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Ihor LyloReagan-Fascell Democracy FellowInternational Forum for Democratic StudiesNational Endowment for DemocracyWashington D.C.January 29, 2009The views expressed in this presentation represent the analysis and opinions of the speaker and do not necessarily reflect those of the National Endowment for Democracy or its staff. The Future of Independent Media in Ukraine
Introduction “Were it left to me to decide whether we should have a government without newspapers, or newspapers without a government, I should not hesitate a moment to prefer the latter.” Thomas Jefferson
Media in Early Post-Independence Ukraine • Explosion of new media ventures capitalizing on newly acquired freedom of speech • Obstacles and setbacks to the consolidation of independent media quickly emerged • Lack of trained journalists • Legacy of Soviet structures and practices of journalism • Early forms of editorial self-censorship that restricted the selection and pursuit of stories
The Kuchma Regime (1996-2004) • Consolidation of a “party of power” • Rise of the ‘oligarchs’ as political and economic forces in the country • Gradual weakening of independent media and basic political liberties
Types of Pressure on Journalists • The use of ‘temnyky’ • Informal ‘instructions’ issued from the Office of the President to media outlets that dictate the type of stories and content to run • Tax inspections and undue licensing regulations • Authorities regularly shut down opposition outlets or refused to grant licenses to journalists accused of criticizing the regime • Violence and intimidation Georgiy Gongadze (1969-2000) Ihor Oleksandrov ( -2001)
Media during the Orange Revolution • Internet news sites, such as ‘Maidan’ and ‘Ukrainska Pravda,’ provided citizens with objective information about the electoral process. • The media landscape was itself dramatically revolutionized by the success of Internet-based journalism. • Several owners capitulated to the rising tide of opposition, unlocking television and radio stations from the grip of oligarchs • Expectations were high that the new President Yushchenko would work to strengthen independent media
Problems Facing Independent Media • Continuing pressure from state authorities • Vulnerability of journalists to libel cases • Corruption and loss of public trust • Regional divisions and conflicting sources of information
Continuing Pressure from State Authorities • Authorities target advertisers to block sources of revenue to private media outlets • Investigations of state corruption are often obstructed or delayed by officials • Although a Freedom of Information Act exists, a lack of enforcement prevents journalists from accessing records. • Violence committed in the past against journalists has gone unprosecuted.
Vulnerability of Journalists to Libel Cases • Journalists often face libel and slander cases that deter investigations and coverage of illicit activities. • ‘Libel Tourism’ to the United Kingdom • Rinat Akhmetov and the case against the website “Obozrevatel” and the newspaper Kiev Post • Journalists lack the legal knowledge to protect their rights and fight the cases against them.
Corruption and the Loss of Public Trust • The use of ‘jeans’ as the successor to ‘temnyky’ • Authorities and political parties now pay for material to be published and/or broadcast without any disclosure rules. • Private owners display strong allegiance to political parties and ideologies • News content may become distorted according to the dictates of owners.
Regional Divisions • Lack of unity due to linguistic and cultural differences across the regions of Ukraine • Residents consume information in Russian, Ukrainian, and English depending on their location • The origin of each media source affects its content as well as may contribute to increased fragmentation of society • The 2008 Russia-Georgian conflict • Recent spat over gas supplies between Russia and Ukraine
Recommendations • Create a viable public broadcasting system • Build the capacity of independent journalist associations • Educate journalists on media law and protecting their rights • Establish centers to increase cooperation and exchange information between local, regional, and national media • Promote the use of the Internet as an alternative to dependence on state and media owners • Strengthen university-based media outlets
Other Obstacles and Remaining Questions • The death of Alexander Kryvenko, President of Ukrainian Public Radio • Who will choose the leadership of the station? • Where will the resources and finances come from to equip the new body? • Should the state-run television be liquidated to make room for a public broadcaster?
Public Broadcasting Recommendations • Governing council is established to choose management of public broadcaster • 8-12 representatives elected to five-year terms • Nomination slots allotted to Office of the President, political parties, civil society organizations, and journalist associations • Budget allocated and guaranteed by Parliament, but administered solely by broadcasting management • Tax levied on citizens to fund programming • Oversight enforced by watchdog civil society organizations to ensure the absence of political influence
Develop Existing Associations of Journalists • Low penetration and efficacy of journalist associations • Associations must develop capabilities in the following two areas: • Increased lobbying power to influence legislation on information, media, and revealing sources (shield law) • Greater attention paid to exchanging experience and investigative skills through cooperative professional activities
Media Law and Protecting the Rights of Journalists • Run trainings and educational programs on Ukrainian media law for both young and experienced journalists • Expand the ‘Association of Media-Lawyers of Ukraine’ to provide better assistance to regional and local journalists • Create a fund to assist journalists seeking legal aid when confronted with libel cases
Centers for Cooperation and Information Exchange • The media market in Ukraine is currently dominated by national players. • Greater links must be developed between local/ regional journalists and those working in larger cities
Assistance to Internet-based Journalists • Create websites that encourage ‘citizen journalists’ to submit original investigations on social and political subjects (break the monopoly of oligarch-controlled media) • Support internet education in schools and universities • Promote ventures designed to translate and distribute information from foreign media outlets • Encourage the use of internet forums, blogging, and social networking technologies as additional avenues for public discussion and debate
Promotion of University-based Media Outlets • Raise the profile and quality of university media as more independent sources of information • More professional exchanges and programs to train both students and educators of journalism • Establish networks of university newspapers and radio stations representing each region of Ukraine
Conclusion • The changing media landscape and market in Ukraine • Growth in Internet access • Effect of financial crisis on ownership and viability of media outlets
