Freedom of Speech Barometer for July 2023
In July IMI experts recorded 11 crimes against freedom of speech in Ukraine. Four of them were committed by Russia and targeted media and journalists.
This is evidenced by the monthly monitoring "Freedom of Speech Barometer" by the Institute of Mass Information.
The crimes against media committed by Russia include injuring journalists and legal pressure.
At the same time, IMI recorded seven freedom of speech violations for which Ukrainian citizens are responsible. These include assault, threats, censorship and indirect pressure on journalists and media.
Three media workers who had enlisted to defend Ukraine were killed in action in July:
- Kostyantyn Hnitetsky, a serviceman and former videographer for Suspilne's Rivne branch, killed by Russian mortar fire near Dibrova, Luhansk oblast, on July 16.
- Dmytro Rybakov, a soldier, journalist and historian, killed in the Zaporizhzhia area on July 18. Before the war, he was as an editor and media consultant at Chas.News, "Forbes Ukraine", LB, "Ukrainian Pravda".
- Maksym Shwartzman, a soldier, photojournalist and videographer for the Chernivtsi news agency ACC, killed in action in Donetsk oblast on July 15.
In total, as per IMI's estimations, 66 media workers have been killed by Russia's aggression in Ukraine, 10 of whom died while reporting.
Three journalists (both foreign and Ukrainian) were injured in July. TSN correspondent Yulia Kiriyenko suffered a concussion on July 19 in the combat zone in Donetsk oblast, where she was filming a material about the Ukrainian defenders. "The Russians opened targeted fire either from a tank or from a howitzer – we didn't have time to process it. We felt five hits, two aimed at the dugout where we were hiding. Fortunately, while they were reloading their weapon, we managed to get into the car and drive away from the shelling," the journalist said.
Deutsche Welle (DW) cameraman Yevhen Shylko received a shrapnel wound on July 22, when Russians shelled Druzhkivka (Donetsk oblast) with cluster bombs. The DW filming crew came under Russian fire around 12:10 p.m. while filming Ukrainian soldiers at a training camp near Druzhkivka.
Dylan Collins, a reporter for the French news agency AFP, was also wounded. This happened as a result of a drone strike near Bakhmut, Donetsk oblast, on July 24. All of the journalists were injured while reporting and had been covering the work of Ukrainian military.
The freedom of speech situation in Ukraine for which Ukrainian citizens are responsible
The seven freedom of speech violations for which citizens of Ukraine were responsible include cases of assault, death threats, censorship and indirect pressure. These cases were recorded in Rivne, Sumy, Kyiv, Cherkasy, as well as in Odesa and Poltava oblasts.
In Sumy, IMI recorded two cases of death threats targeting the local media outlet CUKR. Unknown persons started threatening to destroy the editorieal team's office following a material about the life of the local LGBTQ+ community. The call to destroy the CUKR office was posted by the Telegram channel "Sumy: Holovne". “They are promoting the LGBT fad, the ninny lifestyle, and other soyboy qualities. This dumpster is sponsored by unidentified international funds. Well, we know what kind of human rights advocates they are and what exactly they are sponsoring: the spread of f*ggotry and the support for gender uncertainties. It's time to destroy this stinking hole," the Telegram channel wrote in their post, which features the office's address.
The police opened a case over threats to "CUKR" journalists, filed under Part 1 of Article 345-1 of the Criminal Code of Ukraine ("Threats or violence against a journalist").
The second time, the team received death threats. The same Telegram channel posted a photo of the "CUKR" team with the employees' names on it, captured "Enemies of the people. Hit list 2024".
In Ananyiv, Odesa oblast, unknown persons assaulted and beat Volodymyr Sedov, chief editor of the newspaper "Visti Ananyivshchyny". The journalist believes the assault has to do with his professional work, particularly with his investigations into corruption in the local authorities. Sedov's fingers on one hand were injured and he was diagnosed with a concussion. The police have opened a case under Part 2 of Art. 345-1 (threat or violence against a journalist) of the Criminal Code of Ukraine.
RUSSIA'S CRIMES
Wounded journalists – 3
1. TSN journalist suffers a concussion while reporting from the front
19.07.2023 TSN correspondent Yulia Kiriyenko suffered a concussion on July 19 in the combat zone in Donetsk oblast, where she was filming a material about the Ukrainian defenders, report TSN and Detector Media.
Yulia clarified that it happened at the UAF positions.
"The Russians opened targeted fire either from a tank or from a howitzer – we didn't have time to process it. We felt five hits, two aimed at the dugout where we were hiding. Fortunately, while they were reloading their weapon, we managed to get into the car and drive away from the shelling," the journalist said.
According to her, she realized she was feeling unwell while on the way back. The soldiers took her to the doctors at the stabilization point, who confirmed that she had a mild concussion.
"Well, hello, first combat injury. A Russian tank or a howitzer gave me a concussion. Now I am also a stabilization point patient. P.S. They gave me oxygen. Now I'm feeling better," the reporter wrote on Facebook.
On July 19, TSN aired a report by Yulia Kiriyenko about Ukrainian troops destroying Russian equipment on one of the segments of the frontline and the work of medics at a stabilization point near Bakhmut.
Yulia Kiriyenko is a war correspondent who has been working on the front line since 2014, covering the hot spots. Yulia's husband has been defending Ukraine in the ranks of the Armed Forces since the first days of the war. In March 2022, he was awarded the medal "For Courage". It was he who hit the first tank in the convoy approaching Brovary at the beginning of the full-scale invasion.
As IMI reported, in March 2022, the TSN filming crew (reporter Yuliya Kiriyenko and cameraman Volodymyr Rybachok) came under Russian artillery fire in Kyiv oblast.
2. DW cameraman injured by Russian cluster munitions in Donetsk oblast
22.07.2023 Deutsche Welle (DW) cameraman Yevhen Shylko received a shrapnel wound on July 22, when Russians shelled Druzhkivka (Donetsk oblast) with cluster bombs, DW reports.
The DW filming crew came under Russian fire around 12:10 p.m. while filming Ukrainian soldiers at a training camp near Druzhkivka. One Ukrainian soldier was killed in the attack, and several others were seriously wounded.
Shylko was taken to a hospital. His condition is stable now. DW correspondent Mathias Böhlinger and the security team accompanying the filming crew were intact. The journalists' car was damaged.
"We were filming the Ukrainian army during a shooting practice when suddenly we heard several explosions. We dropped down to the ground, several more explosions rang out, we saw that some people were wounded. Later, the Ukrainian army confirmed that we had been fired upon with cluster munitions," Böhlinger said.
DW CEO Peter Limbourg expressed his deep respect and gratitude to the reporters who continue to do their job covering the war despite the shelling and the risk to their lives. "Despite all the safety measures taken and the distance from the Russian front, the work of our colleagues in the war zone remains dangerous," he said and wished Shylko a speedy recovery.
As IMI reported, on July 19, TSN correspondent Yuliya Kiriyenko suffered a concussion in the combat area in Donetsk oblast, where she was filming a report about the Ukrainian defenders.
3. AFP reporter wounded by a drone strike near Bakhmut
24.07.2023 A reporter for the French news agency AFP was wounded by a drone strike near Bakhmut, Donetsk oblast, on July 24, reports Le Figaro, citing AFP.
Dylan Collins, 35, received multiple shrapnel wounds in a wooded area while filming a report on the work of Ukrainian artillerymen.
He was evacuated to the nearest hospital, where he is being treated. The doctors said that there is no threat to the journalist's life. He is conscious and in touch with his colleagues.
Director of AFP in Europe, Christine Buhagiar, said that they were looking into the details of the incident. "Our thoughts are with Dylan and his loved ones," she said.
Dylan Collins is a US citizen who lives in Lebanon but currently works in Ukraine. Collins has been with AFP since 2018 and is currently the news agency's video coordinator in Lebanon and Syria. Collins has worked in conflict areas in the Middle East and covered the Nagorno-Karabakh war in 2020.
Since the start of Russia's full-scale invasion of Ukraine, he has frequently visited Ukraine for work.
As IMI reported, AFP video reporter Arman Soldin was killed by Russian shelling near Chasiv Yar (Donetsk oblast) on May 9, 2023. Soldin and his colleagues from the AFP came under fire while they were with a group of Ukrainian soldiers.
French prosecutors opened a war crime investigation into AFP reporter Arman Soldin's death in Ukraine.
Legal pressure – 1
1. 1+1 anchor Natalya Moseychuk wanted by Russia
26.07.2023 The Russian Ministry of Internal Affairs has declared 1+1 news anchor Natalya Moseychuk wanted. This was reported by the Russian propaganda media outlet RIA Novosti.
The propagandists remarked that last year the Investigative Committee of the Russian Federation had opened a case against Moseychuk "for calling for violence against Russian pilots and their relatives."
As reported by IMI, in 2022, the head of the Investigative Committee of the Russian Federation, Alexandr Bastrykin, instructed his department to open a case against the news anchor of the Ukrainian TV channel 1+1, Natalya Moseychuk. She was accused of "making death threats to Russian pilots and their relatives while on air." As reported in the Investigative Committee, Natalya Moseychuk "expressed a misanthropic attitude and uttered real threats."
Before that, speaking on the "United News" marathon, the TV host reacted to reports about another bomb strike on Ukraine. She reminded the Russian military and their families about their responsibility. In particular, Moseychuk said that the wives of the Russian occupiers should "be afraid and understand that sooner or later" they will become widows. And she advised the brides of Russian pilots to "find black headscarves."
CRIMEA – 4
1. Crimean journalist Iryna Danylovych transferred to Krasnodar, Russia – Lubinets
14.07.2023 On July 17, the political prisoner, citizen journalist Iryna Danylovych was transferred from the temporarily occupied Crimea to Krasnodar, Russia. Dmytro Lubinets, the Verkhovna Rada Commissioner for Human Rights, reported this on Telegram.
He pointed out that the administration of the Simferopol PTDC disregarded the deterioration of her health and her need for immediate medical assistance.
Lubinets notes that in over a year that she spent in the pre-trial detention center, Iryna Danylovych "never received qualified treatment."
"She has an aggravated ear disease which may result in complete loss of hearing, suffers from constant headaches and impaired movement coordination," he wrote.
In addition, the Commissioner called the international community's attention to the fact that Russia "continues to defiantly violate the Geneva Convention, which states that failure to provide medical assistance is equivalent to torture and abuse."
Lubinets also learned about two other Crimean political prisoners, Farhod Bazarov and Mecit Abdurahmanov, being illegally transfered from Crimea to Balashov, Saratov region.
"In doing so, Russia is violating international humanitarian law: Article 49 IV of the Geneva Convention, which prohibits the occupying power from forcibly transferring civilians from the occupied territory to its own. The international community should step up their efforts and demand that the Russian Federation provide access to the places of detention of all unlawfully imprisoned citizens of Ukraine and release them immediately!" Dmytro Lubinets said.
As IMI reported, on June 29, 2023, it was reported that the Russian-backed Supreme Court of Crimea changed the ruling in the case of Iryna Danylovych, who had been previously sentenced to seven years in prison on charges of storing an explosive device.
Iryna Danylovych was detained on April 29 in the occupied Crimea. She was detained on her way from work on the road from Koktebel to Feodosia. Her house in Vladislavivka village was searched, her phone and laptop were seized.
On July 3, a number of human rights organizations demanded that the Russian authorities release Iryna Danylovych, a citizen journalist convicted in Crimea, and called on Ukraine to include her on the prisoner swap list and prevent her transfer to Russia.
2. Health of citizen journalist Suleimanov deteriorates in the Simferopol PTDC
26.07.2023 The health of citizen journalist Amet Suleimanov, who was detained by Russia on April 6, has deteriorated in the Simferopol pre-trial detention center, reports the Association of Relatives of Kremlin Political Prisoners.
"Amet asked me to buy him some necessary drugs that would ease his breathing, relieve spasms and shortness of breath. The other day, I was dealing with medicine certificates, paperwork, because these things are not that simple," said the wife of the political prisoner, Lilia Lyumanova.
On October 29, 2021, the Southern District Military Court in Rostov-on-Don announced they found citizen journalist Amet Suleimanov guilty. He was sentenced to 12 years of imprisonment under Art. 205.5 of the Criminal Code of the Russian Federation (participation in the activities of a terrorist organization) due to alleged involvement in the Islamic organization Hizb ut-Tahrir, according to the FSB of the Russian Federation.
As reported by the President's Representative Office in the ARC, Amet Suleimanov is waiting in line for a heart valve implantation. He suffers from arterial and mitral insufficiency. This condition is included in the government's list of diseases that prevent detention.
He was initially taken to the Southern District Military Court in Rostov-on-Don for a hearing, but was later allowed to appear via video call from the Crimean Garrison Military Court. Even so, the defendant had a hard time sitting through the court sessions: sometimes they had to be interrupted so that he could see a doctor. Despite their numerous claims to preserve Suleimanov's health, the Southern District Military Court decided to move him to a high security prison for 12 years.
3. Russian law enforcers detain over 10 people, including citizen journalists, near a court in Crimea
27.07.2023 Russian police in Crimea detained 13 Crimean Tatars near the building of the Simferopol Supreme Court, where an appeal against the ruling in the "case of Nariman Celâl and the Ahtemov brothers" is being considered today. The detainees had gathered to listen to the trial; among them were citizen journalists reporting for "Crimean Solidarity", Lutfie Zudieva and Kulamet Ibraimov.
This was reported by the public initiative "Crimean Solidarity".
Close relatives of Nariman Celâl and the Ahtemov brothers were also detained. Aziz Ahtemov's parents, Zarema and Eskender Ahtemov, activist Rustem Useinov (recovering after a heart bypass surgery), and Server Ahtemov (passport name – Serhiy), who has a third type disability (visual impairment), were detained as well. Detainee Kerim Ablyamitov also has a third type disability.
As IMI reported, 98 attacks and threats against journalists and bloggers were recorded in the occupied Crimea over the year, accorsing to the ZMINA Human Rights Center.
15 journalists from Crimea are in Russian detention facilities, including the Deputy Chairman of the Mejlis of the Crimean Tatar People, Nariman Celâl (Dzhelyalov by the documents).
In a comment to Crimean Solidarity, Lutfie Zudieva noted that she disagreed with the actions of the police officers.
"My principled opinion is that I broke no laws by being near the building of the Supreme Court of the Republic of Crimea. And the case they want to open for standing near the Supreme Court has no legal basis. I also broke no laws by refusing to have my fingerprints and saliva samples taken, because according to the law, the police only have the right to do this in special cases, and this is otherwise voluntary. In this case, I refused it, but the police officers want to file a second report under Article 17.7 of the Code of Administrative Offenses. I will defend this position as the case is being opened, at the hearing of explanations, and in court, if need be. I believe that in this way they are trying to limit us in our legal right to cover the trials of political prisoners where we think it necessary and to express our point of view. Today we are shown that there is no law. The law enforcers are the law, the FSB and the police," she commented.
Journalist Kulamet Ibraimov also spoke about his detention: "When I was taken away, I had been in the court's hall, telling them that I was allowed to film on the court's premises and that I had the appropriate permission from the chairman. As I was talking to the bailiff, two police officers approached me and asked if I had any documents with me, which I provided after I was done talking with the bailiff. I wanted to go to the court office to avoid detention, but the officers asked me to go straight to the district police office, not even to the van."
Lutfie was later released after being fined, and Kulamet remained under arrest for five days. The correspondents were charged under Article 20.2.2 of the Criminal Code of the Russian Federation ("Organization of a mass simultaneous presence and (or) movement of citizens in a public space that is not a public event, public calls for mass simultaneous presence and (or) movement of citizens in a public space").
4. Citizen journalist Suleimanov not allowed to lie down in the PTDC, says the journalist's wife
28.07.2023 Citizen journalist, political prisoner Amet Suleimanov, sentenced by a Russian court to 12 years in prison, was not allowed to lie down in the pre-trial detention center despite his heart disease.
This was reported on Facebook by his wife Lilia Lyumanova, writes RFE/RL's project "Krym.Realii".
Suleimanov's request to be released due to a severe illness was reviewed on July 27. According to Lyumanova, she had no time to talk with her husband – they only had time enough to say hello. After that, Amet discussed important points of the case with his lawyer. The trial passed quickly, it was postponed to September 27. Lilia Lyumanova reported that Suleimanov has been visited by a lawyer in PTDC-2 in Simferopol. The man described the conditions in which the journalist is being held.
"As it turned out, Amet is on his feet all day. He is not allowed to lie down. There are small benches for sitting. That is, a person does not even have the right to lie down. Consequently, his legs are swollen. I plan to visit Amet's doctor at the polyclinic and talk about his legs. I'm afraid that standing upright constantly may cause blood to clot," Lyumanova said.
She said that the prisoners were forced to learn the Russian anthem and sing it. Suleimanov also asked not to send him any instant porridge or noodles. Since they have no hot water and kettles are forbidden.
"As I understood, he can't even make tea for himself. Only instant coffee, and that is only on days when they have hot tap water. He pours it from under the tap," explained Amet Suleimanov's wife.
Moreover, there is a library in this detention center, but the prisoner cannot choose the books for himself, it is done by an employee of the pre-trial detention center, who brings him things to read.
"Ordering food from a store online is impossible. PTDC-2 does not have such a store. The last time I sent a package to Amet was in May, the next one will be in mid-August, no more than 20 kilograms," Lyumanova said.
As IMI reported, on October 29, 2021, the Southern District Military Court in Rostov-on-Don announced they found citizen journalist Amet Suleimanov guilty. He was sentenced to 12 years of imprisonment under Art. 205.5 of the Criminal Code of the Russian Federation (participation in the activities of a terrorist organization) due to alleged involvement in the Islamic organization Hizb ut-Tahrir, according to the FSB of the Russian Federation.
As reported by the President's Representative Office in the ARC, Amet Suleimanov is waiting in line for a heart valve implantation. He suffers from arterial and mitral insufficiency. This condition is included in the government's list of diseases that prevent detention.
He was initially taken to the Southern District Military Court in Rostov-on-Don for a hearing, but was later allowed to appear via video call from the Crimean Garrison Military Court. Even so, the defendant had a hard time sitting through the court sessions: sometimes they had to be interrupted so that he could see a doctor. Despite their numerous claims to preserve Suleimanov's health, the Southern District Military Court decided to move him to a high security prison for 12 years.
THE FREEDOM OF SPEECH SITUATION IN UKRAINE FOR WHICH UKRAINIAN CITIZENS ARE RESPONSIBLE
PHYSICAL AGGRESSION
Beatings – 1
1. "Visty Ananyivshchyny" chief editor beaten in Odesa oblast
13.07.2023 Volodymyr Sedov, chief editor of the newspaper "Visty Ananyivshchyny" reports having been assaulted and beaten by unknown persons in Ananyiv, Odesa oblast, on July 12. The police has started an investigation into the attack.
As the journalist told the IMI representative in Odesa oblast, he believes the assault has to do with his professional work.
"I have been reporting for several years on a joint criminal group in the Ananyiv community. They maim people, burn grain trucks, rob, terrorize. They are the town government: former police officers and bandits. I did some journalistic investigations, inquired about the corruption in local government. They threatened me, warned me, and yesterday they attacked me," Volodymyr Sedov said.
According to him, his fingers were injured and he was diagnosed with a concussion. The journalist filed a statement with the police over obstruction of journalistic work.
The Odesa Oblast National Police have opened a case under Part 2 of Art. 345-1 (threat or violence against a journalist) of the Criminal Code of Ukraine.
According to the police, the incident happened on July 12 in the afternoon. "The editor-in-chief of a local newspaper contacted to the police with a statement about assault against him and physical maiming... The investigation is underway. The police are investigating the details of the event and the persons involved," the police said.
The article provides for restriction of freedom for up to five years or deprivation of freedom for the same term.
Threats – 3
1. Media worker in Rivne receives a funeral wreath at his front door
03.07.2023 On July 3, unknown persons in Rivne placed a funeral wreath at the front door of a news agency's chief editor, reports the Rivne Oblast National Police.
The Rivne resident, aged 42, contacted the police at around 7:30 and reported that unknown persons had placed a funeral wreath with an inscription containing his name in the apartment building's hall.
The victim has no idea who could have done it. Police officers have inspected the scene and recovered the physical evidence.
The police has opened a case for threats to a journalist in connection with his legal professional work, classified under part 1 of Article 345-1 of the Criminal Code of Ukraine.
The police are working to identify the persons involved in the crime.
The maximum punishment stipulated by the article is up to three years of imprisonment.
The funeral wreath incident was reported on Facebook by the Rivne media worker, Vlad Isayev.
"While our valiant police were looking for (or pretending to be looking for) the people who set my car on fire two weeks ago, this is the 'gift' I found at my door this morning as I went out for a run. The city's safe, you say? Are the 90s coming back?” he wrote.
In his comment to IMI, Vlad Isayev said, "I cannot comment on anything while the investigation is in progress. I wrote everything I could on Facebook."
As IMI reported, on June 14, the car of the Rivne-based media worker Vlad Isayev was set on fire by unknown persons. He believes that this has to do with his journalistic work.
In his comment to IMI, Vlad Isayev noted that he was an editor at the news agency "Zakhidny Argument", although the agency no longer has a website. The last post the news agency's Facebook page was made back in 2021.
Isayev used to be a reporter for the newspaper "Rivne Vechirne", an editor for the website "Press Center", and the founder of the Telegram channel "Stierlitz", which posts revealing information about the government.
Isayev also told IMI that he did not know which ones of his articles could have triggered the arson. He refused to comment on the events while the police are working.
The police have opened a case for deliberate damage to property by way of arson (Part 2 of Article 194 of the Criminal Code of Ukraine). The police are looking into multiple theories about the crime, one of which takes into account Isayev's journalistic work.
2. Unknown persons in Sumy threaten to destroy "CUKR" office over a report on the LGBTQ+ community
12.07.2023 Unknown persons are threatening to destroy the office of the Sumy media outlet "CUKR" following their material about the life of the local LGBTQ+ community.
Editor-in-chief Oleksiy Tucha reported this to the IMI representative in Sumy oblast.
The article about the life of people from the LGBTQ+ community "It's true that you can be beaten up and end up in the intensive care unit for your sexuality" was published on the media outlet's website on July 12. The article discussed the safety of LGBTQ+ people, self-acceptance and coming out, which was polarizing for the audience. The CUKR community chat and the chat of the media overall filled with vigorous debate, and as soon as July 12 a Telegram channel with over 140,000 subscribers posted a call to destroy the CUKR office.
The Telegram channel in question is "Sumy: Holovne". “They are promoting the LGBT fad, the ninny lifestyle, and other soyboy qualities. This dumpster is sponsored by unidentified international funds. Well, we know what kind of human rights advocates they are and what exactly they are sponsoring: the spread of f*ggotry and the support for gender uncertainties. It's time to destroy this stinking hole," the Telegram channel wrote in their post.
In his comment to the IMI representative, Oleksiy Tucha said that after these threats, the editorial office filed a statement with the police regarding the attempt to restrict journalists in their right to perform their professional duties.
"On the one hand, you understand that it could be some kind of bluff, empty words, and you take it more calmly. On the other hand, there are 140,000 people subscribed to the channel, and one of them may come up with something. Overall, all of us had the same reaction, we tried very hard to approach it with a level head, not to panic too much, but at the same time to protect ourselves," said the editor-in-chief.
The communications head of the Sumy Oblast National Police, Volodymyr Krupetskikh, gave a comment to the IMI representative, saying that the police had received and registered the statement. But, he added, "a case has not yet been opened. An inspection is underway."
3. "CUKR" journalists receive death threats; perpetrators post a hit list
14.07.2023 "CUKR" team received death threats a day after unknown persons threatened to destroy their office.
On July 14, the anonymous Telegram channel "Sumy: Holovne" made a post calling for the murder of the media outlet's staff. The post contained a photo of the "CUKR" team with the employees' names on it, captured "Enemies of the people. Hit list 2024".
"Recently, we reported on a local publication that helps and sponsors those afflicted with homosexualism and other deviations. They were offended by this and complained to the prosecutors. We show the faces of those who devalue our shared victory and want to turn Ukraine into a Soviet LGBT Union. Someone is sitting in the trenches, crushing the orcs with their own hands, and someone is fretting over gender uncertainties," the post reads.
Currently, the editorial team is filing another statement with the police, this time about death threats.
"All we can do to protect ourselves is inform the police and implement safety measures at our workplace," said "CUKR" co-founder Dmytro Tishchenko to the IMI representative in Sumy oblast.
As reported by IMI, on July 12, unknown persons on the Telegram channel "Sumy: Holovne" posted threats to destroy the "CUKR" office following an article about the life of the local LGBTQ+ community.
On July 14, the Sumy Oblast Police opened a case over threats to "CUKR" journalists.
The Commission on Journalistic Ethics condemned threats to the media outlet's team.
CENSORSHIP, "TEMNIKS", INFORMATION ACCESS
Censorship – 1
1. CHESNO says that "Uryadovy Kurier" is being censored to favour "Servant of the People" head
28.07.2023 The CHESNO movement reports that an "Uryadovy Kurier" article about the urban planning code, which had been deleted back in April, is back on the website and has been amended.
Back then, the movement pointed this out and, as noted, wrote several requests to the Cabinet of Ministers and to "Uryadovy Kurier".
The reply from the media outlet was rather vague and they had to send a second request. Chief editor Serhiy Braha responded on June 14.
"That is, violating the legal deadline for providing an answer," CHESNO stresses.
"The editorial team of the newspaper is currently finalizing the material about the development of the Urban Planning Code; accordingly, the material will be published soon after the preparation is complete," the letter reads.
The article later appeared on the "Uryadovy Kurier" website. CHESNO compared screenshots of the article which had been taken down from the website in early April with the new text in order to find out what exactly the editors were busy "finalizing" for over two months.
They discovered that a comment by a representative of the Association of Ukrainian Cities, Oksana Prodan, and a part of the thesis emphasized by the deputy head of the Architectural Chamber of Ukraine, Anna Kyriy, which concluded the material, were gone from the article.
Instead the article featured a different headline and additional quotes by the head of the Servant of the People party and of the Committee on State Construction and Local Self-Government, Olena Shulyak. She is a key lobbyist for the urban "reform" which the European Parliament recommended Volodymyr Zelensky not to sign due to corruption risks.
"It is interesting that the headline itself has been changed, too. It used to say "Urban Planning Code to resolve controversial issues", and now it says "Urban Planning Code. Will the document be adopted before the start of the large-scale reconstruction". And this is the exact message that Ms. Shulyak promotes: "Our opponents are in no hurry to write the Code, as it is ideal for the corruption to keep flourishing." We remind you that the story with the bill No. 5655 has been going on for two and a half years. If Shuliak had spent this period working with stakeholders, we could have had a good reform. But there is no time for democracy," Anna Kyriy stresses.
In order to add Shulyak's quotes, some of the editors' text was moved to subtitles.
As noted by CHESNO, "Uryadovy Kurier" deleted the article and only posted the "amended" version up again after their requests and the media backlash. Only now it featured new quotes from Shulyak and some quotes from other speakers were gone.
"One can surmise who benefited from such censorship. The CHESNO Movement knows about Olena Shulyak's repeated attempts to influence the mass media. Fortunately, in most cases, the editors withstand the pressure from the head of the ruling party. Censorship is unacceptable in a democratic society and has to be rooted out strictly and without compromising," stressed Vita Dumanska, the leader of the CHESNO Movement.
The Institute of Mass Information has contacted the "Uryadovy Kurier" office for a comment.
INDIRECT PRESSURE
Other cases of indirect pressure – 2
1. 18000 journalist reports tensions in dialogue with Cherkasy mayor; mayor denies
24.07.2023 Iryna Malyukova, a journalist for the Cherkasy media outlet "18000", says that the editors have encountered unethical behavior while communicating with the Cherkasy mayor, Anatoly Bondarenko, and that he has declined their inquiries. The mayor denies that there are any tensions in communicating with the media.
Iryna Malyukova informed IMI about this and the Cherkasy mayor commented on the matter.
Malyukova believes that the reason for the mayor's reaction to the 18000 is that it is the oblast's only media outlet that does journalistic investigations.
"That is probably why we are witnessing such responses from him. We have made content about the mayor in 2021 and now. Every time we ask him for a comment, this is the kind of answers we get. Unfortunately, we are dealing with offences, insults to our dignity and business reputation, and even with sexism," the journalist said.
The editors sent an online request to the mayor while collecting information for an investigation, asking him about his property: the real estate and the cars. A copy of the request was seen by IMI. However, the reply from the mayor came not in the mail, but during a City Council session. Anatoly Bondarenko wrote the answer by hand and handed it to Iryna Malyukova.
"We took the first comment with no prior agreement, near the City Council, during working hours. We did not receive answers to all of the questions, so we sent another written request to the City Council. We do not understand why the mayor of an oblast center decided to give us a handwritten reply. By the way, we got the reply after he posted the photo of the letter on Facebook, making up the questions that we supposedly asked him. Like 'Why isn't the mayor spending his nights at home?'" the journalist explained.
At the same time, Malyukova added that, for the most part, the team has no issues when receiving comments from the City Council's press office or directly from the mayor by phone for their news reports. When it comes to analytical content or investigations, however, things understandably get more difficult.
"But what's more impressive is the public response to these comments. Which, in fact, we covered in our last investigation about the house construction. In particular, we have been publicly accused of being bribed and of having "low morals" during the plenary session and in several posts and comments on his and our Facebook pages, with him trying to accuse us of being on various structures' payroll, referring to a tender we won or a on investigations contest from Suspilne," the journalist noted, adding that there has been no public response to the investigation from the mayor.
In his comment to IMI, Mayor Anatoly Bondarenko noted that there were no tensions in his communication with the media. According to him, "the publication simply writes false information." Asked about the offensive behaviour on his part, the mayor replied: "They can say whatever they like. It's their right."
26.07.2023 The website "Kremenchuk Today" published several articles accusing the "Kremenchutska Hazeta" chief editor, Oleh Bulashev, and his media of working for the Russians. The journalist has called the materials false and nonsensical.
Oleh Bulashev informed the IMI representative in Poltava oblast of this.
On July 26, the website published the article "Why hasn't pseudo-journalist Bulashev been arrested yet for working for the enemy?" It alleges that Bulashev has "always been a supporter of the 'Russian world' as a concept," "publishes materials defending the UOC of the Moscow Patriarchate." He is the freelance spokesman to metropolitan Nikolay of the UOC MP's Kremenchuk Diocese, has participated in the creation of pro-Russian content on behalf of the church." The website also provides examples of allegedly leaked intelligence about significant targets in Kremenchuk.
Bulashev was also accused of being the Party of Regions spokesperson for many years, the OPFL spokesperson since 2014, of heading the press office of Yanukovych's headquarters in Kremenchuk during the 2004 and 2009 elections, and of working for the Party of Regions and OPFL HQs during in the elections to the Verkhovna Rada and the local council in 2006–2020.
Natalia Boyko is listed as the author of the article. The IMI representative spoke with Kremenchuk journalists and was told that there is no journalist with such a name; it is most likely a pseudonym.
The "Kremenchuk Today" website has no information on the website's founders, but it does list the editorial staff. Multiple Kremenchuk journalists whom the IMI representative spoke to did not know any journalists with such surnames and have never met them at public events.
The IMI representative contacted the "Kremenchuk Today" office asking for a comment on the media workers' remarks about having never met "Kremenchuk Today" representatives at any events and believing the listed names to be fictitious, and for a comment on the allegations against Oleh Bulashev as well. The IMI representative of IMI wrote to the e-mail address listed on the website and to the website's Facebook page, but has not yet received any reply.
According to the Ukrainian Institute of Intellectual Property's State Register of Brand Certificates for Goods and Services, the trademark "Kremenchuk Today" (certificate No. 180210 dated 12/25/2013) is owned by Dmytro Borisovych Lozovyk. The brand was registered in 2013 and expired by 2018, as indicated on the website of Ukrpatent. Dmytro Borisovych Lozovyk is the head of the Kryukiv district administration of Poltava oblast. He denied his involvement in the "Kremenchuk Today" website in his comment to the IMI representative. He said that the trademark was canceled several years ago and that he did not know who owns the website and who works there.
"Kremenchuk Today" editors ask that their material about Bulashev be considered an official appeal to the police and demand that a case be opened against him.
For his part, Oleh Bulashev denies all the accusations. "Everything that this publication writes is complete nonsense that has nothing to do with reality. This is not the first time I have seen similar articles about myself on the Kremenchuk Today website, I have contacted the police and the court about it. It was useless, because there is no way of knowing who owns the website and who should be held accountable," he said.
Bulashev also denies the involvement of the oligarch Kostyantyn Zhevago in the "Kremenchuk Hazeta", which he runs, as alleged by "Kremenchuk Today" on July 24.
Bulashev's colleagues from other media also deny the allegations against him, which they told the IMI representative.
The head of the NGO "Media League", Olha Pryadko (Autoradio), noted that the website lists names of non-existent editors and journalists whom none of her colleagues from Kremenchuk have met.
"The names listed there belong to non-existent editors and journalists, whom none of my colleagues from Kremenchuk have ever met. The feed of supposedly relevant and important news about blackouts, rising prices and extraordinary events is "sprinkled" with commissioned reports that serve the client's goals, as well as manipulations and fake news about their competitors. And this is a common practice for this publication," Olha Pryadko said.
Freelance journalist Yana Roschiy called the article about Bulashev paid-for and not grounded in any facts.
"We are dealing with a commissioned material, not supported by any significant facts. Only slander, insults and assumptions. I believe that such an attack should not be left unanswered, because it is an insult to the honor and dignity of a person and a journalist," she said.
The editor-in-chief of "Kremenchuk Telegraf", Lesya Lazorenko, noted that Bulashev writes a lot of reports criticizing the local government and usually materials about him and his media outlet appear after such reports.
"Unfortunately, gaps in our legislation make identifying those who write and order such materials impossible. Oleh writes many critical reports about the leaders of our city and the current people's deputy. Usually, after the release of such reports, materials smearing Oleh himself and his media outlet appear online. They all feature no verified facts, no comments and no evidence base. This has nothing to do with journalism standards and everything to do with the destruction of democracy and freedom of speech," said Lesya Lazorenko.
Oleh Bulashev notes that independent appeals to the police have not yielded any results, so he has now turned to media lawyers and is waiting for advice on how to proceed.
As IMI reported, the confrontation between "Kremenchuk Today" and "Kremenchutska Hazeta" has been going on for a long time, appeals have been filed to the Independent Media Council and Mediacheck. The results of an independent media examination indicate a violation of the Ukrainian journalist's Code of Ethics by both websites.
FREEDOM OF SPEECH DEFENSE
The authorities responding to journalists' rights violations – 3
1. Ex-Berkut officer who assaulted reporter Maria Lebedeva in 2013 receives a suspended sentence
12.07.2023 The Shevchenkivsky District Court of Kyiv sentenced Ruslan Marchuk, former deputy commander of the 1st platoon of the 3rd company of the Kyiv special MIA unit "Berkut", to five years in prison with a two-year probation period, finding him guilty of obstructing the legal professional work of a journalist, among other things.
The court ruling was issued on July 12, the Legal Advisory Group reports.
The court also suspended Marchuk's right to hold positions in law enforcement bodies for two years.
The court found Marchuk guilty of excess of authority or official powers accompanied with violence, illegal interference with the organization or holding of assemblies, obeying a patently criminal order or command, and obstruction of legal professional work of journalists.
Reporter Maria Lebedeva was one of the victims. The court partially satisfied her civil lawsuit and fined the convict UAH 50 thousand of moral redress. Lebedeva was asking the court for seven years in prison for Marchuk.
In her Facebook post, Maria noted that neither Marchuk nor his lawyer had come to the announcement of the ruling.
It will be recalled that on November 30, 2013, journalist Maria Lebedeva, who was covering the protests on Independence Square (Maidan), was approached by a Berkut officer. He grabbed her arms and shoved her away while trying to knock the equipment out of the reporter's hands.
"... They were acting ferociously, as if tasked to just kill these people", this is how Maria Lebedeva described the Berkut officers supperssing the Maidan protests on the night of November 30 at a hearing in the Marchuk case, the Legal Advisory Group notes.
2. Police opens case over threats to "CUKR" journalists
04.07.2023 The Sumy Oblast Police have opened a case over threats to "CUKR" journalists.
This is announced on the website of the Sumy Oblast National Police.
As the police notes, a journalist of a local publication contacted them and reported being threatened for their professional work.
"According to the applicant, a Telegram channel made a post calling for the destruction of their editorial office, featuring their real address. The journalist believes this has to do with their recent report on sexual minorities," the police report.
A case has been opened under Part 1 of Article 345-1 of the Criminal Code of Ukraine ("Threats or violence against a journalist"). The pre-trial investigation is underway.
As reported by IMI, on July 12, unknown persons on the Telegram channel "Sumy: Holovne" posted threats to destroy the "CUKR" office following an article about the life of the local LGBTQ+ community.
27.07.2023 The Pechersk District Court of Kyiv sentenced the woman who had attacked NewsOne correspondent Darina Bilera in 2018 to two years in prison, but released her from serving the sentence with a two-year probation period.
The court ruling was made on July 18, 2023, reports "Sudovy Reporter".
The court found the woman guilty of inflicting minor injuries on the correspondent because of her professional work. The woman hit Darina Bilera on the head, and she had to stop the livestream due to being frightened. Later, doctors found a bruise on the victim's auricle.
The incident happened on September 17, 2018 in Kyiv, in front of the General Prosecutor's Office, where people had gathered in protest of Ingushetia native Timur Tumgoev being handed over to Russia. The latter apparently wanted to fight against the Russians in the Donbas.
The NewsOne correspondent was also pelted with ice and chicken eggs during the livestream.
The cameraman who accompanied the journalist reported that aggressive actions were only targeting their filming crew. Before his eyes, an unknown woman approached his partner and hit her in the face.
The defense side tried to prove the absence of the corpus delicti (under Part 2 of Article 345-1 of the Criminal Code). Namely, they claimed that the defendant slapped the victim because of her provocative behavior. They alleged that the journalist had pushed her first, hitting her in the solar plexus. The lawyer claimed that the actions of his client should be qualified as hooliganism (Article 296 of the Criminal Code). Moreover, there allegedly was no way of telling that the victim was a journalist.
The defendant said that she repented of what she had done, but that she did not know that the victim was a journalist. She said that, she happened to pass by the rally and approached to see what was going on. While talking to people, the defendant felt someone push her in the solar plexus, felt pain and bent over. Looking up, she saw a petite girl run, pushing her way through the crowd, followed by various objects flying at her. She did not see the microphone in the girl's hands, as she was looking at her from behind. The woman confirmed that she caught up with the girl and slapped her in revenge. The defendant reported that other journalists and cameramen were standing 10-15 meters away from the site of the events and their appearance it clear that they were journalists, unlike that of the victim.
But the defense's version was refuted by a video recording which shows that foreign objects from the crowd were flying into the journalist as she was commenting on the events, with some of these objects (broken eggs) remaining in her hair. At the same time, the crowd can be heard shouting "Whore!" An unknown man in a blue jacket shoves the correspondent away, shouting "Get out of here!"
After hearing the insults, the journalist stepped aside and continued to work live, holding a microphone with the TV channel's name written on it. Later, a woman appears in the video and lowers the reporter's microphone. Immediately after that, a woman wearing a vyshyvanka and glasses approaches the journalist from the side and hits her on the head with her palm. The journalist leaves and says that they are forced to interrupt the broadcast.
The video recording refutes the testimony of the defendant, who said that the blow was a response to the victim's provocative behavior, and confirms that those present were aware that the girl in front of them was a journalist. The protesters associated the journalist with the alleged owners of the TV channel, which triggered their hostility.
Therefore, the court found it proven that the woman hit the girl precisely because of her professional journalistic work.
According to the court, the circumstances recorded on the video disprove that the victim's injuries could have been caused by foreign objects thrown at the journalist by the crowd during the direct attack. The court was convinced that the victim's bruise was caused by the hand of the accused.
The accused is aged about 50, she has no official employment, has a permanent place of residence and registration, her neighbors are of positive opinion about her; she has not been charged with any crimes before. Although the woman did not plead guilty, the court considers it possible for her to correct her behaviour without serving a prison term.
As reported by IMI, on September 17, 2018, rally participants attacked NewsOne correspondent Daryna Bilera, who was covering the protest under the building of the General Prosecutor's Office of Ukraine in Kyiv.
The police opened a case under Part 1 of Art. 171 of the Criminal Code of Ukraine ("Obstructing the legal professional work of journalists") and notified the woman of suspicion for attacking a journalist.
On June 8, 2023, the National Council for Television and Radio Broadcasting canceled the licenses of the channels "Nash", "Maxi TV", 112, NewsOne, ZIK, UkrLive and "Pershiy Nezalezhniy".
On February 2, 2021, the President of Ukraine, Volodymyr Zelensky, signed into effect the decision of the National Security and Defense Council "On the application of special targeted economic and other restrictive measures (sanctions)", which provides for the introduction of five-year sanctions against People's Deputy Taras Kozak and the legal entities owning TV channels "112 Ukraine", NewsOne, and ZIK because of his anti-Ukrainian activities.
The journalist community's response – 2
1. Commission on Journalistic Ethics condemns pressure on "CUKR" team
14.07.2023 The Commission on Journalistic Ethics condemns threats to the online magazine "CUKR" triggered by a report on the life of LGBTIQ+ people in Sumy, writes the organization in their statement.
The threats were posted on July 12 on a Telegram channel with over 140,000 subscribers: unknown persons were calling for the "destruction" of the "CUKR" office.
"The Commission strongly condemns such crude pressure on the team of an independent media outlet. The purpose of such threats is to influence the editorial policy of the publication and the way the journalists observe the standards of their profession," the statement reads.
The CJE stressed that editorial independence is a prerequisite for the existence of high quality journalism, as it allows journalists to freely choose topics to cover – in particular, topics related to the life of various social groups.
"In this case, the article about the life of LGBTIQ+ people gives visibility to the problems faced by the heroes of the report and contributes to overcoming discrimination against this group," the Commission adds.
The statement refers to two points of the Ukrainian Journalist's Code of Ethics.
In particular, Clause 1 of the Ukrainian Journalist's Code of Ethics states that freedom of speech and expression is an inalienable part of a journalist's work. Pressure on the media forces them to abandon topics that appear to be "dangerous", which leads to self-censorship and eventually to silencing problems or avoiding criticism. As a result, journalists no longer adhere to professional and ethical standards in their job.
The CJE also called attention to Clause 15 of the code, which emphasizes that no one must be discriminated against because of their gender, language, race, religion, national, regional or social background or political views. By extention, this list also prohibits discrimination based on sexuality and gender identity.
The Commission on Journalistic Ethics calls on the National Police to thoroughly and promptly investigate the pressure on the "CUKR" team and identify the authors of the threats.
As reported by IMI, on July 12, unknown persons on the Telegram channel "Sumy: Holovne" posted threats to destroy the "CUKR" office following an article about the life of the local LGBTQ+ community.
On July 14, the Sumy Oblast Police opened a case over threats to "CUKR" journalists.
24.07.2023 Ukrainian journalists and media organizations, members of the Media Movement, call on international organizations not to confuse journalists with propagandists, who are active participants of the Russian aggression against Ukraine.
UNESCO and the International Federation of Journalists issued statements calling the recently killed Russian citizen Rostislav Zhuravlyov, an employee of the Kremlin news agency RIA Novosti, "the 14th journalist who died since the beginning of the war in Ukraine on February 24, 2022", and called for an immediate investigation into his death.
We, the Ukrainian media community, remind the international organizations that propagandists are direct antagonists of journalists. It is their actions that lead to the destruction of freedom of speech and the persecution of media workers who work in compliance with the principles of freedom of speech and professional standards. Russian media organizations and their employees, who are active producers of propaganda and participants in Russia's military aggression against Ukraine, must be made accountable for their actions that led to the instigation of the war and the mass killing of Ukrainian citizens.
Propagandist Rostyslav Zhuravlyov personally participated in the aggression against Ukraine as part of armed formations, in particular, in the seizure of Ukrainian administrative buildings in Donetsk region in 2014. As Zhuravlyov himself wrote in his own social networks, he came from Russia in 2014 to participate in the war against Ukraine. This is evidenced by numerous photos of Zhuravlyov with weapons, Nazi symbols, and his posts, which indicate that he took an active part in the Russian occupation of Ukraine. He was also an active member of the Russian radical nationalist party "National Bolshevik Party", in particular, he headed its Sverdlovsk branch.
We also inform international organizations that RIA Novosti is a state information agency that is fully controlled and financed by the Russian state authorities. RIA Novosti is a part of the propaganda conglomerate "Rossiya Segodnya" under the leadership of Dmitri Kiselyov. both are subject to international sanctions and proactively produce fake news and aggressive disinformation about events in Ukraine.
For years, the Kremlin's propaganda, in particular, the RIA Novosti agency, prepared the ground for the Russian invasion and spun narratives about the supposed seizure of power in Ukraine by the Nazis and the alleged flourishing of Nazism throughout the country.
In April 2022, RIA published an article by Russian political technologist Timofey Sergeytsev "What Russia should do with Ukraine", which called for the complete destruction of Ukraine as a state and the ethnocide of Ukrainians. The author equated all Ukrainians with Nazis, and also incited Russians to radical military actions with the help of judgments such as "Ukrainian Nazism poses no less, but a greater threat to peace and to Russia than German Nazism of Hitler's origin". RIA Novosti published many direct calls for the destruction of representatives of the Ukrainian government, in particular, in the same article it was said: "The Bandera elite must be wiped out, its re-education is impossible".
Employees of such organizations are directly responsible for Russia's criminal war against Ukraine. Numerous sociological studies indicate a clear correlation between the consumption of Russian state information resources and support for the actions of the Russian army in Ukraine. All excuses of propagandists, such as the fact that they simply presented an "alternative point of view" to the audience, must be decisively rejected.
We call on international organizations to openly condemn Russian state propaganda and recognize it as a threat to peace and an act of aggression, in accordance with Article 30 of the UN Charter.
For reference: Mediarukh is a community that has united journalists from leading Ukrainian media, investigative journalists and experts from independent media organizations. Media movement was launched on February 5, 2019. The first signatories of the Mediaruh memorandum were Suspilne, Ukrainian Radio, Hromadske Radio, Ukrinform, Interfax-Ukraine Liga.net, ZN.ua, NV, Censor.net, Ukrayinska Pravda and many others leading Ukrainian media. The movement also includes leading Ukrainian media NGOs - IMI, Detector Media, Independent Media Council, Internews Ukraine, National Media Association, Center for Democracy and the Rule of Law, Suspilnist Foundation, Donetsk Institute of Information, Pylyp Orlyk Institute of Democracy, Zmina Center for Human Rights.
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