. attempt to hold such a tender: the previous one did not take place either. Work on Ukrainian mistakes on Tenders for the creation and distribution of Facebook online advertising in Austria, Germany, Italy Throughout 2018, MIP was actively taking (for the amount of 4.2 million UAH), and part in various public events, cooperation with Scandinavian countries (for the amount of stakeholders, etc. In particular, we should note 4.2 million UAH as well) were not held due to the efforts made to establish communication the lack of further need in the procurement of with the Facebook office in order to protect the services. rights of Ukrainian users, which is extremely However, MIP was actively ordering publication important in the context of hybrid aggression. of books in Ukraine, in particular: As noted by deputy minister of information policy Dmytro Zolotukhin in his blog, thanks to 1. Kyiv Travel Giude, Lviv Travel Guide, all the efforts – including the efforts made by Odessa Travel Guide, Karpaty Travel the ministry – about 140 webpages of Ukrainian Guide (“Miu Production” LLC, 3.7 million state authorities were verified. “There is a UAH, 3 thousand copies of each book in dialog with regard to bans placed on Ukrainian the English language). journalists and bloggers. Facebook is currently 2. “Lviv. Top-10” (“Baltia-Druk” LLC, 1 looking for a manager who will be dealing with million UAH, 3 thousand copies in the Ukrainian issues for their Warsaw office,” Mr. English and Polish languages). Zolotukhin wrote. 3. “100 Famous Events in the History of He also mentioned the following top ten Ukraine” (“Folio” Publishing House” LLC, activities of the ministry carried out during the 792 thousand UAH, 3 thousand copies in year (in addition to those that have already the Ukrainian and Russian languages, 1 been described in this article): thousand copies in the English language). • support of projects aimed at supporting

Halyna Petrenko 45

ATO veterans. For example, supporting this area was held. There is a separate “Start Today” business projects for Google project on the ethics of first- veterans; graders’ Internet presence. With regard to this topic, MIP maintains contact with • a joint exhibition with the NATO the Ministry of Education and continues Information and Documentation Center negotiations with foreign donors in order in more than ten cities of Ukraine with to address this topic in certain projects; lectures from MIP representatives; • planning of information campaigns and • a joint project on the creation of social strategic approaches to communicating and educational videos about emergency gender equality and countering gender- supportive aid, which is implemented based and domestic violence for 2019. together with the Ministry of Health; MIP participated in public events and • further structuring and development meetings with both foreign partners and of cyber-literacy and cyber-knowledge. domestic institutions; A communication platform for various • content (narrative) projects — for institutions and agencies has been created example, in conjunction with “Petro and to ensure that cybersecurity-related issues Mazepa” online media. A strategic session are communicated to the public in an was also held on the crystallization of urgent and prompt manner. Negotiations a strategic narrative for the Ukrainian are underway with Estonian, British, information space; a number of content and NATO partners. A comprehensive projects have been developed and approach to protection from hybrid presented in Ukraine and abroad in order threats is being finalized. A number of to debunk fakes produced by Russian public events have been held; propaganda and misinformation — in • development of the topic of “children’s particular, a “White Book of Kremlin’s safety on the Internet”. A series of Special Information Operations”, which public events and internal meetings on will be translated and presented in the EU a systematic approach to the creation capitals in 2019, was prepared. of training infrastructure for experts in

Conclusions

During the analyzed period, the Ministry of Information Policy was an active player in the Ukrainian information space and abroad, using all the available resources. As for the strategic documents approved by the Cabinet of Ministers, it is important that good plans are actually carried out, instead of just being declared: their further fate will largely depend on tactical steps and the ability of ministry staff to negotiate with key stakeholders, including other public authorities. For 2019, the Ministry received a more modest budget, than it did in 2018. This can affect the effectiveness of their work, although MIP is definitely used to the need to save money. If Petro Poroshenko is not re-elected for the second term, the results of presidential election will probably have an effect on the ministry’s activities. But it is currently very difficult to predict the development of events.

Hyperactive season: the results of the work of the Ministry of Information Policy in the second half of 2018