Draft bill #12111 of October 10, 2024 

Status: sent for review to the Committee on Humanitarian and Information Policy 

Cosponsors: a group of 12 MPs from the factions Servant of the People, Holos, and European Solidarity and the For the Future group with Mykyta Poturaiev as the first signatory 

Who is affected: citizens of Ukraine, media groups, radio and television, printed and online media, providers of audiovisual services and video sharing platforms, journalists, advertisers, members of the National Council of Television and Radio Broadcasting, state bodies and local governments, and public associations and organizations in the media sphere 

Summary: 

General provisions: 

  • it will be allowed to change the Law on Media only via the adoption of a special law specifically amending this law 
  • the coverage areas for individual channels will be approved not by the National Council of Television and Radio Broadcasting (hereinafter — the National Council), but by the Regulator of Communication Services 
  • the following additional restrictions for members of supervisory boards and heads of local media will be introduced: 
    • they will not be allowed to be local councilors 
    • heads of local media will not be allowed to have another job, including volunteer jobs 
  • teaching, scientific, creative work, medical, coaching, and sports judging activities will be permitted. However, such additional work cannot be performed for the same media company 
  • technical details of registration and licensing procedures will be clarified 
  • if there are changes in the ownership of a media company and it has a new main owner as a result (or, in the case of linear media, if key participants or owners of significant shares change), the company will have to submit a respective application to the National Council within 45 working days 
  • a new ground for refusal to register a media will be introduced — if the National Council receives information that a court decision in a criminal case against the applicant media, its head, and/or ultimate beneficial owner has come into force and implies restrictions or bans on media activities 
  • the deadline for submitting an application for media registration via the electronic cabinet will be extended. Media intending to disseminate foreign linear content in Ukraine will have to submit an application within 60 days (instead of 30 days), before starting broadcasting 
  • a company operating in the media sector will have the right to obtain complete information about itself from the Register at any time. This information will be available via the electronic cabinet or provided by the National Council as an extract from the Register 
  • printed media will only need to send copies of their publications to the National Council upon request, rather than by default (as they currently do) 
  • the provision that members of the Supervisory Board of the Public Broadcasting Company of Ukraine (Public Broadcaster) are not supposed to be paid for their work will be removed 
  • the bill resolves the conflict regarding the organization of competitions for public broadcasters. In particular, the Public Broadcasting Company of Ukraine will not be required to pay a competition guarantee. 

Work of the National Council: 

  • the National Council will be independent not only from state bodies and local governments but also from state, municipal, and private enterprises, institutions, and organizations, as well as their officials 
  • political parties and public associations, enterprises, institutions, and organizations, as well as their officials, will not be allowed to influence the work of the National Council 
  • if the head of the National Council is absent or unable to perform their duties, their responsibilities will be assumed by the First Deputy Head or Deputy Head 
  • the National Council will send copies of its decisions and notifications to media companies via their electronic cabinets. Upon request, media companies will also have the option to receive certified paper copies of the decisions 
  • the Verkhovna Rada will appoint a new member of the National Council based on the results of a competition. The procedure will be conducted no later than three months after the expiration of the previous member’s five-year term or a decision about their early dismissal. If several members’ terms end on the same day, competitions will be held for all positions simultaneously 
  • the Verkhovna Rada of Ukraine will dismiss a member of the National Council by open voting with a majority of votes from its constitutional composition. After this, a corresponding decree about the dismissal will be issued 
  • the decree dismissing a member of the National Council due to the expiration of their term will be passed by the Verkhovna Rada at the next plenary session held before the day of the expiration. 

Joint regulation in the media sphere: 

  • the scope of joint regulation will also include the development of recommendations on the responsible use of artificial intelligence by the media 
  • joint regulatory bodies will be formed in the form of public associations. 

Monitoring and responsibility: 

  • if a media company does not use technology or type of broadcasting specified in the Register within three months or does not comply with the registered territorial category, the National Council will conduct official monitoring to identify violations. Monitoring will have to document at least three violations during the specified period, last no less than one day, and cover the first and last day of this period 
  • the time during which a media company has to pay a fine will be reduced from 60 to 45 days. This period will start from the day the decision to fine the company is published on the National Council’s official website 
  • the provision regarding fines for significant violations ranging from 35,500 to 71,000 UAH for online media will be removed 
  • if a registered media company fails to comply with five warnings issued by the National Council regarding discrepancies in the data in the Register provided by a company within six months, the National Council will revoke the registration of this legal entity 
  • printed media will not be allowed to disseminate schedules of television and radio programs from the aggressor state 
  • if the Verkhovna Rada or the President establish additional restrictions related to commemorating those who died during the aggression, radio and television will have to comply with these requirements. 

Transitional provisions: 

  • until new broadcasting rules for memorial days are approved, the National Council in cooperation with the joint regulatory body will apply the rules already developed and approved for such days 
  • prior to the launch of the electronic cabinet, the National Council will send copies of its decisions and other notifications to media companies by mail or to the email address contained in the Register 
  • licenses obtained before the new law comes into force will become invalid after registration or one year after the law comes into force. If the media company does not register on time, the National Council will exclude it from the Register 
  • during the state of war, funding and payment of salaries for members of the National Council and the salary rates for civil servants in its apparatus will be determined based on the following principles: 
    • funding for the National Council will be provided from the budget appropriations for the respective year 
    • the salary of a member of the National Council will be set at 105,980 UAH. The salary of the head of the National Council will be calculated with a 1.2 coefficient (127,176 UAH). The salary of the first deputy head, deputy head, and chief secretary will be calculated with a 1.1 coefficient (116,578 UAH) 
    • the salaries of civil servants in the apparatus of the National Council will be calculated in accordance with the Law on Civil Service 
  • after the reorganization of the municipal broadcasting organization into a local public audiovisual media, the media company will have to inform the National Council about the transformation within 10 days 
  • the Law on Administrative Procedure and the Law on Legislative Activity will not apply to the media sphere 
  • the provision that requires registration of the acts by the National Council with the Ministry of Justice will be removed 
  • the Law on Temporary Broadcasting Permits in the Zone of the Anti-Terrorist Operation and Border Areas of Ukraine will no longer be in effect 
  • after the law comes into force, all certificates of state registration of subjects of information activities issued under the Law on Television and Radio Broadcasting will cease to be valid. That is, old registration documents will become invalid 
  • the Cabinet of Ministers will have to approve the composition of the Supervisory Board of the national information agency Ukrinform within six months. 

What is right: 

  • clarified registration and licensing procedures 
  • definition of the procedure for appointing members of the National Council by the Verkhovna Rada 
  • guarantees of independence for members of the National Council introduced by setting their salary rates in the law 
  • removal of the requirement for printed media to send copies of all their materials to the National Council 
  • addition of the development of recommendations for the responsible use of artificial intelligence by the media to the scope of joint regulation 
  • obligation to approve the composition of the Supervisory Board of Ukrinform. 

Background information: on December 13, 2022, the Verkhovna Rada passed the Law on Media, which was signed by the President on December 29. The adoption of this law was one of the requirements for Ukraine’s accession to the European Union. The law came into effect on March 31, 2023. Among the innovations of the law were the expansion of the powers of the National Council of Television and Radio Broadcasting. It also established a new type of relationship between media and state bodies: joint regulation. According to some estimates, full implementation of the law may take up to 10 years.