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National Council to contest cancellation of fine imposed to “Inter” TV channel for 9 of May concert

08.07.2019, 17:37
The National Council on TV and Radio Broadcasting is going to interpose an appeal against the ruling of the District economic court in Kyiv to cancel the fine in amount of 4 million 46 thousand of hryvnias ($153 thousand) imposed to Inter TV channel for incitement to hatred by broadcasting the concert dedicated to the Victory Day “Victory. One for all” on May 9, 2018, as to “Detektor Media” citing Ulyana Feshchuk, deputy head of the National council. IMI reported On June 26, the District administrative court in Kyiv ruled for the Inter TV channel and dismissed the claim of the National council on television and radio broadcasting. Thus, the judges cancelled the fine of 4 million 46 thousand UAH (around $153 thousand) imposed to Inter TV channel for incitement to hatred by broadcasting the concert dedicated to the Victory Day “Victory. One for all” on May 9, 2018. The fine equal to 25% of the license fee had been imposed by the National council on television and radio broadcasting by its order dated of July 17, 2018 based on the results of the unscheduled inspection of the “Inter” TV channel. The respective court decision was issued on July 2 in the National register of judicial decisions, as Detector Media reported. The judges did not take into account the conclusion of the Independent Media Council, which sees an incitement to hatred in the words of the anchorpersons of the concert. The court independently analyzed the dialogue of the anchorpersons Anastasia Daugulye and Andriy Domansky, which the National Council considered as such that violated ban to foment the war or to propagate and / or to incite to national, ethnic or religious hatred and hostility. The judges settled that there was nor appeals and incitement to hatred, neither propaganda of the aggressor state. They estimated that the discourse of anchorpersons had some evaluative judgments. The TV channel is not responsible for the words of the anchorpersons who are not its full-time employees. The judges ruled as well that the National Council must not hinder the freedom of expression. The court considered that the regulator of the TV and radio space creates “conditions for  censorship and appropriation of information regarding the coverage of historical events in Ukraine.” Referring to the principles of the Council of Europe on the activities of the media, the court noted that the National Council “during the inspection assessed the discourse of the anchorpersons in a  biased way and failed to take into account all the factors, the diversity of public opinion, etc.”. IMI informed, on May 8, 2018, excerpts from the concert for May 9, 2018 which were posted online prompted criticism of Internet users due to the words of the anchorpersons who told the streets in Ukraine cities were renamed after “the names of fascist criminals”. On May 8, 2018, the National Council for Television and Radio Broadcasting called to stop the attempts to split the country after the making public of the video reel of the TV channel “Inter” concert before the Victory Day on May 9. On May 9, 2018, a protest was organized by the “National Corps” political party. Its activists demanded that the Inter TV channel should cancel the broadcast of the “Russian product in the best traditions of Russian propaganda”, concert for the Day of Remembrance and Reconciliation. On May 9, 2018, activists of the “Free People” network picketed the office of “National Information Systems” company, which produces news for “Inter”, they protested against the broadcast of the concert “Victory. One at all “under the slogan” Inter – to the cemetery “. On May 9, 2018, in the evening in Kyiv in the Shchusev street, in a building where the news production of the TV channel “Inter” is located, Molotov’s cocktail was thrown On May 10, 2018, the National Council for Television and Radio Broadcasting analyzed the broadcast of the TV channel “Inter” on May 9, verifying whether the law was violated. On July 11, 2018, the National Council fined “Inter” for 4 million 46 thousand UAH for stirring up hatred by broadcasting the concert to the Victory Day “Victory. One at all. ” The channel appealed the court decision. On March 21, 2019, the Independent Media Council noted that it considered the Inter TV channel had violated the ban to foment national animosity and hatred by broadcasting the concert dedicated to the Victory Day, its anchorpersons made a stands against the commemoration of those whom they consider to be “fascist criminals” in Ukraine.
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