A
“
lmost four years after the Orange Revolution, significant problems still plague
Ukraine’s media sector. The Yushchenko administration has been vocal in its
support of independent media but ineffectual in pushing for much-needed reform
and legislation guaranteeing the rights of journalists.
Independent media continue to be the target of subtle and
sophisticated forms of censorship. Authorities target advertisers
who provide needed revenue to media outlets, while powerful
private interests use libel cases to punish journalists for
engaging in investigative reporting. With a widespread
financial crisis severely weakening the Ukrainian economy,
independent media face the threat of closure or consolidation in
the hands of politically connected oligarchs. Steps must be
taken quickly to create a viable public broadcasting system,
build the capacity of journalist associations, and develop regional centers to improve the
exchange of information and skills within the profession. Without urgent action, recent
gains in the liberalization of Ukrainian society could be set back indefinitely.
—Ihor Lylo, January 29, 2009
”
The Future of Independent Media in Ukraine
Ihor Lylo
Reagan-Fascell Democracy Fellow
International Forum for Democratic Studies
National Endowment for Democracy
Washington D.C.
January 29, 2009
The 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.
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
Types of Media in Ukraine
Type of Media
Pros
State-funded



National reach
Best infrastructure
Established audience base
Private



Local / Community
Internet
Cons


Poorly funded
Lack of trained specialists
Modern, adaptive, and dynamic
Large advertising revenues
Able to attract professionals


Owners have affiliation with political
parties
Lack of objectivity

Conveys vital, unfiltered information
directly to consumers


Meagerly funded by local budgets
Minimal reach and impact



Low operational costs
Independent ownership
Credible source of information


Computer access low
Limited reach
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.
Confidence in the Press
80
70
60
50
Somewhat or Completely Trust
40
Somewhat or Completely Distrust
30
Difficult to Answer
20
10
Source: Razumkov Center
Margin of Error: 2.3%
Mar-08
Nov-07
Jul-07
Mar-07
Nov-06
Jul-06
Mar-06
Nov-05
Jul-05
Mar-05
Nov-04
Jul-04
Mar-04
Nov-03
Jul-03
Mar-03
Nov-02
Jul-02
Mar-02
Nov-01
Jul-01
Mar-01
Nov-00
Jul-00
0
Trust in Various Professions
Teacher
81.3
13.8
Soldier
66.9
Priest
65.6
22.9
Lawyer
65.8
23.3
23.4
Somewhat or Completely Trust
Journalist
58.7
Policeman
33.8
36.6
Banker
53.3
18.7
Prostitute
Source: Razumkov Center
Margin of Error: 2.3%
73.2
8.4
0
Difficult to Answer
56.5
33
Politician
Somewhat or Completely Distrust
75.4
20
40
60
80
100
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
History of Public Broadcasting Legislation
Year
Action Taken
1997
Draft legislation passed by Parliament; vetoed by President Kuchma
2000
Draft legislation passed by Parliament; vetoed by President Kuchma.
2005
Draft law fails on second reading, never reaching President Yushchenko.
2007
Declaration on Mutual Cooperation is signed by heads of regulatory bodies.
2008
President Yushchenko signs decree on need for public broadcasting.
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