Freedom of Speech Barometer for June 2024
The Institute of Mass Information experts recorded 13 freedom of speech violations in Ukraine in June, according to the monthly IMI monitoring “Freedom of Speech Barometer”.
Russia’s crimes (two cases) included the abduction of a journalist and a media outlet shutting down.
The Russian aggression resulted in the death of one media worker who was defending Ukraine in the ranks of the UAF:
- Arsen Fedosenko – a UAF captain and photographer for the Media Center of the UAF Strategic Communications Department. Killed in action on June 10 after being gravely wounded by a KAB in Kharkiv oblast.
Freedom of speech in Ukraine in June 2024
Kakhovka journalist Zhanna Kyselyova has been kidnapped from the occupied Kherson oblast city again. She was abducted from her own apartment on June 27. Her current whereabouts are unknown. The Russian troops have already kidnapped Zhanna Kyselyova once in September 2022 and kept her in a torture cellar for almost a month. After being released, she stayed in the occupied city. Zhanna Kyselyova ran the district newspaper "Kakhovska Zorya" for many years and fought for its denationalization.
Sumy's STS Broadcasting has announced a temporary shutdown for the duration of the marial law. The decision had to do with the lack of advertising, the team downsizing due to the evacuation of some employees and mobilization. At least 235 Ukrainian media outlets had to shut down, relocate, or suspend broadcasting as a result of Russia's full-scale aggression.
The IMI also recorded 11 freedom of speech violations not related to Russia's war on Ukraine. These included assassination, death threats, obstruction of legal reporting, censorship, restricting access to information, indirect and legal pressure.
For the first time since 2019, a journalist has been assassinated in Ukraine: Qazaqstan's opposition journalist Aydos Sadykov was killed in Kyiv. He was in a coma in the hospital after being shot. His wife Natalia Sadykova blamed the death on the President of Qazaqstan, Kasym-Zhomart Tokayev.
He and his wife ran the YouTube channel "BASE", criticizing the Qazaq authorities and oligarchs. Sadykov is also known for supporting the January 2022 protests in Qazaqstan, which were suppressed by CSTO troops. In October 2023, he was declared wanted in Qazaqstan for "inciting hate". The latest video on his channel was uploaded on June 18. It has the title "The Qazaq President has become a puppet to Russian influence agents."
War correspondent Anna Kalyuzhna reported receiving death threats to herself and her parents following her criticism of a post by TV presenter Yanina Sokolova, who wrote that the battlefield "needs reserves urgently." According to the war reporter, the threats were made after a conflict with an Assault Brigade No. 3 battalion commander Dmytro Kukharchuk. The police have opened proceedings over death threats to Kalyuzhna.
Moreover, the IMI recorded 5 cases of obstruction in Kyiv, Odesa, Kryvyi Rih, Mykolaiv, and in Poltava oblast. Journalists (e.g. the Watchers reporter Alina Kondratenko) have been asked to leave the courtroom during an open access hearing.
In Kryvyi Rih, the local authorities banned journalists from filming the aftermath of the June 12 shelling strike with no explanation. Sofia Skyba, the executive director of the online media "Pershiy Kryvorizky", and other journalists have asked for an explanation, but received none. The journalists consider the ban an attempt to monopolize information on the part of the authorities.
In Odesa, security guards interfered with TSN special correspondent Serhiy Osadchuk's reporting from the site of a missile strike despite the journalists' having been led to that spot by a patrol police officer. According to the journalist, the security guards intervened when he was recording testimonies from eyewitnesses (the warehouse staff). After some time, the security guards walked away elsewhere and no longer approached the TSN filming crew.
Local journalists received the army's permission to work at this civilian object in compliance with all safety regulations.
Slidstvo.Info reported facing censorship when they were asked to remove all references to problems with missing or incomplete fortifications in Kharkiv oblast from their material which was released on June 6. In her comment to the Institute of Mass Information, Slidstvo.Info editor-in-chief Nastya Stanko reported that it was the military that tried to influence the media outlet, namely to have the featured soldiers' words about fortifications from the article. The journalists refused to comply.
Read the full monitoring below:
RUSSIA'S CRIMES
Abduction – 1
1. Kakhovka journalist Zhanna Kyselyova kidnapped by Russians again
27.06.2024 The Russian troops kidnapped local journalist Zhanna Kyselyova for the second time in the temporarily occupied Kakhovka (Kherson oblast), reports the Kakhovka City Military Administration.
According to the administration, the journalist was kidnapped from her own apartment on June 27.
Zhanna Kyselyova's whereabouts are currently unknown.
As reported by the Institute of Mass Information, the Russian troops have already kidnapped Zhanna Kyselyova in September 2022 and kept her in a torture cellar for almost a month. After being released, she stayed in the occupied city.
Zhanna Kyselyova ran the district newspaper "Kakhovska Zorya" for many years and fought for its denationalization.
In 2020, she was elected a Kakhovka City Council deputy.
Kakhovka city has been under Russian occupation since February 2022.
Media outlets shutting down due to Russia's war on Ukraine – 1
1. STS suspends broadcasting in Sumy
17.06.2024 STS Broadcasting asked the National Council on Television and Radio Broadcasting to approve their temporary suspension of broadcasting during martial law, reported the regulator's representative Larysa Yakubenko on June 14.
According to her, the decision had to do with the lack of advertising, the team downsizing due to the evacuation of some employees and mobilization.
The NCTRB approved the temporary suspension of broadcasting.
"STS was broadcasting without using the radio frequency spectrum (cable broadcasting). In 2022, following the full-scale invasion, the company already suspended its operations and resumed them after the de-occupation of Sumy oblast," Larisa Yakubenko wrote on Facebook.
IMI has contacted the broadcaster for comment.
LLC "STS Broadcasting" was founded in April 2015. According to "Detector Media", the TV channel was created by the former chair of the Sumy Oblast Administration (2010–2013) Yuriy Chmyr, then bought by deputy Ihor Molotok. Open sources suggest that he now owns 50% of the shares of PJSC "Shostka Broadcasting Company Telecom-Service". According to Youcontrol, Yevhen Karaban is the final beneficiary of the LLC "STS Broadcasting".
CRIMEA – 1
05.06.2024 The Russia-controlled Kyiv District Court of Simferopol considered the appeal against the verdict fining the human rights activist and journalist Lutfiye Zudieva and upheld the ruling to impose an administrative penalty on her, reports the civil society initiative "Crimean Solidarity", citing Zudieva's lawyer Emil Kurbedinov.
The lawyer said that the appelate court's ruling was "expected" and noted that he and his client would apply for cassation.
"Looking at the court hearings and the case files, I understand that the court is relying on something else, not on the law or the due process established in legal relations when it comes to mass media publications," Kurbedinov said.
He reminded that Lutfiye Zudieva, was posting about the hearings in the "Bilohirsk group" case on her private channel as a private person.
"The state, represented by the law enforcement and the judiciary that plays along with it, simply intends to ensure that no information about such high-profile political trials is reported to the public. So that people keep silent and don't even state the facts with no value judgements," the lawyer added.
He added that if the cassation court also upholds the ruling regarding the human rights activist and citizen journalist, he intends to appeal to international institutions.
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.
In March 2024, the Russia-controlled Kyiv District Court in Simferopol fined the human rights activist and journalist Lutfiye Zudieva 2,500 rubles (UAH 1,000). Roman Filatov of the Russian Counter-Extremism Center (CEC) charged her with "abuse of freedom of mass information."
According to Zudieva, the judgement was issued without her participation and the court did not review the written objections of the defense. She believes that she is not an offender and as a natural person was not obliged to comply with the requirements, and that the head of the Crimean CEC department Ruslan Shambazov essentially treated her personal Facebook page as a registered media outlet.
In April 2024, a Russian court in Crimea fined the Crimean Tatar human rights activist and citizen journalist Lutfiye Zudieva, finding her guilty of "abusing the freedom of mass information.
THE FREEDOM OF SPEECH SITUATION IN UKRAINE FOR WHICH UKRAINIAN CITIZENS ARE RESPONSIBLE
PHYSICAL AGGRESSION
Murder – 1
1. Qazaq journalist Aydos Sadykov targeted in Kyiv shooting
18.06.2024 An unknown person shot at Qazaq opposition journalist Aydos Sadykov in the Shevchenkiv district of Kyiv, RBС Ukraine reports.
According to the police, they received a report of a shooting on V. Yarmola Street. At the scene, the police learned that an unknown person had approached the parked car where the journalist and his wife were, shot at the journalist and then fled.
All services are working on the ground; the incident is being assigined a legal category, action is being taken to identify and detain the attacker.
The Kyiv National Police HQ have begun a pre-trial investigation into the attempted assassination of the Qazaq journalist Aydos Sadykov.
On June 20, Qazaqstan President Kasym-Zhomart Tokayev said that the Qazaq state authorities were ready to join the investigation into the attempted assassination of Qazaq opposition journalist Aydos Sadykov in Kyiv.
On June 24, Aydos Sadykov's wife Natalia quoted the doctors as saying there is a 0.01% chance that her husband will be fine. According to her, Aydos is now in intensive care in a deep coma.
On June 25, the Prosecutor General's Office announced the beginning of the extradition of the suspects in the attempted assassination of Qazaq journalist Aydos Sadykov.
On the night of July 2, Aydos Sadykov died. His wife Natalia Sadykova blamed the journalist's death on the President of Qazaqstan, Kasym-Zhomart Tokayev.
"Aydos Sadykov has passed away today at 3:00 a.m. Kyiv time. My adored husband, the father of our three children, a great son of the Qazaq people. Aidos sacrificed his life for Qazaqstan, died a martyr's death at the hands of killers. Aydos fought for his life for thirteen days in the intensive care unit, but no miracle happened. His death is on Tokayev's hands," she said.
Who is Aydos Sadykov
According to RBC Ukraine, Aydos Sadykov was born in the village of Qarabutaq (Aktobe region, Qazaqstan), near the border with Russia. He graduated from the history department of the Aktobe Pedagogical Institute.
Sadykov has been prosecuted in his homeland. In 2010, he was sentenced to two years in prison on charges of "hooliganism" and released in 2012. He and his supporters called the charges fabricated. Sadykov was an active public figure, organized protest rallies. He ran the Aktobe region branch of the oppositional All-National Social Democratic Party "Azat"; having left the party, he attempted to create the opposition public movement "Hastat" and an independent trade union at the enterprises of the Chinese oil company "SNPS-Aktobemunaigaz".
He and his wife run the YouTube channel "BASE", criticizing the Qazaq authorities and oligarchs. Sadykov is also known for supporting the January 2022 protests in Qazaqstan, which were suppressed by CSTO troops. In October 2023, he was declared wanted in Qazaqstan for "inciting hate".
The latest video on his channel was uploaded on June 18. It has the title "The Qazaq President has become a puppet to Russian influence agents."
Death threats – 1
1. War reporter Anna Kalyuzhna reports death threats to herself and parents
19.06.2024 War correspondent Anna Kalyuzhna says she received death threats to herself and her parents.
She reported this on her Facebook page and posted the screenshots.
"I am receiving death threats and threats to rape my parents in front of my eyes," Kalyuzhna wrote.
According to the war reporter, the threats were made after a conflict with an Assault Brigade No. 3 battalion commander Dmytro Kukharchuk. Anna Kalyuzhna also reported receiving a text message from Kuharchuk's old personal number, saying: "Haven't kicked the bucket yet?"
"Kukharchuk's reaction to the most disgusting threat to my parents (probably sent by Kukharchuk's subordinatel according to my data) was as follows: 'Could it be because you devalued heroism?'" Kalyuzhna commented.
The war reporter noted that those who threatened her have been identified and that she would pass this information on to the police. Her information suggests that one of them is Kukharchuk's subordinate.
Anna Kalyuzhna says she received dozens of phone calls from different numbers within a few hours of the night, including a call with a rape threat.
"It is sad that Mr. Kuharchuk and, presumably, the rest of the brigade command, involved the privates in this. And even though they cropped out the end of my previous post everywhere, I will say it again: I have great respect for the Assault Brigade No.3 personnel, the Brigade's volunteers, the heroism of the Brigade's soldiers (including Avdiivka and the feats of today, I add). I respect them no less than I do other military personnel," the journalist noted.
She said that she would file a complaint with the National Police.
IMI has requested additional comments from Anna herself as well as Dmytro Kucharchuk.
Obstruction of legal reporting – 5
1. Watchers say their journalist was asked to leave an open court hearing
11.06.2024 The media project Watchers reports that the Darnytsky District Court (Kyiv city) judge Polina Kolyadenko asked their journalist Alina Kondratenko to leave the court hearing on June 5, falsely assuring her that it was a closed session.
The journalist came attend a hearing in the case of Serhiy Fedotov, an Ukroboronprom employee charged with treason. The investigation believes that the man had been sharing data about the movement of UAF units and equipment with his classmate who lives in Russia.
As the media outlet writes, Alina Kondratenko arrived to the hearing early. The court's security wrote her name down in the visitor's log and let her into the building. The journalist entered the hall a security offier pointed her to and asked about the hearing she was interested in. Relying on the court schedule, she left, as there was still some time before the hearing.
However, the hearing started not at 12:30, but at 12:15. When the journalist entered the hall, she saw that the judges were already there, so she went to the seats reserved for the audience and journalists.
The presiding judge asked the journalist who she was. She introduced herself, but, the media outlet writes, the judge replied: "We are holding the hearing in a closed session, please leave the hall."
The journalist noted that the case was listed in the court register as reviewed in an open hearing.
After that, the judge flipped through the case files and, having studied them, said: "Okay, you may stay."
The media outlet also writes that the judge's secretary approached Kondratenko after the hearing and said that journalists must ask the judge's permission to attend open court sessions.
"The fact that the guards let you in – that's permitted. But you should have come to us – to me, the secretary, or to the assistant judge – and asked whether or not you could [be present]," she said.
However, this is not required by any law based on which justice is administered in Ukraine, the media outlet writes. The journalist also asked to justify such a demand in legal terms, but the secretary was never able to do it.
As reported earlier, on January 31, 2024, "Watchers" journalist Alina Kondratenko was barred from attending an open hearing at the Solomyansk District Court of Kyiv in the case about the Motor Sich ex-CEO Vyacheslav Bohuslaev.
2. Poltava journalist asked to get approval on photos from traffic accident scene
12.06.2024 Darya Hustilina, the editor-in-chief of the newspaper "Chutivsky Kray" (Poltava oblast), reports being asked to get an approval on a photo from the scene of a car crash involving a Halo humanitarian demining vehicle.
The journalist informed the Poltava representative of the Institute of Mass Information about this.
According to the journalist, the accident happened on June 12: she was taking photos of the event when the crew of the Halo humanitarian demining vehicle demanded that she get an approval to publish the photos from the car crash scene from their office.
"When I took a few photos of the traffic accident, a woman from the humanitarian demining vehicle came up to me and said that the publication should be coordinated with their office. However, she did not introduce herself, and no one gave me any office contacts," Darya Hustilina said.
The journalist added that she showed her journalist's badge at the woman's request, and it was photographed.
IMI lawyer Volodymyr Zelenchuk explains that the journalist does not have to coordinate her report.
"Data on unlawful actions by state bodies, local self-government bodies, their officials and employees cannot be considered classified information (clause 5, part 4, Article 21 of the Law on Information). Traffic accidents involving a humanitarian demining vehicle can be filmed and made public without their consent," commented the lawyer.
13.06.2024 Following Russia's June 12 shelling strike on Kryvyi Rih, the representative of the Dnipropetrovsk Oblast Military Administration press office, Natalia Ohorodnya, told journalists in a group chat that "authorized bodies" were banning them from filming the aftermath of the strike.
Sofia Skyba, the executive director of the online media "Pershiy Kryvorizky", spoke about this in her comment to the regional representative of the Institute of Mass Information.
"Colleagues! At the moment, any filming at the Kryvyi Rih emergency site is PROHIBITED by authorized bodies! The reporters who have arrived at the site of the emergency and started filming by now, stop!!" said the group chat message.
Sofia Skyba and other representatives of the "Pershiy Kryvorizky" team considers such a ban as "the government monopolizing information."
"On Wednesday, when all the garbage Telegram channels have already posted all the videos, social media users have shared the address of the affected building online, after it was announced that a humanitarian assistance HQ would be opened, the OMA representatives started banning us from filming anything. That is, they didn't mean 'not to post anything for 3 hours'. They meant that filming civilians and buildings was banned. With no explanation," said Sofia Skyba.
She says she and her colleagues have asked for an explanation multiple times. "We were met with refusals and aggression. It looks like this is: a) the overall fatigue sinking in, which affected the public servants' press offices too; b) an unspoken sign of censorship; c) monopolization of information. I want to be wrong in all three cases," said Sofia Skyba.
She also noted that an hour and a half after the impact, the SES and President Volodymyr Zelensky released a video from the shelling site.
We note that reports of the explosion in Kryvyi Rih first appeared around 15:50 (this was reported by Suspilne Dnipro, who cited their correspondents – Ed.). The all clear signal came at 17:12. The post on President Volodymyr Zelensky's Telegram channel was made at 17:35, and the OMA representative asked journalists not to film anything at 18:22.
IMI called the Dnipropetrovsk OMA press office representative Natalia Ohorodnya for a comment regarding the communication with journalists in this situation, but she did not pick up the phone.
IMI is ready to hear Natalia Ohorodnya's perspective regarding the ban on reporters filming the aftermath of the shelling strike on Kryvyi Rih on June 12, 2024.
According to IMI lawyer Volodymyr Zelenchuk, the unexplained ban on filming can be considered an unlawful and unwarranted restriction of freedom of speech.
"Of course, restrictions on freedom of speech are allowed in wartime. However, they must be warranted by the need to prevent information leaks that could harm the defense forces, the state, and society. Disclosing information about the war crimes against civilians committed by Russia does not inherently harm these interests. Moreover, such information is of a socially valuable nature," Volodymyr Zelenchuk said.
He noted that such groundless and unjustified bans should not affect the work of journalists, provided that they wait the prescribed time before releasing their materials.
"And given that media workers ensure that no potentially harmful information is recorded or delete it after detecting it themselves or on the instructions of the law enforcement, which may check the recorded material," the lawyer explained.
According to Oleksandr Vilkul, head of the city's Defense Council, as of June 13, the emergency rescue work at the site of the missile strike has been completed. 9 dead and 32 injured persons are reported.
June 14 will be declared a day of mourning in Kryvyi Rih.
4. Mykolaiv City Council adopts new rules on journalists' access to the building
20.06.2024 The Mykolaiv City Council adopted new rules on journalists' access to the building. Now journalists can only enter the building upon invitation from officials, according to deputy mayor Vitaliy Lukov's reply to a request from the local newspaper "NikVesti".
The document published by the media outlet states that the access to the Mykolaiv City Council building is regulated by the Instruction approved by the mayor Oleksandr Senkovych on February 3, 2022.
According to the Instruction, media representatives can enter the building if they are included in the open event lists prepared by the organizational unit of the Department for Ensuring the Functioning of Executive Bodies of the Mykolaiv City Council.
Journalists will be admitted by one-time electronic passes upon showing documents confirming their identity and professional affiliation.
To get comments, interviews or discuss other issues, journalists are allowed to enter the building escorted by an official from the information support unit of the mayor's department, and they have to add their name in the visitor logbook.
"After the start of the full-scale war, the Mykolaiv government significantly limited its communication with the public; the media can not work at city council or deputy commission sessions or at executive committee meetings – all these take place online now. This makes the work of journalists significantly more difficult, as they essentially have no direct channels of dialogue with officials, and no one knows anything about the work of most deputies at all," said "NikVesti" chief editor Kateryna Sereda in her comment to IMI.
She noted that a few weeks ago, "NikVesti" journalists tried to enter the City Council to get comments from the officials after the weekly staff meeting with the mayor.
"We wanted to learn more about issues that interest the community, such as bomb shelter construction, liquidation of educational institutions, reconstruction of buildings damaged by shelling, etc. However, our correspondents were not allowed to enter the city council because, as it turned out later, there was an order to prevent journalists from entering the building without special permission," added Kateryna Sereda.
As reported by IMI, in 2021 the Pervomaysk City Council (Mykolaiv oblast) adopted a media accreditation procedure which involved introducing a special card-based system of accreditation. The cards would be issued upon consent from the mayor and the deputy commission on legality and regulations.
5. Odesa security guards interfere with TSN correspondent's reporting from a shelling site
24.06.2024 Unknown security guards interfered with TSN special correspondent Serhiy Osadchuk's reporting from the site of the morning missile strike on Odesa on June 24, reports the regional representative of IMI in Odesa oblast.
According to the journalist, the security guard called himself the commander of the army unit guarding the premises.
"He said that he was ordered to have us move away to a safe distance because we could be in danger. Although that was the spot where a patrol police officer had led us when we arrived and asked us not to come closer. Two of these so-called security guards started interfering as we recorded the testimonies of eyewitnesses (warehouse workers). We argued with them and he said that they were doing community labor unlike us, who get paid. I said, well, if you're a volunteer, why aren't you on the front line. He suggested that we go there together," said Serhiy Osadchuk.
After some time, the security guards walked away elsewhere and no longer approached the TSN filming crew.
Local journalists received the army's permission to work at this civilian object in compliance with all safety regulations.
Later, Odesa media were able to identify the security guards as members of the public order formation ALMAZ, which, according to Opendatabot, was registered in June 2022.
CENSORSHIP, INFORMATION ACCESS
Censorship – 1
07.06.2024 Slidstvo.Info reports that they were asked to remove all references to problems with missing or incomplete fortifications in Kharkiv oblast from their material which was released on June 6.
The article in question is "Russian psyop or a political issue: soldiers forbidden to talk about fortifications in Kharkiv oblast."
Slidstvo.Info journalists spoke with servicemen of three different brigades of the Defense Forces which are holding back the Russian offensive in Kharkiv oblast. According to the article, the command had given some of them "a talk" and recommended not to discuss anything related to fortifications with journalists.
One of the soldiers interviewed by the journalists said: "They told us not to mention the fortifications, not to mention the offensive, not to mention the lost villages. Do not make anything public. They didn't explain it. They only said that we would be playing into the enemy's hands. And the fortifications are very bad, really very bad – everything has to be rebuilt."
As journalists learned from the soldiers:
- cases when soldiers had to complete the fortifications on their own are not isolated;
- some fortifications are missing or incomplete;
- there have been complaints about the built quality.
As Slidstvo.Info notes, the attempts to influence the team with regards to this material lasted three days.
"Namely they were asking us to remove all mentions of issues with missing or incomplete fortifications from the interviews. They tried to 'persuade' the journalists for three days. Moreover, this was done by representatives of different levels of command. Some of them appealed to the fact that fortifications are now a 'political issue', and the mention of specific units in this context may lead to 'pressure on them from above,'" the article says.
The editors say that in the end it is difficult to see the big picture with fortifications in Kharkiv oblast for several reasons. One such reason is that getting an official answer as to "How ready is the 'second line' of defense?" is impossible. The Support Forces say that such information could help the enemy.
"Journalists trying to report on the combat in Kharkiv oblast find themselves in a situation where they either have to keep silent about fortifications (which the soldiers themselves tell them about), or discuss these problems at risk of being banned from working in the area and causing problems for the soldiers themselves. In both cases, everyone loses. Because the issues remain, and the shifts in the front line are not in our favor," the article says.
In her comment to the Institute of Mass Information, Slidstvo.Info editor-in-chief Nastya Stanko reported that it was the military that tried to influence the media outlet, namely to have the featured soldiers' words about fortifications from the article.
Access to information for journalists – 1
1. Request by "Syla Pravdy" journalist is answered after intervention by the Human Rights Commissioner
26.06.2024 The Soshychne Village Council answered a request by Valentyna Kuts, a journalist with the Investigative Journalism Center "Syla Pravdy", after the journalist complained to the Verkhovna Rada Commissioner for Human Rights.
She wanted to know how much money the village councils were allocating to the needs of the Ukrainian Armed Forces in 2022 and 2023, reports the Investigative Journalism Center "Syla Pravdy".
The journalist submitted an information request back in February 2024 and received the answer in June, after an intervention by a representative of the Verkhovna Rada Commissioner for Human Rights.
As "Syla Pravda" reports, the journalist was requesting data on the money allocated for the Ukrainian Armed Forces and territorial defense units, as well as on the money allocated to units of the National Police, the State Emergency Service and other law enforcement agencies such as the Security Service of Ukraine or the Prosecutor's Office.
The Soshychne community refused to provide such information due to the war. The reply stated that they would only be able to provide the information after martial law is lifted. Valentyna Kuts contacted the Verkhovna Rada Commissioner for Human Rights. After that, the Soshychne Village Council provided the data.
INDIRECT PRESSURE
Financial pressure on the media – 1
1. Chernihiv communal TV channel considers plans to defund them as pressure
06.06.2024 The Chernihiv communal TV channel "Novy Chernihiv" considers the city’s military administration chair Dmytro Bryzhynsky’s intent to defund the channel as pressure on the media and a possible attempt to shut it down.
The channel published their statement on Facebook on June 5.
"The head of the CMA has made the unilateral decision to change the 2024 funding of the communal enterprise ‘Novy Chernihiv’. In the middle of the year, Bryzhynsky plans to reduce the funding by UAH 3 million 452 thousand. This sum, like the entire annual estimate, is only supposed to cover the protected expenditure items – the employees’ wages and utility services," the statement reads.
The channel noted that they had learned about Bryzhynsky's intentions to cut their funding from his June 4 social media post.
"Prior to this, the official did not meet or talk with the director of the channel: neither before making the post, nor (especially) after... We consider such actions, which have not been explained in any way, as attempted pressure on the channel and its work, which can possibly result in its closure. It is an alarming signal for us as journalists and for the city’s entire community, when attempts are made to arbitrarily ‘curtail’ the work of the city's TV channel in the near-frontline Chernihiv," the statement reads.
On June 4, 2024, the head of the Chernihiv city military administration, Dmytro Bryzhynsky, said that he had signed an order to amend the yearly budget to cut down the funding of the utility company "Television and Radio Agency Novy Chernihiv".
He said that the City Council has been using communal TV for PR and that the money should be allocated to the Ukrainian Armed Forces instead.
As the local IMI representative notes, there is a confrontation between the Bryzhynsky-led Chernihiv military administration and the Chernihiv City Council (run by the acting mayor Oleksandr Lomak since early 2023) regarding the distribution of the spheres of influence and the budget.
LEGAL PRESSURE
Other ways of legal pressure – 1
1. Court satisfies part of Khmelnytsky City Council official's lawsuit against Vsim.ua
17.06.2024 In late May, the Khmelnytsky District Court satisfied part of the lawsuit filed by the Khmelnytsky Deputy Mayor Vasyl Novachok against the local media outlet Vsim.ua. The court ruled that the information in the outlet's article was unreliable and violated the plaintiff's non-property rights to respect for honor, dignity and inviolability of business reputation. The court also ordered the publication to delete the article and retract the information reported in it in the same way in which it was distributed, and to formally apologize. The media outlet must also pay the plaintiff 5 thousand hryvnias in moral damages.
The chief editor, Maksym Faryna, reported this to the IMI representative in Khmelnytsky oblast, Alyona Bereza.
The judgement was passed on May 28; the court read aloud the introduction and concluding part of the ruling. The court wrote the full text of the decision on June 7 and released it to the public at the end of the business day on June 10.
Khmelnytsky City Council official Vasyl Novachok sued the local media outlet Vsim.ua for the article published in July 2023, titled "Novachok and a million hryvnias: the details of the budget embezzlement case", in which a team of four journalists reported that a case had been opened against some Khmelnytsky City Council officials.
In the article, the journalists also mentioned that the opening of the case was reported by another media outlet – the Independent Public Portal. In their material, the latter only listed the positions of the officials ivolved in the conspiracy, according to the investigation, but not their first or last names. At the same time, the outlet sued by the deputy mayor investigated the available information further, listed the names and surnames of the officials and of the deputy mayor, adding their photos.
According to chief editor Maksym Faryna, when their journalists took a comment from the official, they realized that his words about going to court applied to them, but they could not imagine that it would apply only to them, since they were not the only ones who reported on this case: there had been other media, online news outlets, newspapers, television.
IMI lawyer Roman Holovenko points out that the article is not fully balanced.
"The article is not completely balanced: Mr. Novachok's comment is included, but the perspective of the representatives of the two featured companies is not (and if they refused to comment, then it should have been noted). But here it is more a question of professional journalism standards, while in lawsuits the plaintiff focuses on the accuracy aspect of the article," says Roman Holovenko, a lawyer at the Institute of Mass Information.
At the same time, chief editor Maksym Faryna says that despite losing the first instance trial, he is sure that they did everything right, observing all standards. He sees no particular changes to their work. He added that in the future the editors will pay more attention to such materials.
It is clear from the ruling that the court satisfied almost all of the plaintiff's claims, except for one: the plaintiff asked for 500 thousand hryvnias, and the court settled on 5 thousand hryvnias.
"In view of all that has been said, taking into account the content of the article, the nature of the information reported by the defendant, which renders the latter's presumption of innocence null and void, the plaintiff's mental state caused by the defendant's actions, the court concludes that the presented demands may be satisfied, as well as the claim for moral redress in an amount that is sufficient and warranted – UAH 5,000. The very fact of satisfying the listed claims is an element of granting the plaintiff satisfaction and of compensation for the psycho-emotional distress," the Khmelnytsky City District Court's judgement reads.
The IMI lawyer Roman Holovenko believes that declaring the entire contested article by the media outlet as unreliable seems unreasonable, because the article almost always contains some factual statements that are not disputed by the parties to the case:
"The court should have noted exactly what information in the article it considers to be unreliable. And significantly reducing the amount of moral damages from the demanded sum (in this case – by 100 times) is a fairly typical case for the judicial practice in Ukraine," says Roman Holovenko.
Vasyl Novachok announced the court's judgement in a Facebook post the very next day in the evening. The official wrote that "the court ordered the Media Holding 'Vsim' to retract the information and apologize!"
"Perhaps everyone remembers that last July I was unjustly accused of crimes I did not commit. Then these fake news gained a lot of traction. As I promised, I filed a defamation claim with the court. Because I was completely sure I was in the right!" the official notes.
The media outlet disagrees with the judgement and is preparing an appeal. Maksym Faryna informed us about this:
"We will certainly be appealing. The appeal is already in the works and will be filed in the coming days." The chief editor believes the lawsuit had to do with the officials had some personal issues with their media outlet. According to him, this was suggested in the fact that their journalists have difficulties taking comments directly from this official and his subordinates.
An appeal may be filed within thirty days from the day the first instance court announces the judgement.
DEFENDING FREEDOM OF SPEECH
The authorities' response to freedom of speech violations – 3
06.06.2024 The Rivne District Administrative Court ordered the State Transport Safety Service of Ukraine (STSS) to provide "Syla Pravdy" journalist Olha Yuskovets with the requested information about the men who illegally left the country through the Shlyakh system.
The judgement was made on June 3, 2024, reports "Syla Pravdy".
Olha Yuskovets told the IMI representative in Volyn oblast that she had sent the request for access to public information on April 8, 2024. She was asking for copies of letters from the State Border Guard Service of Ukraine to the STSS regarding the draft-eligible citizens in the "Shlyakh" system who did not return to Ukraine within the prescribed deadline.
The journalist received the refusal on April 12. The service argued that the information includes the personal data of the drivers whose actions are currently being investigated by the police.
"This was my first time filing a lawsuit to obtain information. So, this is the first lawsuit against the information administrator and the first win," said Olha Yuskovets.
The court fully satisfied the journalist's lawsuit and declared the STSS's refusal to be unlawful.
"To order the State Transport Safety Service of Ukraine to provide copies of letters from the State Border Guard Service of Ukraine or its structural divisions to the State Transport Safety Service of Ukraine for the period from 24.02.2022 to 31.03.2024 regarding reports of Ukraine's citizens who were entered into the Shlyakh system based on submissions by legal entities or private entrepreneurs licensed for various types of freight transportation, overstaying abroad," the court's decision reads.
The journalist was assisted by the lawyers of the NGO Human Rights Platform, who provided legal support in the case.
On March 13, 2024 the Volyn District Administrative Court satisfied the claim by Oksana Petruk, editor of the Investigative Journalism Center "Syla Pravdy", against the state-owned company "Lisy Ukrainy". The court ruled that the company unlawfully withheld information about the Polissya Forestry Office staff list and the salaries of their officials from the public, refusing to answer a request.
2. Police opens investigation into Aydos Sadykov assassination attempt
18.06.2024 The Kyiv National Police HQ have begun a pre-trial investigation into the attempted assassination of the Qazaq journalist Aydos Sadykov, 56 (Part 2 of Article 15, Part 1 of Article 115 of the Criminal Code of Ukraine), reports the press service of the Kyiv City Prosecutor's Office.
According to preliminary information from the prosecutors, an unknown man with a gun ran up to the car where the victim and his wife were, shot at the man and ran away. The incident took place in the capital's Shevchenkiv district, not far from the couple's house. The victim and his wife, who is also a journalist, have been living in Ukraine since 2014 and have refugee status. The man is currently in a serious condition in the hospital.
The police are working to identify the attacker.
Earlier, an unknown person shot at Qazaq opposition journalist Aydos Sadykov in the Shevchenkiv district of Kyiv.
3. Death threats to war reporter Anna Kalyuzhna: Police opens case under two articles
20.06.2024 The police have opened proceedings over death threats to the war reporter Anna Kalyuzhna.
Anna reported this in a comment to IMI.
According to her, the proceedings were opened under two articles:
- preclusion of the legal professional work of journalists (Part 3 of Article 171 of the Criminal Code);
- threats to a journalist's loved ones (345-1 CCU).
Anna Kalyuzhna noted that she started receiving death threats following her criticism of a post by TV presenter Yanina Sokolova, who wrote that the battlefield "needs reserves urgently."
On June 19, 2024, war correspondent Anna Kalyuzhna said she had received death threats to herself and her parents. According to the war reporter, the threats were made after a conflict with an Assault Brigade No. 3 battalion commander Dmytro Kukharchuk.
The media community's response – 1
05.06.2024 The Media Movement demands that Ukraine's political leadership and military command dismiss Natalya Humenyuk from her new position and suspend her from any positions involving communications or public interaction with mass media on behalf of Ukraine's Defense Forces.
This is stated in the Media Movement's address to the Supreme Commander-in-Chief, President of Ukraine Volodymyr Zelensky, the Commander-in-Chief of the Ukrainian Armed Forces Colonel-General Oleksandr Syrsky, the Minister of Defense of Ukraine Rustem Umerov, and the chief of public relations of the UAF Ground Forces Command Volodymyr Fityo.
"Disregard for the opinion of the professional community and the public in matters of interaction between the military and the civilian press creates additional social tension. It also shows that the army's practices of arbitrarily hindering the work of journalists continue.
"A string of decision makers chose to keep Mrs. Humeniuk involved in military communications. Using their personal and internal connections, they consciously and deliberately decided to disgrace the opinion of the professional community, media audiences and citizens, calling into question the principles of democracy and freedom of speech for the sake of a misguided staffing decision," the address reads.
The Media Movement also demands that the political leadership and military command:
- Carry out a thorough investigation into the circumstances of this dubious decision and bring to justice the persons who were involved in Natalya Humeniuk's reinstatement in a position related to the UAF's public communications. This decision was adopted despite active protest from the professional community and the public, who demanded that Natalya Humeniuk be dismissed for obstructing the work of journalists in her area of responsibility.
- Revise the current rules regulating the work of the press centers of the OC "South" and the newly created joint press center "Tavria" (formerly OSG "Odesa" and OSG "Tavria"), whose work could be harmed by Natalya Humeniuk's appointment, and publicly report the results of such revision to the public and the media community. The Media Movement has stated in April 2024 that such a revision was needed so as to avoid excessive and arbitrary control and restrictions that hinder reporting and documentation of events that are critically important for Ukraine.
It was reported on June 5 that Natalya Humeniuk had been appointed the deputy director of the Joint Coordination Press Center of the Southern Ukraine Defense Forces.
On April 16, multiple media workers signed an address to the military command on Natalya Humeniuk's work.
The media workers said that Natalya Humeniuk was barring them from covering Russia's war crimes in the area she supervises. They demanded that the military command replace Natalya Humeniuk "with a more competent person and keep her out of communications management of any kind."
The journalists also demanded access to parts of the Kherson oblast.
The address was signed by the Ukrainian media association "Media Movement", as well as over 150 representatives of Ukrainian and foreign media outlets.
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