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Media Rules & Rulers

New Purpose For The Tin Pot

It is a given that authoritarian rulers seize every opportunity to keep the lid, metaphorically, on dissent. Free and independent media, in their view, only serves to stir the pot of discontent, many voices disturbing their realm. For the kitchen that is democracy to serve up a full course the pot sometimes boils.

tin pot cookingUkraine President Viktor Yanukovych lifted his pen last Thursday (January 16) and signed into law several measures aiming to curtail criticism. Ukraine’s parliament adopted the amendments, mostly, to civil code by voice vote earlier the same day. There was no discussion. Media freedom and civil liberty advocates inside Ukraine and elsewhere reflexively took aim.

The Ukrainian Criminal Code was amended to re-criminalize defamation. “Intentionally spreading false information” and “discrediting the honor and dignity of another person” is punishable by fine, a community service term or prison. If in the media – including the web – the punishment is about the same. Accusing somebody of a crime – “grave or especially grave” – can result in up to two years in jail. Definitions of defamation, slander or libel were not included in the bill.

The bill of amendments sponsored by ruling Party of Regions MPs Vadym Kolesnichenko and Vladimir Oleinik made illegal blocking government buildings and convoys of more than five automobiles without prior notice and extended legality of video surveillance. Owners of mobile phone are now required to sign contracts before receiving SIM cards, extending mobile surveillance. Protesters can be fined for wearing masks or helmets.

The “collection, storage, use, destruction, dissemination of confidential information about judges, their close relatives or family members, distribution of materials or information that is clearly offensive and demonstrates defiant disregard for judges or justice, pressure, intimidation or interference in any form with the activities of judges committed for the purpose of revenge, preventing judges from performing their official duties in order to obtain a miscarriage of justice, or public calls or distributing materials inciting such acts” is now illegal in Ukraine.

Ukrainian websites “distributing information contrary to the law” can now be blocked as well as websites of unregistered “news agencies.” Organizations receiving foreign funding must register as “foreign agents” and account for funding and activities of all employees. Non-compliant NGOs can be closed.

Before gaveling the Verkhovna Rada session to a close, members voted to raise the budget for President Yanukovych’s administration. Two hours later he signed the five bills. It was a long day that began with a contentious adoption of the State budget that brought opposing deputies uninvited to the podium, some throwing punches. Hence, the electronic roll-call was abandoned.

Reaction from Western critics was swift and scalding. "The measures adopted severely undermine democracy in Ukraine,” noted International Press Institute (IPI) press freedom advisor Steven Ellis, in a statement (January 17) closely mirroring sentiments of major media watchers. “We call on governments around the world to make known to Ukraine's leadership that these steps are unacceptable and we urge Ukrainian lawmakers to reverse course on this legislation.”

Poland’s Foreign Minister Radoslaw Sikorski called events in Kiev “ominous.” Sweden’s Minister for Foreign Affairs Carl Bildt compared Ukraine’s government with that of Belarus. “Dark designs against democracy clearly behind what we saw in Kiev today,” he wrote on Twitter. “And ultimately against independence of Ukraine.”

Steps Western governments can take are largely rhetorical, as recently discovered recently by European Union officials. Protests broke out across Ukraine after President Yanukovych opted for a cash deal with Russian President Vladimir Putin rather than a pretty treaty with the EU. Several observers noted that these new laws in Ukraine look suspiciously similar to those implemented by President Putin. 

Inside Ukraine reaction varied by politic. "The people of Ukraine have been deprived of civil rights and liberties,” said opposition leader Vitali Klitschko. The new laws on speech, assembly and media freedom “will destroy the manifestations of civil disobedience in Ukraine, begin repressions and turn Ukraine into a dictatorship,” said Transparency International/Ukraine, quoted by AFP (January 17). “The bills are a high security prison for everyone who feels like a free person,” said another opposition leader, Yuriy Lutsenko. Opposition political parties promptly filed lawsuits with Ukraine’s Supreme Administrative Court to overturn the laws.

Justice Minister Olena Lukash said the new laws against “extremism, slander and mass public disorder” meet “European standards,” quoted by TV channel Inter (January 19). Foreign Affairs Minister Leonid Kozhara called comments by foreign officials on “the workings of the Verkhovna Rada are considered interference in the internal affairs of our country,” in an official statement (January 17).

And so, protesters – often referred to as pro-EU but also including Ukrainian nationalists – returned Sunday to Kiev’s Independence Square, the scene of protests two months ago. Riot police turned out and the two groups clashed, protesters briefly attempting to storm the parliament building, batons and water cannons turning them away. Some protesters, reported Reuters (January 19), wore pots and pans on their heads in defiance of the new prohibition on wearing helmets.


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