Freedom of Speech Barometer for February 2024

In February 2024 IMI experts recorded 16 freedom of speech violations in Ukraine.

This is evidenced by the monthly monitoring "Freedom of Speech Barometer" by the Institute of Mass Information.

Russia’s crimes (eight cases) include cyberattacks (7) and damage to a media office due to Russian shelling (1).

The Russian aggression in February resulted in the death of two more media workers who were defending Ukraine from occupation.

• Anton Yakovenko – soldier who worked as a video editor for the TV channel XSPORT before the start of Russia's full-scale invasion. Anton Yakovenko had been fighting in the ranks of the SMB "Black Zaporozhians" No. 72 since the start of the full-scale invasion. His last battle happened in Vuhledar (Donetsk oblast).
• Volodymyr Petrenko – soldier and former "Polissya.today" editor (Zhytomyr oblast). He was killed by Russian mortar fire on February 22, 2024, near Synkivka (Kupyansk district, Kharkiv oblast).

Freedom of speech in February 2024

In February Russian hackers mass targeted the Ukrainian media. The latest cyber attacks were recorded on February 18 and 19 and affected at least five Ukrainian media outlets: “Telegraf”, “Apostrophe”, LIGA.net, Ukrainian Pravda's X account and the TV channels “Espreso” і Priamyi. The Russians used the hacked resources to post disinformation about Russian troops “crushing” elite UAF units in Avdiivka.

The Russians also damaged the office of “Vorskla” newspaper when shelling Velyka Pysarivka (Sumy oblast). The newspaper’s team was unharmed. The Russians targeted the village center, civilian infrastructure, and residential buildings with Grad MRLS. Two shells fell near the "Vorskla" editorial office. All the windows in the room are broken, the roof is damaged. The interior of the office was damaged by debris.

The IMI also recorded eight freedom of speech violations committed by citizens of Ukraine. These include obstruction, surveillance and attacks on journalists, as well as cyber attacks and legal pressure.

The UAF operational unit "Sumy" has introduced permanent military escort for journalists in the "yellow zone" in their area. This contradicts the exceptions to the rules, which allow journalists to work on the yellow zone's public sites which are freely accessible to civilians without an accompanying officer. The new edition of the Decree No. 73 stipulates that the responsibility for a journalist’s safety lies with the journalist and their media outlet, not with the military, which is why such escort seems excessive and burdensome to journalists.

Bihus.Info journalists recorded continued surveillance over them while working on a report about the SBU-sanctioned surveillance of their team. According to the journalist Alisa Yurchenko, they repeatedly noticed unknown men near their office and around the building. When asked what they were doing there, the men “could not provide a clear answer as to why they were wandering around the office in circles.”

Furthermore, the IMI recorded cyber attacks on investigators Heorhiy Shabayev (“Skhemy”) and Mykhailo Tkach (“Ukrainian Pravda”). Unknown persons attempted to access Shabayev’s Telegram channel and Tkach’s Facebook pages.

Shabayev believes this has to do with his reporting. According to him, someone wanted to access his Telegram account to learn about upcoming investigations by "Skhemy", to get information on the media outlet's sources, or both. He said that unknown persons managed to intercept the text message sent to his phone number. They entered the number correctly and almost accessed the chats, but the two-factor authentication installed by the journalist prevented it.

The full monitoring is available below:

RUSSIA'S CRIMES

Cyber attacks – 7

1. "Ukrainian Pravda" loses access to their X account; profile now posts fakes

18.02.2024 The online media outlet "Ukrainian Pravda" reported their X account being hacked.

The editors noted that they lost access to the account on the evening of February 18, as the account started posting fakes.

In particular, these included false news about Russians "crushing" elite UAF units in Avdiivka.

"We are trying to restore the access. Please do not think that the UP has anything to do with the information posted on the social media platform," the publication noted.

As the IMI reported, on January 24, 2024, "Ukrainian Pravda" reported a DDoS attack on their website. Editor-in-chief Sevgil Musaieva noted that this was usually done by Russian hackers.

2. Someone hacks the LIGA.net website, posts Russian disinformation on Avdiivka

18.02.2024 The online media outlet LIGA.net reports that their website has been hacked and is posting Russian disinformation about Avdiivka. The editors declare that they are not involved in the publication of Russian disinformation.

As the media outlet writes, the fake news about the Russians "crushing" the elite UAF units in Avdiivka were posted on February 18 at 2:30 p.m.

The editors quickly removed the fake news from the news feed, but the material was still available for some time and was automatically shared on the outlet's X account.

LIGA.net apologizes to readers and is investigating the possible security gaps to fix the situation and prevent it from repeating.

"We emphasize that our editorial team only posts reliable and verified information and only reports on the frontline events citing competent sources such as the official UAF spokesperson, the military command and the state leadership," the editorial team declares.

On February 18, 2024, the online media outlet "Ukrainian Pravda" reported their X account being hacked; the perpetrators started posting fakes such as news of Russians "crushing" elite UAF units in Avdiivka.

3. Russians hack "Apostrophe", post fake news about Avidiivka

18.02.2024 The online media outlet "Apostrophe" says that on February 18, the Russians hacked their website to post disinformation about Russians "crushing" elite UAF units in Avdiivka.

According to the editors, the misinformation post featured a collage and a caption to it.

"The Apostrophe editors declare that this report has nothing to do with reality and urge our readers to consume information responsibly," the message reads.

The website's team is doing everything in their power to prevent similar Russian attacks in the future.

On February 18, 2024, the online media outlet LIGA.net reported that their website had been hacked and was posting Russian disinformation about Avdiivka. The editors declare that they are not involved in the publication of Russian disinformation.

On the same day, the online media outlet "Ukrainian Pravda" reported their X account being hacked; the perpetrators started posting similar fake news.

4. "Telegraf" website hacked by Russians, posts fake news on Avdiivka

18.02.2024 The online newspaper "Telegraf" reports that Russian hackers accessed their website and posted fake news about elite UAF units being "crushed" by Russian troops in Avdiivka.

"To post the Avdiivka fake news, the Russians 'hacked' several popular Ukrainian news websites – including 'Telegraf'. Yesterday, February 18, several domestic media outlets posted news about the UAF's supposed huge losses near Avdiivka and our army's 'elite forces being crushed' in this area. Of course, reasonable people were immediately suspicious of this information, especially considering the spelling errors in the simplest words," the media outlet writes.

The editors say that the Russians posted the fake news by hacking the security systems used by some media outlets.

On February 18, 2024, "Apostrophe" said that the Russians had hacked their website to post disinformation about Russians "crushing" elite UAF units in Avdiivka.

Earlier this week, the "Ukrainian Pravda" X account and the LIGA.net website were also hacked to post similar fake news.

5. Russians hack "Espreso" broadcast, stream their own propaganda reel

19.02.2024 The "Espreso" broadcasting system was hacked on the evening of February 19. The channel suspects Russian involvement in the attack, reports "Espreso" on their website.

The hackers accessed the channel's signal and used it to stream a short video with footage of ruined Ukrainian cities, a clip of Joe Biden and a call to stop, implying the USA's complicity in the war in Ukraine.

"We regret that our viewers saw this provocative video on air. Russia is solely responsible for the war in Ukraine. This is an obvious fact that the authors of the video tried to twist. This makes it clear that Russia is involved in the attack on Espreso," the TV channel's press office said.

The channel's team notes that they have already taken all necessary action to restore security and are preparing a statement to the police.

On February 18, 2024, Russian hackers targeted four Ukrainian media outlets: the websites "Telegraf", "Apostrophe", LIGA.net, and the "Ukrainian Pravda" X account. The Russians used the hacked resources to post disinformation about their troops "crushing" elite UAF units near Avdiivka.

6. Svidok.org under weekly hacker attack

21.02.2024 Co-founders of the online platform Svidok.org have been recording weekly cyberattack attempts, but the team constantly repels them. In addition to the cyberattacks, the Russians are trying to promote their narratives on the platform.

The Svidok.org head of communications Olena Kuk spoke about this on the Ukrainian Radio.

She noted that security is a top priority for Svidok.org. Furthermore, the platform is anonymous, so people don't have to worry about their data getting into the wrong hands. Moderators only pass the on statements to the police with people's permission.

"We did everything to ensure that this platform was reliable, that there was maximum protection against cyber attacks, that backups are created all the time, so that these data are never lost and are preserved," says Olena.

The online platform can also be used as a personal diary. The moderators have no access to those, so they will not make the information that a person writes down public or pass it on to the law enforcement.

Since the Russians are unable to hack the platform, they are trying to push their narratives through it, so the content people upload for publication is carefully moderated.

"Every memory, every testimony goes through additional moderation so as not to let pro-Russia narratives and Russian propaganda pass through our platform," Olena Kuk explains.

The primaty talking point of such narratives is that "all is lost, we've been betrayed, the government is bad, the Ukrainian military is bombing civilians."

"All these things are the Kremlin sounding its mouthpiece all the time, and it is very important to read the text carefully. Sometimes there can be a barely noticeable comparison between Ukraine and the Russian regime. Our team rereads it several times in order to notice the propaganda sprinkled in," says Olena.

There is a separate "button" for the people in the occupied territories. If the person is in the occupied territories, they can press the button and the note will be saved later, when they feel safe.

The purpose of the platform is to spread the testimonies and memories by Ukrainians beyond Ukraine. It can also be a personal war diary. The website allows you to safely and reliably store your lived experience of Russia's invasion of Ukraine and collect evidence of all the atrocities and war crimes committed by the Russians.

7. Pryamiy TV under Russian hacker attack

24.02.2024 Pryamiy TV suffered a Russian hacker attack at 6:33 p.m on February 24, reports the channel's website.

The YouTube livestream news ticker was hacked to display Russian propaganda instead of news.

Currently, the news ticker has been disabled; the channel's experts are working to restore it to normal.

Media offices damaged – 1

1. Russian Grad missile damages "Vorskla" newspaper office in Sumy oblast

16.02.2024 Russian shelling strike damaged the office of the "Vorskla" newspaper in Velyka Pysarivka village (Sumy oblast). The team was unharmed, reports the IMI representative in the Sumy oblast.

The shelling strike began on February 16 at 19:45. The Russians targeted the center, civilian infrastructure, and residential buildings with Grad MRLS.

Two shells fell near the "Vorskla" editorial office. All the windows in the room are broken, the roof is damaged. The interior of the office was damaged by debris.

"Vorskla" owner Oleksiy Pasyuha says that the office saw more damage this year than two years ago.

"The enemy targeted the same place where they had hit two years ago. Back then, the office was also affected, but a little less. This time things are a bit worse. On the morning after the shelling, the community leaders gave us all the necessary supplies: plastic wrap and boards, and communal workers arrived to fix things. By now, everything has been cleaned up, the windows have been boarded up. As of now, there is a risk that the heating system will fail due to significant damage to a different part of the building, but we hope the weather will not be severely cold and everything will be okay," said Pasyuha.

The shelling strike occurred in the evening, so there was no one in the office and the team was unharmed. Most of the equipment also survived. The team has grounds for relocation to a safer place, but this requires additional resources.

For reference. Velyka Pysarivka is located 6 kilometers away from Ukraine's border with the Russian Federation; it is the center of a community of the same name in the Okhtyrka district, Sumy oblast (the southernmost community in the border area).

The "Vorskla" office was founded almost 30 years ago. The target audience of the newspaper is the community's locals.

The newspaper never went out of print after the start of Russia's full-scale invasion, delivering information to the villages in the five-kilometer strip near the border with the help of local residents, the authorities, and the newspaper team themselves. In the trying times under martial law, the copies were made on the printer in the office itself.

CRIMEA – 1

1. Citizen journalist Lutfiye Zudieva detained in occupied Crimea

22.02.2024 The Russian occupiers searched the home of "Crimean Solidarity" activist, citizen journalist Lutfiye Zudieva. After the search, she was taken to the counter-extremism center, but later released, reports the civil society initiative "Crimean Solidarity".

In the morning, a car with no license plates drove up to her house. Four masked men got out and entered the house. They refused to explain what was happening, did not respond to a couple's request to let their son into the building and pushed out an elderly woman.

The police officers were also filming the people who gathered at the scene of the search.

Later, lawyers Emil Kurbedinov and Edem Semedliaev arrived. They tried to enter the house, but were not allowed to do so.

After the unlawful search, the occupiers lead Lutfiye Zudieva away.

According to the occupiers, they took her to the counter-extremism center.

"Today at 6 o'clock in the morning I woke up from loud footsteps. Looking in the camera, I realized that they were police. They jumped over the fence, opened the gate and entered the front yard. They knocked on the door loudly. I asked them to wait, because we were getting dressed. They showed us an inspection warrant from the Kyiv District Court. But in practice it was a search, they dug around everywhere, forced us to pull out our things to examine them," commented the activist's husband, Seitasan Chykiev.

The occupiers carrying out the search seized the video surveillance recorder, all the phones, flash drives and a laptop from Lutfiye Zudieva's house.

Later, Lutfiye Zudieva was released from the Center for Combating Extremism.

Lutfiye Zudieva has already been detained by the occupiers in June 2023. Back then, she was fined 12 thousand rubles.

THE FREEDOM OF SPEECH SITUATION IN UKRAINE FOR WHICH UKRAINIAN CITIZENS ARE RESPONSIBLE

PHYSICAL AGGRESSION

Beatings, assault – 1

1. Rada TV reports assault on their cameraman in Kryvyi Rih

13.02.2024 The TV channel "Rada" aired a story where a security guard of a Kryvyi Rih business beats the channel's cameraman Yehor Lyubarschuk on February 13.

The report was broadcast live on February 21 and streamed on the Rada YouTube channel.

Earlier, the IMI wrote that the police notified the security guard of suspicion for willfully beating a journalist due to their reporting (Part 2 of Article 345-1 of the Criminal Code of Ukraine). The court also chose nightly house arrest as a measure of restraint for him.

A filming crew consisting of a cameraman and journalist Valeria Kholodova were reporting on central heating problems in several apartment buildings in Kryvyi Rih. One of the women they interviewed showed them that the lack of heating had caused mold to spread on the walls.

Next, the filming crew and the locals who who prepared an appeal went to the subscriber department of JSC "Kryvorizka Teplocentral". There, they were approached by a man wearing a "security" badge.

The journalist asked the man to call the management. Finally, a woman came down to meet the filming crew and said that she was in charge of the communications group. She gave no comment to Valeria Kholodova and told them to submit a request, but did accept the appeal from the locals.

All this was happening outside of the office building. The fight broke out when, during the attempt to talk to the head of the communications group, the filming crew tried to enter the building and ask a few more questions. The  cameraman was prevented from entering by a different guard, with no identification badge this time. He was not wearing a uniform and was in ordinary civilian clothes.

After the incident, the filming crew called the police.

Neither the crew nor the TV channel have commented on the situation.

Obstruction of legal journalistic work – 1

1. Journalists in Sumy's "yellow zone" to be escorted by soldiers at all times, says IMI representative

12.02.2024 The UAF operational unit "Sumy" has introduced permanent military escort for journalists in the "yellow zone" in their area.

The regional representative of the IMI learned about this through media workers who attended the February 9 meeting with the OU "Sumy" press officer Maryna Tsvigun, who clarified the recent amendments to the Commander-in-chief's Decree No. 73.

According to media workers, journalists will be permanently escorted by soldiers in the yellow zone of the Sumy oblast. This contradicts the exceptions to the amendments, which allow journalists to work on the yellow zone's public sites which are freely accessible to civilians without an accompanying officer.

The IMI's sources in the OU "Sumy" say that since, according to Decree No. 73, journalists must be accompanied by a press officer while "in the soldiers' recreation areas" and in the "areas of permanent deployment points", then, in their opinion, the entire yellow zone falls under this the definition, and journalists need the press officers' support everywhere, even when working with civilians.

The media workers who were present at the meeting also say that the safety escort that the unit arranges for the journalists departing to the yellow zone includes "a fireteam to provide cover and a medical evacuation vehicle." The IMI's sources in the OU "Sumy" were unable to refute this information and pointed out that the entire zone was under fire, which is why they "have to make protection arrangements for journalists every day."

The latest amendments to Decree No. 73 removed the Clause 1.10, which stipulated that "in the event of a life-threatening or dangerous situation for mass media representatives" the soldiers should immediately halt the journalists' work at a military site, from Appendix 1. According to IMI lawyer Roman Holovenko, the new edition of Decree No. 73 states that a journalist's safety is his own and his media outlet's responsibility, not that of the military (Clause 5 of Appendix 4 to Decree 73: "Rules for the work of media representatives in combat areas"). In view of this, such security precautions seem excessive and burdensome for the journalists' work.

At the same time, Alyona Yatsyna and her media outlet "Kordon.Media" told IMI that the military have distributed their names and car numbers with an instruction not to let them through anywhere.

The IMI reached out to the OU "Sumy" press officer Maryna Tsvigun for a comment on the amendments to Decree No. 73, but she said that she had no right to comment.

On February 6, 2024, the amendments to Decree No. 73 "On the organization of cooperation between the Ukrainian Armed Forces, other components of the Defense Forces, and mass media representatives under martial law" were signed by the UAF Commander-in-Chief Valery Zaluzhny and made public.

A number of changes provide for easier access for journalists to the red and yellow zones. The zoning principle has also changed: access to areas inhabited by civilians remains free for accredited journalists and does not require additional permits or an escort.

The zones pertain not to the territory, but to specific military objects. Also, from now on, the military is not responsible for the safety of journalists working in the combat areas.

INDIRECT PRESSURE

Surveillance over journalists – 2

1. Bihus.info says the surveillance has continued recently

06.02.2024 Bihus.Info journalists recorded continued surveillance over them while working on a report about the SBU-sanctioned surveillance of their team, said Bihus.Info editor and journalist Alisa Yurchenko on Radio Liberty.

“We keep noticing spies near our office. Like, your typical spooks wandering around the office building. When we asked what they were doing there, they could not provide a clear answer as to why they were circling around the office. Cars with fake license plates, all this again. They may have been less active in the previous couple of days, but before that, while it was still unclear whether we would release that report, they were pretty active, yes,” Yurchenko said.

Commenting on the surveillance of their team as proved by the investigation, she says that this is a gross human rights violation, a privacy infringement and pressure on the team. However, they cannot yet say who exactly is the mastermind behind this.

On February 5, the head of the investigative journalism project "Bihus.Info", Denys Bihus, said that his team was being surveilled by the Security Service of Ukraine and the SBU's National Statehood Protection Department was behind the operation.

In response, the SBU stated that they were investigating cases on drug trafficking and the illegal use of surveillance equipment.

"According to the information available to the SBU, some Bihus.Info team members, unfortunately, were also clients to drug dealers supplying narcotic substances to other citizens," the special service noted.

On January 16, 2024, the head of the Bihus.Info project, Denys Bihus, recorded a statement in response to a provocative video shared on YouTube by the website "Narodna Pravda", wherein his employees negotiate the purchase of drugs and use them, and reported unlawful surveillance and wiretapping. He also announced staff changes.

The phones of the Bihus.Info team were wiretapped for several months, according to Denys Bihus's second video address. He says that the leaked phone conversation recordings point to this. These conversations happened some time apart.

On January 17, the Security Service of Ukraine opened a case over unlawful wiretapping and video surveillance of Bihus.Info employees. On the same day, SBU officers searched at the suburban complex where the Bihus.Info team members were illegally recorded on video. The law enforcers confiscated the hard drives with CCTV footage. On January 18, it was reported that the Kyiv Oblast National Police HQ had opened a pre-trial investigation into the violation of privacy following a statement by Bihus.Info journalist Maria Zemlyanska. The National Police is investigating four cases related to surveillance of Bihus.Info journalists.

The team performed their own investigation, and Denys Bihus reported that at least 30 people were involved in the surveillance operation targeting the Bihus.info team. The surveillance cameras were installed in the rooms where the project's employees, mostly women, stayed. Other guests at the hotel were also under unauthorized surveillance.

2. "20 Khvylyn" journalists report surveillance

29.02.2024 The Vinnytsia media outlet "20 Khvylyn" reports that the editor-in-chief Vadym Pavlov and journalist Vitaliy Pavlovsky have been spied on by the law enforcement, the website wrote on February 28.

The journalists believe the surveillance is connected with their reporting, namely the articles posted on their website:

• the November 22, 2023 article "War on illegal cigarettes: uncovered by 20 Khvylyn, searched by the police";
• the November 30, 2023 article "'This has to do with Odesa security services.' 20 Khvylyn journalists expose an underground cigarette-making shop";
• the February 14, 2024 article "The Spectr-Oil case. Gas stations protected by the security forces and the mob."

According to journalists, they have been under surveillance since the fall of 2023.

"We started noticing the same cars with different license plates, noticing minibuses with tinted windows near the places where we meet with colleagues and friends. What were we being watched for? We dont know. But we knew we were being watched. But by whom?" the journalists note.

They identified and filmed one such Fiat Tipo following them on February 26. Then the journalists called the police, but the police could not identify the car's owner, saying that there was no information about the car in their databases.

As the journalists noted, the police asked the car driver to show his ID.

"The driver opens the window a little and shows something that looks like an operational badge. The policeman turns around and says: 'The car is not subject to inspection'... After that, we realized that there were security officers inside, carrying out surveillance. They drove away, and other policemen blocked our cars so that we did not go after those who had been chasing us before. This is a kind of police cover-up," the media outlet writes.

The journalists also called the Security Service of Ukraine to the scene and filed a statement on unlawful surveillance.

As the IMI reported, the Bihus.Info team, Odesa journalist Iryna Hryb, and Politerno editor-in-chief Andriy Shchesniak (Ternopil) have reported being under surveillance earlier.

ONLINE PRESSURE

Cyber attacks – 3

1. Kropyvnytsky's "Hrechka" reports a phishing attack

06.02.2024 The Kropyvnytsky media outlet "Hrechka" reports a phishing attack: unknown persons sent several phishing emails to the editorial office's corporate inbox.

The editor, Anastasia Dzyubak, informed the IMI representative in the Kirovohrad oblast about this.

"Of course, we have already encountered phishing attempts. The last time they actively tried to phish us was in July 2022. Later, we started receiving similar messages on Hrechka's Facebook page, allegedly from the Facebook support service, but we kept calm and ignored those regular messages," the editor said.

According to Anastasia Dzyubak, this time the emails were extremely similar to official messages from Facebook moderators. The journalists were asked to verify their Facebook page within 24 hours by following an active link attached. The need for this supposedly arose due to complaints about "Hrechka's" failure to comply with the social network's internal policies.

The journalists were alarmed by the sender address: [email protected].

"I give my colleagues the same advice I have to my team: think three times before clicking on suspicious links, and always pay attention to the sender's email address," the editor summarized.

"Hrechka" journalists have already encountered suspicious activity targeting their work this year. In early January, the editors received an email from an unknown address with an offer to buy their outlet. Many Ukrainian media outlets received similar letters last December.

In January, scammers sent Facebook page administrators phishing messages with an offer to follow a link to "verify their account". Their true goal is to take over the page data.

In the same month, unknown persons tried to access to the editorial email inbox of Kherson's MOST. The journalists received a letter supposedly from the Ukrainian State Tax Service, but there were all the hallmarks that the letter was Google translated from Russian into Ukrainian.

2. Someone tried to access the Telegram account of a "Skhemy" journalist

19.02.2024 Heorhiy Shabayev, a journalist of Radio Liberty's "Skhemy" project, reports that someone tried to access his Telegram account on February 18. He believes this has to do with his reporting, the journalist wrote on Facebook.

According to him, unknown persons managed to intercept the text message sent to his phone number. They entered the number correctly and almost accessed the chats, but the two-factor authentication installed by the journalist prevented it.

"Since it was a targeted attack through a successful SMS interception, I believe it is directly related to my reporting. Aside from the operator, only the special services have official access to Ukraine's mobile communication infrastructure," said Heorhiy Shabayev.

According to him, someone wanted to access his Telegram account to learn about upcoming investigations by "Skhemy", to get information on the media outlet's sources, or both.

"In any case, this time the hackers failed," Shabayev wrote.

In his comment to the IMI, Heorhiy Shabayev noted that his team has not contacted the police at the moment, because, in the end, there was no breach – the two-factor authentication worked.

"But the fact that the hackers were able to intercept the text message is, of course, alarming. In addition to the operator, Ukraine's mobile communication infrastructure may also be accessed by the special services. Currently, the security departments of our company are looking into the incident," the journalist said.

According to him, his team has faced similar situations in 2018. Back then, someone tried to access the Telegram accounts of his two colleagues, Valeria Yehoshyna and Maksym Savchuk, simultaneously at night.

"As for the large-scale attack (on LIGA.net, "Apostrophe", "Telegraph" on February 18. – Ed.), I'm not sure there is any relation. There is a coincidence in timing: it happened on the same day, February 18. But we have seen that in the case of the media outlets, the hackers' goal was to spread anti-Ukraine messages in news feeds. That is, I think that the goals could have been different in my case. Maybe to get information about what materials I work on and what sources I talk to," added Shabayev.

3. Hackers try to access investigator Mykhailo Tkach's Facebook profile

22.02.2024 "Ukrainian Pravda" journalist Mykhailo Tkach reports that someone tried to access his Facebook profile.

"Friends, why bother with the codes? Just write down my password right away – it's Mykola Tyshchenko's birthday," the journalist wrote ironically.

In a comment to the IMI, the "Ukrainian Pravda" editor-in-chief Sevgil Musaieva noted that at the moment it was difficult to say who is behind these attempts, because Mykhailo was not at the office.

When asked about the possible involvement of Russian hackers, Sevgil Musaieva said that until the editorial team investigates the incident they can neither confirm nor deny this.

In November 2023, Ukrainian Pravda journalist Mykhailo Tkach was assaulted while filming in Kozyn, Kyiv oblast.

In early October 2022, Ukrainian Pravda journalist Mykhailo Tkach reported SMS-bombing and mass phone calls after the publication of his story "Wartime Fast and Furious. How the capital's residents are being terrorized by street races" on September 28.

Later, Mykhailo Tkach reported facing obstruction of his journalistic work and associates it with the publication of this story.

On October 13, Mykhailo Tkach reported being hit by a car. He added that he is "not inclined" to associate this case with his professional work, but noted that the VAZ driver sped up in front of a pedestrian crossing and in front of him. The Committee for Protection of Journalists (CPJ) called on the Ukrainian authorities to investigate the persecution of the Ukrainska Pravda team and the obstruction of the work of journalist Mykhailo Tkach.

LEGAL PRESSURE

Other instances of legal pressure – 1

1. Vinnytsia lawyer demands journalists take down an article on his client

28.02.2024 Vinnytsia lawyer Mykhailo Seredenko sent a request to the local media outlet "My – Vinnychany", demanding they take down an article about his client Alina Bakay. He also demands the outlet apologize and list the journalists' sources of information.

"My – Vinnychany" founder Vitaliy Duzhak reported this to the representative of the Institute of Mass Information in the Vinnytsia oblast.

On January 2, the media outlet released an article titled "What is the Vinnytsia fitness diva being tried for and what does ex-deputy Kudlayenko have to do with it". The story features Alina Bakay as the central figure. The journalists claim that she put tourniquet harnesses which were part of a humanitarian aid batch up for sale on OLX and offered a buyer to purchase tourniquets for a total amount of over UAH 600,000. The media outlet also states that the Vinnytsia City Court took Alina Bakay into custody and estimated the bail at UAH 208,000. The bail was posted on the same day and the girl was released from custody on personal recognizance.

In his request to journalists dated January 31, 2024, lawyer Seredenko notes that the outlet published Alina Bakay's personal data and a photo of her without her permission and consent. According to the lawyer, this is illegal, since such data can only be made public in the event that a court ruling against her enters into force, a resolution in the administrative offense case is passed, or upon her consent.

In addition, Seredenko put forward a number of demands to journalists in his request. In particular, he demanded a list of the sources for the information used in the article and the links to them, as well as to delete the information in question and to post a public apology to Alina Bakay on their website.

He demands all this "due to a violation of her non-property rights to use her name and personal photos, the integrity of her business reputation and morol (original spelling. – Ed.) damage to her..."

He also demands that "posting information about the criminal case against Alina Mykolaivna Bakay for a criminal offense under Part 3 of Art. 15, Part 3 of Art. 201-2 of the Criminal Code of Ukraine is prohibited."

Furthermore, the lawyer demanded a copy of the extract from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations on the registration of the NGO "Justice League Ukraine" and a copy of the printed media outlet state registration certificate.

According to "My – Vynnychany" founder Vitaliy Duzhak, they have not yet replied to the lawyer's request. "We will figure it out along the way if they do something," he said.

IMI lawyer Roman Holovenko notes that a lawyer needs to file a request to provide legal assistance to a client and cannot be a basis for a demand to prohibit or perform any actions.

"If the document is signed as a 'lawyer's request', then it is unclear on what grounds does the lawyer have to demand a prohibition or performance of some actions. It is also unclear what is their basis to demand an apology, as the Code of Administrative Offenses only mentions it as a sanction for minors. Regarding the list of information sources, the journalistic ethics stipulate that they should be listed in the article. Perhaps he confuses the information with some value judgments, in which case the source is the journalist who wrote the article or the person they are quoting," the lawyer said.

Roman Holovenko reminded that a journalist has a right not to disclose their sources of information, granted to them by the Law "On State Support of the Media, Guarantees of Professional Activity and Social Protection of Journalists."

The lawyer also added that the lawyer did not explain why the information from the Unified State Register of Legal Entities and the state registration certificate are necessary for him to provide legal assistance to his client.

According to Holovenko, a lawyer can obtain information about a legal entity from the Unified State Register  independently, as it is available to everyone on the USR website and data can be obtained as an electronic document for a fee. As for the print media outlet certificate, however, the access to that register is currently restricted.

DEFENDING FREEDOM OF SPEECH

The authorities' response to freedom of speech violations – 3

1. Court acquits the man charged with death threats to journalist Inna Biletska

08.02.2024 The Rivne City Court acquitted Andriy Buzynarsky, who had been charged with death threats to journalist Inna Biletska. The court also closed the proceedings in the case, which the prosecutor's office did not object to.

According to the regional IMI representative, the Rivne City Court issued the ruling on January 10, 2024.

The ruling states that Andriy Buzynarsky filed a motion to acquit him and close the proceedings in the case due to the expiration of the prosecution deadline.

"The prosecutor did not object to closing the case due to the statute of limitations expiring," the judgement reads.

Inna Biletska reported on Facebook that the case has been closed, mentioning Buzynarsky's death threats. "He says that he would give a couple of dollars to his guys and they would kill me. He asks i have any children, calling them orphans and me, a corpse," the journalist recalled.

"Threaten people all you want. Drink, use and, if you can, sell drugs. Then just stall a little and send your daddy to solve everything," Biletska wrote about the case closing.

The IMI contacted the Rivne Oblast Prosecutor's Office for a comment, to get an explanation as to why the Prosecutor's Office did not object to closing of the proceedings and why the terms of prosecution had expired.

On August 11, 2018, in Rivne, Andriy Buzynarsky, son of politician Viktor Medvedchuk's associate, threatened TRC UA:Rivne journalist and producer Inna Biletska, who was filming a car accident, with physical violence. Buzynarsky Jr. had caused the accident. He told the journalist the following: "You will be a corpse at best, a cripple at worst. You have any children?"

The police added the information on the incident into the Unified Register of Pretrial Investigations under Part 1 of Article 345-1 of the Criminal Code of Ukraine ("Threat or violence against a journalist"). Later, the investigator probing the case died, essentially halting the progress until June 2021.

Over three years after the case was opened, IMI learned that the police and the prosecutors were giving contradictory statements and shifting the blame onto each other.

In September 2022, the Rivne District Prosecutor's Office notified Andriy Buzynarsky of suspicion for assaulting against a journalist; the search for another suspect, who was hiding from the investigation, continued. Later, Buzynarsky was detained and placed in a pre-trial detention center. In October 2022, the prosecutors submitted an indictment to court.

Andiry Buzynarsky joined the National Guard of Ukraine while his case was being tried.

2. Bihus.Info surveillance: SBI opens obstruction case

13.02.2024 The State Bureau of Investigation has opened a case under Part 3 of Art. 171 of the Criminal Code of Ukraine – any form of influence on a journalist aimed at preventing them from fulfilling their professional duties and committed through abuse of office, reports the press office of the Prosecutor General.

They note that the law enforcers have discovered new details that may indicate obstruction of the legal professional journalist activity.

"Bihus.Info journalists were under illegal surveillance at a recreation complex. The collected information could be used to further influence them," the Prosecutor General's Office reported.

They added that procedural and investigative actions are currently underway to identify the persons involved.

As the IMI reported, on February 5, the head of the investigative journalism project "Bihus.Info", Denys Bihus, said that his team was being surveilled by the Security Service of Ukraine and the SBU's National Statehood Protection Department was behind the operation.

In response, the SBU stated that they were investigating cases on drug trafficking and the illegal use of surveillance equipment. "According to the information available to the SBU, some Bihus.Info team members, unfortunately, were also clients to drug dealers supplying narcotic substances to other citizens," the special service noted.

On February 6, the head of the SBU, Vasyl Maliuk, said that he was outraged by the actions of the Statehood Protection Department employees who were spying on the Bihus.Info journalists.

On February 6, the Verkhovna Rada summoned the SBU head Vasyl Maliuk to report to the parliament following the news that secret service officers were spying on the Bihus.info team.

On February 7, 2024, the Head of the Security Service of Ukraine, Vasyl Maliuk, discussed the Bihus.Info situation with G7 ambassadors. The SBU initiated the meeting.

On January 16, 2024, the head of the Bihus.Info project, Denys Bihus, recorded a statement in response to a provocative video shared on YouTube by the website "Narodna Pravda", wherein his employees negotiate the purchase of drugs and use them, and reported unlawful surveillance and wiretapping. He also announced staff changes.

The phones of the Bihus.Info team were wiretapped for several months, according to Denys Bihus's second video address. He says that the leaked phone conversation recordings point to this. These conversations happened some time apart.

On January 17, the Security Service of Ukraine opened a case over unlawful wiretapping and video surveillance of Bihus.Info employees. On the same day, SBU officers searched at the suburban complex where the Bihus.Info team members were illegally recorded on video. The law enforcers confiscated the hard drives with CCTV footage. On January 18, it was reported that the Kyiv Oblast National Police HQ had opened a pre-trial investigation into the violation of privacy following a statement by Bihus.Info journalist Maria Zemlyanska. The National Police is investigating four cases related to surveillance of Bihus.Info journalists.

The team performed their own investigation, and Denys Bihus reported that at least 30 people were involved in the surveillance operation targeting the Bihus.info team. The surveillance cameras were installed in the rooms where the project's employees, mostly women, stayed. Other guests at the hotel were also under unauthorized surveillance.

3. Man who assaulted Rada TV journalists in Kryvyi Rih notified of suspicion

04.02.2024 Law enforcers have notified the security guard of a Kryvyi Rih enterprise of the suspicion for obstructing the work of journalists and attacking a Rada TV cameraman, reports the Prosecutor General's Office.

According to the investigation, the security guard interfered with the work of the Rada TV journalists. He struck the cameraman on the arm and the camera several times to prevent them from entering the building.

The man was detained in accordance with Art. 208 of the Criminal Procedure Code of Ukraine and chose nightly house arrest as a measure of restraint.

He was notified of suspicion for deliberately beating a journalist due to his legal professional work (Part 2 of Article 345-1 of the Criminal Code of Ukraine).

Rada TV journalist Valeria Kholodova, who was in the crew that was attacked, informed the IMI representative that the story they filmed in Kryvy Rih was being prepared for broadcast. They do not comment on the situation any further.

The journalist community's response – 1

1. Human rights activists call for an investigation into Lutfiye Zudieva's detention in Crimea

23.02.2024 Several Ukrainian human rights organizations call on the Ukrainian authorities to investigate the unlawful search and detention of public activist, human rights advocate, and citizen journalist Lutfiye Zudieva in Russian-occupied Crimea.

The organizations released their statement on the ZMINA Human Rights Center website.

On February 22, 2024, officers of Russia's Center for Combating Extremism searched Lutfiye Zudieva's house. After the search, she was taken away to the counter-extremism center, but later released.

The police opened an administrative case against her under Parts 2 and 2.1 of Art. 13.15 of the Code of Administrative Offenses of the Russian Federation (abuse of freedom of mass information).

The investigation was triggered by her Facebook post about the unlawful persecution of alleged Hizb ut-Tahrir members, as she did not mention that Hizb ut-Tahrir is considered a terrorist organization by Russia, and also cited a Radio Liberty article without noting that the media outlet is considered a "foreign agent" by Russian law.

Lutfiye Zudieva is a public activist, human rights advocate and journalist covering trials and mass searches in Crimea and supporting the families of political prisoners.

Lutfiye Zudieva has already been detained by the occupiers in June 2023. Back then she was fined 12 thousand rubles.

The activists believe that the search, detention and administrative penalty is yet another attempt by the Russian occupation authorities to intimidate Lutfiye Zudieva and other human rights advocates in Crimea and silence them.

The statement call on the Ukrainian authorities to investigate the unlawful search and detention of Lutfiye Zudieva and bring the culprits to justice, as well as to initiate targeted sanctions against the persons involved in her persecution.

The human rights advocates call on the democratic governments around the world for a strong, consolidated protest against the politically motivated persecution of Lutfiye Zudieva and other public activists, human rights advocates and journalists in the occupied Crimea. They also call for targeted sanctions against the persons involved in Zudieva's persecution and for an increase in systematic pressure on Russia.

The statement was signed by: Crimean Human Rights Group, Human Rights Center ZMINA, NGO "KRYMSOS", NGO "Crimean Process", Human Rights Center "Diya", Center for Civil Liberties, Association of Relatives of Political Prisoners of the Kremlin, Platform for the Release of Political Prisoners, Ukrainian Helsinki Union for Human Rights, Center for Civil Education "Almenda", Regional Center for Human Rights, Human Rights House Crimea, Human Rights Education House – Chernihiv, Media Initiative for Human Rights, Ukrainian Legal Advisory Group and CF "Skhid SOS".