The industry Law “On Media” entered into force almost a year ago. A novelty introduced by the Law “On Media” is the establishment of co-regulatory bodies.
Article 92, Part 2 of this Law provides an exhaustive list of areas where co-regulation can be implemented:
- establishment of criteria for classifying persons as entities in the online media sector;
- determination of criteria for classifying information as prohibited for distribution in Ukraine, in accordance with Articles 36 and 119 of the Law;
- determination of criteria for categorizing linear media based on thematic content and production volume;
- determination of criteria for classifying information that may harm the physical, mental, or moral development of children;
- dividing children into age categories and establishing criteria for classifying programs (including films) based on the intended audience’s age categories;
- approval of requirements for displaying special warnings (including their thumbnails) and announcing sound warnings for content that may pose a threat to children;
- determination of the classification order by subject in media information to correspond with age categories of children and selection of appropriate warnings (symbols);
- approval of broadcasting rules for memorial days;
- determination of criteria for classifying advertising information (commercial messages) as harmful, in accordance with advertising legislation requirements;
- approval of the action plan to ensure accessibility of services for persons with disabilities;
- definition of tools and mechanisms to implement the requirements established by the Law for providers of video sharing platforms;
- establishment of requirements for the volume of European content for national and regional TV channels with a small audience share;
- development of recommendations for fulfilling requirements for European content;
- approval of requirements for the distribution of advertising in cases provided for by the Law of Ukraine “On Advertising.”
That is, this list is exhaustive. Thus, these specific areas, codes for creating and disseminating information are the only permissible domains for developing co-regulation acts. They should be explicitly outlined in the charters of co-regulatory bodies in the respective fields.
Any other acts that will be developed by co-regulatory bodies in their respective fields will not have legal weight within the framework of the co-regulation mechanism operating in accordance with the Law “On Media.” They can potentially involve market players in specific fields such as audiovisual, audio, or online media. However, it is recommended to include a broader public in their creation, particularly representatives from existing self-regulatory bodies in the media sector.
To clarify the roles and competencies of co-regulatory and self-regulatory bodies within the charters of co-regulation entities, it is suggested to limit them to specific, closed lists of areas, as stipulated by the Law “On Media.”
It may also be appropriate to mention that issues that do not fall under the competence of co-regulatory bodies may be subject to self-regulation. In areas that may overlap, such as paragraph 15 of the Ethics Code of the Ukrainian Journalist and the requirements of Article 36 of the Law “On Media” concerning the prohibition of hate speech, it is suggested to involve experts from the Commission in drafting codes for creating and disseminating information in these specific areas.
We would like to remind that the Commission on Journalistic Ethics is the self-regulatory body overseeing the work of journalists and newsrooms in Ukraine. It is the only Ukrainian body recognized by the Alliance of Independent Press Councils of Europe (AIPCE) and is a member thereof.
The Commission was established during the inaugural meeting of the journalistic initiative “Journalists for Clean Elections” in 2001. The Commission has been officially registered as an NGO since 2003. Our task is to promote adherence to professional ethical standards in Ukrainian media and to cultivate society’s demand for quality journalism. CJE acts transparently on the basis of the Charter and the Ethics Code of the Ukrainian Journalist. Article 19 of the Ethics Code provides that ethical or professional conflict situations are examined by the Commission on Journalistic Ethics.