On January 16, the Facebook account “Information-Analytical Union” disseminated information claiming that a new law in Ukraine requires online media to delete negative comments about politicians. It also says that online media that do not delete negative comments about politicians from social networks within three days will be fined.
Information about the law requiring the deletion of negative comments is being spread manipulatively. The law, which has been in effect since 2022, does not obligate online media to delete negative comments. It concerns comments that contain unconstitutional, violent, or other illegal calls. If media outlets do not remove such comments based on the conclusion of a relevant authority or a justified complaint, they share responsibility for the content.
After a seven-month discussion, the Ukrainian Parliament approved amendments to several laws. The draft law envisages changes to the media and information freedom laws.
The amendment introduced by the draft law concerns the Ukrainian law on media (ЗАКОН УКРАЇНИ Про медіа), which was adopted in 2022. The law’s preamble states that the purpose of the law is to ensure the exercise of the right to freedom of expression, the right to receive diverse, reliable, and timely information, to ensure pluralism of opinions, and free dissemination of information, and to protect Ukraine’s national interests and the rights of media consumers. It also regulates the activities in the media sector with regard to the principles of transparency, fairness, and impartiality. In addition, the media law defines the legal status, and procedure for the formation, activities, and powers of the National Council of Ukraine on Television and Radio Broadcasting.
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What does the media law say about deleting comments?
The articles of Ukraine’s media law define what type of information is restricted in journalistic materials. The most comprehensive explanation is found in Article 36: the law restricts the dissemination of materials by media and video platforms operating in Ukraine that contain calls for violent change, the overthrow of the constitutional order, war or armed conflict, violations of Ukraine’s territorial integrity, or actions aimed at undermining Ukraine’s independence. It also restricts statements that incite hatred among individuals or certain groups on discriminatory grounds. Additionally, the regulation applies to media outlets whose materials contain calls for terrorism. The law specifies how children’s rights should be protected and how information related to armed conflicts should be reported. Notably, Ukrainian media is also restricted in producing programs or materials that feature individuals listed as threats to national security.
The media law also contains provisions regarding the deletion of comments. Such provisions are found in Article 117, which defines the cases in which media organizations and their employees are exempt from liability. Specifically, the media is not liable for the dissemination of information on its platforms if:
- The media is not the primary source of the information, the content has been reproduced unaltered from another media outlet, and the source is cited.
- The information has been obtained in compliance with Ukrainian laws.
- The information was published on government websites and the media obtained it from government bodies, including through written communication.
- The information is a verbatim reproduction of public speeches or messages of legal entities, government bodies, local authorities, their officials and employees, Ukrainian members of parliament, or candidates for elected positions.
- The information is a state secret that was illegally obtained.
- A court has determined that the published information is socially necessary.
The fourth paragraph of this article specifically addresses comments on online media posts. According to the provision, online media entities are liable for the content users leave in the comments section of their journalistic materials. However, they are exempted from liability if the media deletes the comment within three days based on a conclusion from the National Council of Ukraine on Television and Radio Broadcasting. Media is obligated to delete a comment only if it contains disinformation or information covered by Articles 36, 42 (Protection of Children), or 119 (Restrictions on the content of information in the media related to armed aggression) of the media law.
None of the articles mentioned address negative comments about politicians, and no such provisions are found in the sections concerning media responsibility.
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What changes were made regarding the moderation of comments in Ukrainian law?
The draft law, which the Ukrainian Parliament supported on January 14, includes several amendments to the media law, with one provision specifically addressing comment moderation. In particular, according to the addendum, media outlets are obligated to delete certain comments not only upon a decision of the National Council on Television and Radio Broadcasting. The obligation to delete a comment may be applied to media after judicial proceedings on the matter have been initiated. The new addendum to the law is as follows:
“In the fourth paragraph, after the words ‘or the decision of the National Council,’ the words ‘or decisions following the opening of relevant judicial proceedings’ shall be added.”
The new additions to the law were explained by opposition MP Yaroslav Yurchyshyn, the head of the Parliamentary Committee on Freedom of Speech. According to the MP, the responsibility of media regarding comments changes with the detail that a complainant can now appeal both to the National Council on Television and Radio Broadcasting and to a court. These bodies will review whether the content violates the media law and determine what action should be taken to regulate it. “If it concerns comments or an unmoderated part, [the National Council of Ukraine on Television and Radio Broadcasting] may recommend deleting the comment, and that’s where it ends. If the material is not deleted, the media agrees with the user’s comment or position, and a legal process begins, where the complainant must prove that this is the media’s position,” said the MP.
Additionally, the Ukrainian Institute for Mass Information clarified that the draft law No. 11321 does not impose new obligations on media for comment moderation. This responsibility has been in place for Ukrainian media since 2022. The Institute notes that media is required to delete comments that contain illegal calls in order to avoid liability for the content.
Since Russia’s full-scale invasion of Ukraine in 2022, false information about Ukraine has been actively spreading on social media. The Myth Detector has previously debunked numerous manipulative and disinformation claims about Ukraine, its military, and its politicians.
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