Forecast

The Rada rejected the high-profile draft law No. 10242: struggle for freedom of speech or protection of registers

The Verkhovna Rada of Ukraine did not support the draft law No. 10242, which provides for increased criminal liability for disclosure of data from state electronic registers. The document was sent back for a second reading. This decision sparked a lively debate among politicians, journalists, and human rights activists. What’s wrong with the draft law – Komersant ukrainskyi analyzed.

Yaroslav Yurchyshyn, MP from the Voice faction and chairman of the Committee on Freedom of Speech , believes that the draft law poses a danger to freedom of speech.

“Only 213 MPs supported draft law No. 10242 with risks to freedom of speech, which means it was voted down. Now there is time for consultations on the protection of information in the registers. That is what was proposed,” said Yurchyshyn.

Journalists and human rights activists had previously called for the law not to be adopted in its current form, as it could hinder the work of investigative journalists and corruption whistleblowers.

In particular, the document provides for a penalty of up to 8 years in prison for disclosing information from the registers, but does not contain any exceptions for whistleblowers of socially important information.

What do human rights activists say?

Amnesty International and other human rights organizations also believe that the draft law threatens freedom of speech in Ukraine. According to experts, the adoption of the document in its current form could create a tool for persecuting journalists and investigators, as well as jeopardize the protection of their sources.

“This law contradicts the principles of freedom of speech enshrined in international documents, including the European Freedom of the Media Act,” said Veronika Welch, Director of Amnesty International in Ukraine.

Lawyer Oleksiy Bebel in an exclusive commentary [Kommersant] noted, , that the restrictions imposed by the state on access to the registers are fully justified.

“This is necessary to preserve sensitive information about the property of citizens and to protect against illegal actions using this data. By creating registries, the state undertakes to ensure the security of information,” said Oleksiy Bebel.

However, there must be a balance between data protection and the public right to information, Babel said. Therefore, absolute data protection is not acceptable either.

“Unlimited protection of registry data also cannot exist given the public’s right to know information about public figures (I take this meaning not only in the classical sense, but much broader). In addition, such information, especially about the availability of real estate or its ownership by a particular person, is often needed for legal assistance in courts,” explains Oleksiy Bebel.

Commenting on the rights of investigative journalists, the lawyer expressed the opinion that the profession of journalism should be protected without exception.

“Anyone can call themselves an investigative journalist, but this is not a separate profession. Journalists, regardless of their specialization, whether it is investigative or culinary, should have equal rights and equal protection,” Oleksiy Bebel believes.

Position of the Servant of the People: protection of journalists or control over information

MP Yevheniia Kravchuk emphasized the need to amend the draft law.

“No country in the world allows publishing classified information from registers. But the responsibility should not apply to investigative journalists. Their work is critically important for exposing corruption,” said Kravchuk.

The MP emphasized that there are many investigations into corruption in Ukraine, and their material is based on data from closed registers.

She also noted that the draft law No. 10242 on liability for publishing data from registers in its current version has the vote of the Verkhovna Rada Committee on Law Enforcement, as it is the one that proposes it.

What’s next

Human rights activists are calling on the parliament to revise the provisions of the draft law to balance the protection of information in the registers with the rights of journalists.

At the same time, the Rada is already starting consultations on a new version of the document, which is likely to take into account most of the criticisms.

Will a compromise be possible and will it be possible to protect freedom of speech in times of war? [Kommersant] is closely following the developments.