You're reading: Criminal liability for psychological violence against journalists may be established

The Ministry of Culture and Information Policy of Ukraine initiates the establishment of criminal liability for intentional systematic psychological violence against a journalist, in particular, on the Internet.

As reported on the website of the Ministry of Culture and Information Policy, the corresponding draft law On Amendments to the Criminal Code of Ukraine on Strengthening the Protection of Journalists has been submitted for public discussion.

In particular, this draft document is supposed to expand and clarify a number of articles of the Criminal Code, which relate to the protection of journalistic activities.

Thus, the new version of Article 171 of the Criminal Code suggests that for an illegal demand, seizure, destruction of information collected, processed, prepared by a journalist, including an unlawful requirement to disclose sources of information or information that makes it possible to establish a source [which did not exist before], seizure of technical means that he or she uses in connection with his professional activities, the illegal prohibition of covering certain topics, showing individuals or disseminating information about them, criticizing the subject of power, as well as any other deliberate obstruction of the journalist’s professional activities, will be punished with a fine of up to 50 non-taxable minimum incomes of citizens or arrest for up to six months, or restraint of liberty for up to three years.

The article also introduces a new norm that determines that the deliberate systematic implementation of psychological violence against a journalist, including on the Internet, will be punished with a fine of up to 200 non-taxable minimum incomes of citizens or arrest for up to six months, or restraint of liberty for up to four years.

In addition, all subparagraphs of Article 345-1 (threat or violence against a journalist) are proposed to be supplemented with the phrase “including in the past”.

Among other things, the bill proposes to regulate that the status of a journalist or his affiliation with a television and radio organization, news agency, or editorial office of a print media outlet is confirmed by an editorial or service certificate or other document issued by the said entities or the professional and creative union of journalists.

It is also proposed to determine that confirmation of the journalist’s collection, receipt, creation, distribution, storage of information on certain topics in the interests of a broadcasting organization, news agency or editorial board of a print media does not require him or her to have a written order (editorial assignment, etc.)

Also, it is assumed that film and television cameramen, directors, photographers, photojournalists and other persons are considered to be journalists if they are members of creative groups (drivers, translators).