Unofficial transfer (c) Soyuzpravoinform LLC
of December 13, 2022 No. 2849-IX
About media
This Law is aimed at providing realization of right to liberty of expression of opinion, right to versatile, reliable and operational information, at ensuring pluralism of opinions and freeware distribution of information, at protection of national interests of Ukraine and the rights of users of media services, regulations of activities in the field of media compliance with the principles of transparency, justice and impartiality, stimulation of competitive environment, equality and independence of media and determines legal status, procedure for forming, activities and power of National council of Ukraine concerning television and broadcasting (further - National council).
1. In this Law terms are used in the following value:
1) audiovisual media - media service which basic purpose or the isolated part of which is provision of general audience of access to programs is performed with the information, entertaining or educational purpose under editorial control of the subject in the field of media by means of electronic communication networks, namely: television broadcasting (linear audiovisual media service) or audiovisual media service to order (nonlinear audiovisual media service) broadcastings (linear audiomedia-service) or audialny media service to order (nonlinear audiomedia-service);
2) multichannel electronic communication network – the electronic communication network intended for provision of audiovisual media services capable to provide simultaneous broadcasting more than one TV channel or radio channel with use or without use of radio-frequency range can be also integrated with other electronic communication networks;
3) leading (announcer) of the program – the person which in shot or out of shot provides informative realization of the creative intention providing at least one:
process control of realization of creative intention by other participants of the program;
combination of elements of the program;
maintenance of the course of the program explanation, declaration of rules or results.
Leading (announcer) of the program performs activities based on employment, civil or other relationships with the subject in the field of media or with other person providing creation or production of the program including by request of the subject in the field of media;
4) decisive influence on management or activities of the legal entity – the direct and/or mediated ownership of one person independently or together with other persons shares, share in the authorized capital or voting powers according to shares, share in the authorized capital of the legal entity in the amount of 50 and more percent and/or possibility of implementation of such influence, independent of formal ownership, on management or activities of the legal entity;
5) this, not subject to publicity, - data on physical person, is confidential information, namely: birth date, number and (in the presence) passport series (or other identity document and according to the legislation of Ukraine it can be used in the territory of Ukraine for the conclusion of transactions), place of residence or the location, contact information (phone, e-mail), registration number of accounting card of the taxpayer (in the presence), unique number of entry in the Unified state demographic register (in the presence);
6) the state aggressor (state invader) - the state recognized by the Verkhovna Rada of Ukraine the state aggressor or the state invader;
7) state body - public authority, including collegiate state body, other subject of the public law regardless of availability of the status of the legal entity to which according to the legislation powers are conferred to perform imperious managerial functions which jurisdiction extends to all territory of Ukraine or to separate administrative and territorial unit on behalf of the state;
8) permission to temporary broadcasting - the decision of National council granting the right on the out-of-competition beginnings to perform temporary broadcasting for up to one year according to the procedure and on the conditions determined by this Law;
9) printing media – media, the performing distribution of information in text or visual form on printing carriers which is the same drawn up is published through certain periods within year – in process of approach of the corresponding period or accumulating of material;
10) electronic office of the subject in the field of media (electronic office) - the software mediating carrying out licensed and registration actions, and also providing communication between National council and subjects in the field of media, integrated with the official website of National council and the register of subjects in the field of media;
11) the European studio vendor - the studio vendor registered or otherwise legalized in one or more member states of the European Union or the states which are the party of the European convention on cross-border television;
12) the European product - the audiovisual works answering at least to one of the following conditions:
1) come from the member states of the European Union or the states which are the party of the European convention on cross-border television, i.e. made (created) mainly the authors and workers who are citizens of such states on condition of observance at least of one of the following requirements:
a) the audiovisual works which are directly made (created) by one or several European studios vendors;
b) production of audiovisual works is performed under observation and controlled by one or several European studios vendors;
c) the general contribution of the European studios vendors to financing of coproduction of the audiovisual work constitutes more than 50 percent, at the same time the studios vendors registered in the states which are not members of the European Union or the party of the European convention on cross-border television do not exercise control over such coproduction;
2) the audiovisual works of coproduction created within the agreements signed between the European Union and the third states if they meet the requirements determined by such agreements and provided that the audiovisual works coming from member states of the European Union are not exposed discriminatory measures on sides of such third countries;
3) the audiovisual works made within bilateral agreements about coproduction between member states of the European Union and the third states provided that studios vendors of member states of the European Union undertake the prevailing coproduction total share of costs at the same time the studios vendors registered in the states which are not members of the European Union do not exercise control over such coproduction;
13) foreign broadcasting - broadcasting to the territory outside frontier of Ukraine;
14) considerable influence on management or activities of the legal entity – the direct and/or mediated ownership of one person independently or together with other persons shares, share in the authorized capital or voting power according to shares, share in the authorized capital of the legal entity at the rate from 10 percent to 50 percent and/or possibility of implementation of such influence, independent of formal ownership, on management or activities of the legal entity;
15) identification data – the data set allowing to identify unambiguously the personality namely:
for physical person - surname, name and middle name (in the presence), birth date, number and (in the presence) passport series (or other identity document), data on nationality, the residence, registration number of accounting card of the taxpayer (in the presence), unique number of entry in the Unified state demographic register (in the presence);
for the legal entity – the resident – full name, the location, identification code according to the Unified State Register of Legal Entities, physical persons – entrepreneurs and public forming;
for the legal entity - the nonresident - country of incorporation, full name, the location, registration number according to the trade, bank or judicial register of foreign state in which the legal entity is registered;
for trust or other similar legal education, not being the legal entity, - full name, the country of the basis, the location, identification number (in the presence) which the nonresident uses in case of submission of tax declarations and other tax deeds to tax authorities in the state which resident it is;
16) essential participation - immediate or indirect possession by one person independently or together with other persons in 10 and more percent of the authorized capital or voting powers, shares (shares, shares) in the subject in the field of media or possibility of considerable influence, independent of formal ownership, on management of such subject. Person is recognized the owner of the mediated essential participation irrespective of, it exercises control of the direct owner of essential participation in the subject in the field of media or control of any other person in chain of ownership of corporate laws of such subject. The physical person is not owner of essential participation if it is only agent, the nominee holder (the nominal or incorporated trustee) or only the intermediary concerning such right;
17) the channel of multichannel electronic communication network – the selected segment of multichannel electronic communication network within which one TV channel or one radio channel extends;
18) broadcast channel – set of technical characteristics, means of electronic communications and constructions, created (used) for the purpose of broadcasting or relaying of one program of the organization of broadcasting;
19) the directory of programs - set of the programs selected and organized by appropriate subject in the field of audialny or audiovisual media by request on certain structure;
20) the final beneficial owner – any physical person exerting decisive impact (control) on activities of the subject in the field of media.
Final beneficial owner is:
for legal entities – any physical person exerting decisive impact on activities of the legal entity (including through chain of ownership of corporate laws);
for the trusts formed according to the legislation of the country of their education - the founder, the incorporated trustee, the defender (in the presence), the beneficiary (beneficiary) or group of beneficiaries (beneficiaries), and also any other physical person, on condition of implementation by such persons (person) of the solving influence on activities of the Trust (including through chain of ownership of corporate laws);
for trusts in which the installer, transferring property to trust, completely loses control over trust property, possibility of direct or indirect impact on management process and orders it and the right to any information on the quantitative and high-quality list of trust property, except its total cost, - the person to which the corresponding control and the rights are ceded;
for other similar legal educations – person having the status equivalent or similar to the status of persons specified for trusts.
Person who is beneficiary (beneficiary) or enters group of beneficiaries (beneficiaries) of trust is not final beneficial owner, or is beneficiary of discrete trust or other trust education if at such person are absent control over trust property, possibility of the direct or mediated influence on process of management and orders of such property and the right to provide instructions, obligatory for accomplishment, concerning income distribution. On condition of presentation of persons specified in this paragraph as the beneficial owner (beneficiary) or the beneficiary of discrete trust, concerning such trusts (trust educations) by the final beneficial owner can be trust (the trustee who controls and manages trust only for the benefit of persons specified in this paragraph.
Sign of implementation of direct decisive impact on activities is direct ownership of physical person in the amount of at least 50 percent of the authorized (share) capital or voting powers of the legal entity.
Sign of implementation of indirect decisive impact on activities is ownership of shares of physical person in the amount of at least 50 percent of the authorized (constituted) capital or voting powers of the legal entity through connected physical persons or legal entities, trusts or other similar legal educations or implementation of decisive influence by realization the right:
control, ownership, use or order all assets or their share;
receipt of the income from activities of the legal entity, trust or other similar legal education;
decisive influence on forming of structure, results of vote of governing bodies;
transactions, the main conditions of economic activity of the legal entity or activities of trust or other similar legal education allowing to determine;
make the decisions, obligatory for execution, having decisive influence on activities of the legal entity, trust or other similar legal education irrespective of formal ownership.
At the same time person having the formal right to 50 or more percent of the authorized (share) capital or voting powers in the legal entity but which is the commercial agent, the nominal owner or the nominee holder, or only the intermediary concerning such right cannot be the final beneficial owner;
21) the key member of the subject in the field of media - any physical person directly or indirectly owning 2 and more percent of corporate laws of the subject in the field of media, at the same time:
if the legal entity has more than 20 participants - physical persons, key participants are 20 participants - physical persons which shares are the greatest;
if packets of corporate laws of the legal entity, identical by the size, belong to more than 20 participants - physical persons, key participants are all physical persons having 2 and more percent of corporate laws of such legal entity;
it is considered that the public company has no key participants;
22) control – possibility of implementation of decisive influence on management and/or activities of the legal entity;
23) the user - any physical person or legal entity using, receiving or consuming media services for satisfaction of own information needs (without the purpose of profit earning or conducting the related economic activity);
24) the user video – set of moving images with sound or without sound, constituting separate unit irrespective of duration, was created by the user and loaded by it or other user on platform of general access to video;
25) chain of ownership of corporate laws - information on the list of key members of the subject in the field of media including information on key participants of the first and each subsequent level of proficiency in corporate laws of the subject in the field of media;
26) the licensee – the subject who obtained in the procedure established by this Law the license in the field of media;
27) logo - any combination of designations (words, letters, digits, graphical elements, sounds, etc.) allowing to distinguish one TV channel from another;
28) mass information – information extending for the purpose of its bringing to the unrestricted group of people;
29) media literacy – skills and knowledge which give to users opportunity effectively and to safely use media services;
30) media (mass media) - means of distribution of mass information in any form which periodically or is regularly published under editorial control and the permanent name as the individualizing sign;
31) broadcasting – television broadcasting or broadcasting irrespective of technology, including on the Internet;
32) the music video – the complete audiovisual work which basis of sound row is execution of the piece of music with the text or without text is informative;
33) National council of Ukraine concerning television and broadcasting - the independent permanent collegiate state body which is acting on the basis of the Constitutions of Ukraine, this Law and other laws of Ukraine and performing state regulation, supervision and control in the field of media;
34) national product – the programs and the ad info made by physical persons or legal entities of Ukraine;
35) independent studio vendor – the studio vendor meeting the following requirements:
the studio vendor is not the owner of essential participation in the subject in the field of media;
among owners of essential participation of studio vendor there is no subject in the field of media;
the final beneficial owner of studio vendor is not final beneficial owner of the subject in the field of media;
the amount of the audiovisual works made by request of one subject in the field of media does not exceed 50 percent of all amount of the audiovisual works made by such studio vendor for the last three years;
36) online media – media, regularly distributing information in text, audio-, audiovisual or other form in electronic (digital) form by means of the Internet on own website, except the media carried by this Law to audiovisual media;
37) packet of TV channels and radio channels - set of programs of the broadcasting organizations which the provider of audiovisual services offers users on a contract basis as complete media service;
38) platform of joint access to video - service which basic purpose of the isolated part of which or the integral functionality of which is distribution for general audience with the information, entertaining or educational purpose of programs and/or the user video about which the provider of platform of general access to video does not exercise editorial control (editorial responsibility) if such distribution happens to the help of electronic communication networks and will be organized by such provider, including with use of automatic means or algorithms, in particular concerning display, designation (tagging) and streamlining of the sequence of reproduction;
39) platform of general information access - the service providing to the users on their request possibility of storage and distribution of the user information for the unrestricted group of people if such storages and distribution are not insignificant and net support function of other service and for objective and technical reasons cannot be used without such service;
40) call signs - any combination of sounds (words, letters, digits, etc.) allowing to distinguish one radio channel from another;
41) search engine (search service) – the hardware and software with the web interface providing systematic net search the Internet of information specified in text request of web search;
42) the program set of moving images with sound or without sound, irrespective of duration is independent element of the schedule or directory of programs of the subject in the field of audiovisual media, in particular the program of news, the movie, broadcast of sporting events or sports competitions, other audiovisual work, including children's programs, music videos; for the purposes of audialny media the program includes audialny information that irrespective of duration is independent element of the schedule or directory of programs, in particular the program of news, selection of songs, instrumental pieces of music, another;
43) the news program - the information program about the current events which is regularly broadcast according to the schedule of programs;
44) the program of the organization of broadcasting (the program of the speech) - combined the creative concept set of programs and other information which is broadcast by broadcaster or the telebroadcaster according to the schedule of programs;
45) the public company - the foreign legal entity created in the form of public joint stock company which shares are included in stock exchange lists (underwent the procedure of listing) stock exchanges;
46) the regulator of communication services - the central executive body with the special status in spheres of electronic communications, radio-frequency range and services of mail service;
47) editorial control (editorial responsibility) - decisive influence of the subject in the field of audiovisual media, the subject in the field of printing media and/or the subject in the field of online media on creation or matching, the organization and distribution of programs or other mass information appropriate subject;
48) editorial decisions - the decisions which are regularly accepted in the course of implementation by the subject in the field of media of editorial control and connected with daily functioning corresponding to media;
49) the register of subjects in the field of media (further – the Register) – the state information communications system which according to requirements of this Law provides collection, accumulating, processing, protection, accounting and provision of information on subjects in the field of media;
50) the registrant – the subject who in the procedure established by this Law is registered by National council as the subject in the field of media, except foreign linear media;
51) the ad info (the commercial message) - the advertizing, telesale, and also sponsorship or the other information distributed according to requirements of the legislation on advertizing and accompanying or included in the program, material or the user video;
52) relaying - acceptance and simultaneous distribution of programs of TV channel or radio channel or their parts, is performed with use of any technology and without any intervention or modification of contents of the program of broadcasting of such TV channel or radio channel. Relaying can provide insignificant delay in distribution of TV channel or radio channel or in provision of access to it if it is connected with the technical or technological reasons;
53) the schedule of programs – information on the sequence and time of broadcast of programs in linear media;
54) system of collective acceptance - the equipment complex providing in one apartment house possibility of direct acceptance by users by means of household receiving means in real time of the TV channels or radio channels broadcast in land air in analog or digital standards without restriction of possibility of the choice of programs;
55) system of conditional access – any technical tool, authentication system, the mechanism, software, etc. on which access to service depends on subscription or other form of preliminary individual authorization;
56) structure of property of the subject in the field of media - the system of relations of legal entities and physical persons allowing to determine:
all key participants (including the public companies) and the final beneficial owner of the subject in the field of media;
all key members of each legal entity existing in chain of ownership of corporate laws of the subject in the field of media;
all persons having direct and/or indirect essential participation in the subject in the field of media;
the control relations on the subject in the field of media between all persons determined by paragraphs the second - the fourth this Item;
57) studio vendor – the person, one of core activities of which is production (creation) of programs;
58) satellite repeater – the artificial Earth satellite located in extraterrestrial space capable to accept and transmit electromagnetic signals;
59) broadcasting – primary distribution of the program, TV channel or radio channel irrespective of technology, including on the Internet, available to mass acceptance in real time;
60) the third country – the country which is not the party of the European convention on cross-border television or the member state of the European Union;
61) universal media service – the list of TV channels, the guaranteed access to which the subjects determined by this Law shall provide for all users;
62) the participant of the audiovisual work - the physical person participating in its creation under own name (alias) or as the contractor of any role, the contractor of the piece of music used in the audiovisual work, the scriptwriter and/or texts or dialogs, the production director, the producer;
63) format (format linear audiovisual media) – the sign characterizing linear audiovisual media on its orientation on illumination of certain subject and/or to destination for certain target audience. Types of formats are determined by National council.
2. Other terms are used in this Law in the following values:
the terms "nominal owner", "trust" - in the values given in the Law of Ukraine "About prevention and counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction";
the term "nominee holder" – in the value given in the Law of Ukraine "About depositary system of Ukraine";
the terms "real conflict of interest", "potential conflict of interest" - in the values given in the Law of Ukraine "About prevention of corruption".
Terms which are used in this Law and are not determined by it, used in the values given in other laws of Ukraine.
The terms and concepts which are not determined by the legislation of Ukraine are used in the values determined by industry standards, business practice or international standards.
1. This Law determines the legal basis of activities in Ukraine of subjects in the field of media, and also basis of public administration, regulation and supervision (control) in this sphere.
2. In coverage of this Law distribution of mass information does not belong:
1) physical persons which are not effective as media (are not subjects in the field of media);
2) physical persons - entrepreneurs or legal entities on own websites if distribution of mass information is not core activity of the subject and the mass information distributed by it is connected with economic activity of the subject in the spheres other than coverage of this Law;
3) in the form of the messages (including electronic, text, multimedia, and also mailings and other messages) sent to certain circle of users, in particular with use of electronic communications;
4) in the form of the online games extended with use of the Internet except cases of provision of access to programs through online games, including by integration of audiovisual media services into the interface (environment) of online games;
5) on official websites of state bodies, the local government bodies intended for distribution of information provided by the Law of Ukraine "About access to public information";
6) in systems of the collective acceptance performed according to the procedure, the stipulated in Article 20 these Laws;
7) in technological electronic communication networks and other electronic communication networks of the closed type and the special purpose which is not expected mass program reception in particular in system in which the equipment for distribution and acceptance of information belongs to one subject, and information sense that extends in such networks directly concerns economic activity of such subject and it is directed to the workers or other persons connected with such subject. This exception does not extend to institutions of restaurant economy, hotel or economic activity on provision of premises for temporary residence, and also to the companies of common carrier provided that the specified subjects provide full or partial access to media services, without making at the same time selection and the organization in packets of TV channels and radio channels.
3. The relations connected with production, distribution (distribution) and consumption of the ad info are regulated by the Law of Ukraine "About advertizing", and on advertizing language - also the Law of Ukraine "About ensuring functioning of Ukrainian as state".
4. Features of activities of subjects in the field of media on propaganda and informing during elections and referenda are regulated by the legislation on elections and referenda, except implementation of powers by National council on supervision and control during elections and referenda according to the procedure, determined by this Law.
5. The legal basis of regulation of the sphere of provision of public audiovisual media services is determined by the Law of Ukraine "About public media of Ukraine" taking into account provisions of this Law.
6. The legal basis of regulation of the sphere of provision of audiovisual media services of broadcasting to foreign countries is determined by the Law "About System of Broadcasting to Foreign Countries of Ukraine".
7. The legal basis of regulation of the sphere of provision of local public audiovisual media services and audiovisual media services of communities is determined by this Law and other laws of Ukraine.
8. Operation of this Law extends to the subjects in the field of media falling under jurisdiction of Ukraine in the presence of at least one of the following signs:
1) the subject is based in Ukraine, has the location in Ukraine, and editorial decisions are regularly made by it in the territory of Ukraine;
2) the subject is not based in Ukraine, but answers one of the criteria provided by parts nine – the thirteenth this Article.
9. Operation of this Law extends to subjects in the field of audiovisual media in the presence of at least one of the following signs:
1) the head office of the subject is located in Ukraine, but editorial decisions are made in the territory of other country provided that considerable part of the workers providing production of programs for provision of audiovisual media service work at the territory of Ukraine;
2) the main office is located the subject in other country, but editorial decisions are made in the territory of Ukraine provided that considerable part of workers who provide production of programs for provision of audiovisual media service work at the territory of Ukraine. At the same time the share of such workers in the territory of the country that is the party of the European convention on cross-border television or the member state of the European Union if there the main office of the subject is located, is not considerable;
3) subjects which for the first time began the activities in the territory of Ukraine and according to the legislation of Ukraine and support stable and close commercial ties in Ukraine if their main office is located in the territory of one of the countries that is the party of the European convention on cross-border television or the member state of the European Union, and editorial decisions are made in the territory of other country that is the party of the European convention on cross-border television or the member state of the European Union, and in one of these countries considerable part of workers who provide production of programs for provision of audiovisual media service does not work.
10. The subject in the field of audiovisual media, provider of audiovisual services, the supplier of electronic communication services for needs of broadcasting with use of radio-frequency range is considered falling under jurisdiction of Ukraine in the presence of at least one of the following signs:
1) use of radio-frequency range of Ukraine;
2) use of the station of programming and delivery of signal to satellite repeater located in the territory of Ukraine;
3) use of satellite capacities of Ukraine.
11. Operation of this Law extends to all subjects in the field of the online media meeting the requirements of part eight of this Article, including which are not registered as the subject in the field of media in the procedure established by this Law.
In case of the solution of question whether person distributing information with use of the Internet, the subject in the field of online media is, the National council applies the criteria established by body of joint regulation.
12. Operation of this Law extends to providers of platforms of general access to video which are not registered in member states of the European Union and correspond at least to one of the following signs:
1) in the territory of Ukraine the legal entity who exerts decisive impact on such provider (mother company) is registered;
2) in the territory of Ukraine the affiliated enterprise of provider is registered, on condition of absence concerning such provider of mother company or other affiliated enterprise of provider which began and continues the economic activity in the territory of the member state of the European Union;
3) in the territory of Ukraine the registered enterprise incoming one of provider of group of companies and the first of this group began the activities provided that such company continues the economic activity in Ukraine and concerning provider there are no mother company or affiliated enterprises registered in the states - members of the European Union.
13. Operation of this Law extends to other audiovisual, printing, online media services and services of providers of audiovisual services if they are directed to the territory and audience of Ukraine. In case of determination of orientation the National council is guided by the following criteria:
1) location of users of the corresponding media services;
2) advertizing orientation fully or partially on consumers in Ukraine;
3) use as interface language by default state language, language of indigenous people of Ukraine;
4) purpose of contents of information completely or mainly for audience of Ukraine;
5) rules of use and policy of media service are based on the legislation of Ukraine;
6) use for provision of access to media services of domain names in the geographical domains specifying Ukraine.
14. If there is dispute on jurisdiction, the National council takes the measures provided by the European convention on cross-border television (rather linear audiovisual media services) or other international treaties which consent to be bound is provided by the Verkhovna Rada of Ukraine.
15. If the subject in the field of media does not fall under jurisdiction of Ukraine, but its activities affect the rights and interests of citizens of Ukraine, the National council, Central Election Commission, the central executive body which provides forming and realizes state policy in the field of media, other state bodies for the purpose of protection of national interests of Ukraine and the rights of users of media services take measures for adjustment of cooperation with such subject, including by the conclusion of the relevant agreements or memorandums.
1. The legislation in the field of media consists of the Constitution of Ukraine, this Law, the laws of Ukraine "About electronic communications", "About ensuring functioning of Ukrainian as state", "About cinematography", "About advertizing", "About public media of Ukraine", "About information", "About system of broadcasting to foreign countries of Ukraine", "About the state support of media, guarantee of professional activity and protection of the journalist", other laws of Ukraine regulating activities in the field of media, and also international treaties regulating activities in the field of media which consent to be bound is provided by the Verkhovna Rada of Ukraine.
2. If the international treaty of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine establishes other rules, than provided by this Law rules of the international treaty are applied.
1. Activities in the field of media are based on liberty principles of the word and beliefs, freedoms of distribution, exchange and receipt of information, freedom of activities of subjects in the field of media, including free determination of contents of information, freedom of economic activity in the field of media, security of the right to information, openness and availability of information, reliability and completeness of information, legitimacy of obtaining, use, distribution, storage and information protection, security of the personality from intervention in its private and family life.
2. Any restrictions of the specified freedoms, including in case of acceptance by state bodies, local government bodies of decisions which prohibit or limit distribution of any of media in the territory of Ukraine, decisions on suspension, cancellation or failure in issue of licenses, about failure in registration of the subject in the field of media, can be established and applied only based on the law if it is necessary in democratic society, and the corresponding restriction is pro rata (unreliable) to rather effective objective. Restriction of the specified freedoms can be performed only for the benefit of homeland security, territorial integrity or public order for the purpose of prevention of conflicts or crimes, for health care of the population, for protection of reputation or the rights of other people, for prevention of disclosure of information obtained confidentially or for maintenance of the authority and impartiality of justice. In case of implementation of restrictions in the field of media state bodies, local government bodies, their officials apply practice of the European Court of Human Rights as source of law.
3. Censorship is forbidden.
4. Illegal intervention in activities of subjects in the field of media from state bodies, local government bodies, public associations, political parties, owners of appropriate subjects, other physical persons and legal entities is not allowed.
Are not allowed the requirement of preliminary approval of information distributed by media, will lock distribution of information from officials of state bodies, local government bodies, political parties.
5. In the territory of Ukraine it is not limited acceptance or relaying of radio channels, TV channels, directories of appendices which come from the countries which are members of the European Union and also other radio channels, TV channels, directories of programs which content meets the requirements of the European convention on cross-border television, other international treaties of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine, and also to requirements, the established this Law.
6. In case of violation of the law of Ukraine in programs of radio channels, TV channels, directories of programs, and also on platforms of general access to video which occur outside Ukraine the National council takes the measures provided by the European convention on cross-border television, other international treaties of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine and this Law.
In case of violation establishment of requirements of Items 1-4, 6, 36, Articles 42, of Items 1 and 2 of part one of article 119 of this Law the National council shall report 12 parts one of Article to foreign linear media which comes from the member state of the European Union such foreign linear media and the regulator that it has over it jurisdiction, concerning factual determination of violation and pro rata measures for restriction of relaying foreign linear plans to accept media which National I am glad in case of further violation.
In case of making to foreign linear media which comes from the member state of the European Union within one year from the date of the making of the violation provided by the paragraph the second this part, the second violation, provided by Items 1, of 4, of 6, 12 parts one of Article 36, Items 1 and 2 of part one of article 119 of this Law, or the third violation provided by part one Items 2 and 3 of Article 36, article 42 of this Law, the National council limits its relaying in the territory of Ukraine for a period of up to six months.
In the urgent cases connected with ensuring national security, National council within seven working days from the date of receipt of information that confirms availability of the corresponding circumstances, limits relaying foreign linear media which comes from member states of the European Union and 12 parts one of Article 36, of Items 1 and 2 of part one of article 119 of this Law, for a period of up to six months violated requirements of Items 1, of 4, of 6,. In case of introduction of such restriction National I am glad shall report about the reasons of such urgency for the regulator which has jurisdiction over corresponding to foreign linear media which comes from the member state of the European Union instantly.
7. Distribution of media in the territory of Ukraine can be forbidden only in the cases and procedure established by the law.
1. The main objectives of state policy in the field of media are:
1) ensuring reliability and balance of information representation, guaranteeing free and open discussion of socially important problems, political, economic and ideological variety, and also ensuring freedom of activities in the field of media, protection of subjects in the field of media from pressure from public authorities, local government bodies;
2) creation of conditions for satisfaction and providing information and cultural rights and needs of citizens of Ukraine, and also foreign Ukrainians;
3) assistance to development of state language;
4) protection of users of information, especially children, from harmful effects of information;
5) assistance to development of public audiovisual media;
6) production incentive of the state product;
7) assistance to consolidation of subjects in the field of media in soregulyatorny bodies, and also assistance to work of such bodies, attraction them to decision making by state bodies;
8) protection of the economic competition in the field of media;
9) ensuring transparency and availability of information on structure of property of subjects in the field of media;
10) ensuring transparency, independence and legality of activities of state bodies in the field of media, in particular, when implementing regulation and supervision (control);
11) prevention of emergence of identical or duplicative powers of state bodies on regulation and supervision (control) in the field of media;
12) ensuring regulation in the field of media irrespective of method and the technology of distribution of information, except as specified, which is directly provided by this Law;
13) creation of equal opportunities for activities in the field of media, on condition of compliance to requirements of the legislation of Ukraine;
14) providing efficient guarantees of institutional and operational independence of National council;
15) ensuring effective supervision (control) of observance in the territory of Ukraine of requirements and restrictions in the field of the media provided by this Law for the purpose of protection of national media space of Ukraine and creation of the information environment capable to resist to urgent threats of information security;
16) ensuring representation of interests of the state of Ukraine, the physical persons and legal entities operating within its jurisdiction in the relations with owners of platforms of general information access, establishment of soregulyatorny and other mechanisms of interaction.
1. The Verkhovna Rada of Ukraine determines bases of state policy in the field of media and the legal framework of its realization.
2. The Cabinet of Ministers of Ukraine, the central executive bodies, their territorial authorities, other state and collegiate organs within the competence provide realization of bases of state policy in the field of media.
3. Ensuring forming and realization of state policy in the field of media, including on media literacy, is assigned to the central executive body providing forming and realization of state policy in the information sphere.
4. Body of state regulation of activities in the field of media, and also supervision body (control) in this sphere is the National council.
5. Powers of others state and local government bodies in the field of media are determined only by the laws of Ukraine.
1. The state promotes free competition in the field of media for the purpose of protection of the rights and interests of users and guaranteeing freedom of economic activity according to this Law and the Law of Ukraine "About protection of the economic competition".
2. Any physical person or legal entity solely and/or together with group of the connected persons has no right to control in any manner, including because of influence on forming of managerial and/or supervisory authorities of the subject in the field of audiovisual media, more than 35 percent of total amount of the corresponding territorial audiovisual media market – nationwide or regional.
Limits of the markets in the field of media are determined by the Antimonopoly Committee of Ukraine, including by representation of National council. The technique of delimitation of the markets in the field of media affirms the Antimonopoly Committee of Ukraine in coordination with National council.
3. Any physical person or legal entity solely and/or together with group of the connected persons has no right to control in any manner, including because of influence on forming of managerial and/or supervisory authorities of the subject in the field of printing media, more than 5 percent from total quantity of the registered printing media.
4. Control of observance of the requirements provided by this Article performs the Antimonopoly Committee of Ukraine.
5. The market of distribution (distribution) and consumption of the ad info is one goods market regardless of method of distribution (distribution) and consumption of the ad info and irrespective of type of media. The technique of delimitation of this market affirms the Antimonopoly Committee of Ukraine in coordination with National council.
6. In case of identification of signs of non-compliance by the subject in the field of media of the restrictions determined by this Article, the National council makes the decision on the appeal to the Antimonopoly Committee of Ukraine with the notification on availability of signs of violation of the law on protection of the economic competition.
1. The business strategy of National council (further – Strategy) is the fundamental document determining the purposes and activities of National council.
2. Strategy is developed on the basis of ensuring pluralism of opinions, satisfaction and providing information rights of citizens, creation of the favorable entrepreneurial circle, development of civil society, protection of the rights of separate ethnic and social groups.
3. Strategy is developed by National council for the purpose of ensuring its main powers determined by this Law and also proceeding from provisions of international agreements and state programs in the field of information policy, media, culture and arts, electronic communications, in other spheres of public life having influence in the field of media.
4. Strategy is reviewed by National council at least once in three years.
5. The project of Strategy or changes to it goes National council everything to the interested state bodies for provision of offers for the purpose of effective coordination of activities of state bodies in the field of media.
6. Strategy is developed, accepted by National council and will be promulgated according to the procedure, the stipulated in Article 87 these Laws.
1. State regulation of national media space is performed by National council according to the Plan of strategy implementation which annually develops and approves National council.
2. According to the plan of strategy implementation the National council makes the decision on need of creation of the broadcast channels and multichannel electronic communication networks providing use of radio-frequency range, determines conditions of licenses and holds competitions on receipt of licenses in the cases provided by this Law. In the annual report the National council performs the analysis of running state of the plan of strategy implementation, submits proposals on modification of Strategy.
3. The plan of strategy implementation shall contain at least the following information:
1) current status of regulation in the field of media, the main problems and challenges;
2) the available obligations of Ukraine according to international agreements and the tasks of National council determined by state programs in the field of information policy, media, culture and arts, electronic communications in other spheres of public life exerting impact on the sphere of media;
3) the main activities of National council in the field of licensing and registration of media, including the planned actions for creation of the broadcast channels and multichannel electronic communication networks providing use of radio-frequency range;
4) the planned actions of National council for ensuring broadcasting based on permission to temporary broadcasting;
5) the main directions of interaction of National council with body of joint regulation in the field of media;
6) the main objectives of National council in the field of media literacy.
4. The plan of strategy implementation affirms National council after January 31 of the current year.
5. The plan of strategy implementation is developed, accepted by National council and will be promulgated according to the procedure, determined by article 87 of this Law.
6. Modification of the Plan of strategy implementation is allowed due to the need of implementation of the obligations and tasks determined by Items 2-4 of part three of this Article by adoption of the relevant decision of National council.
1. The broadcast channels and multichannel electronic communication networks providing use of radio-frequency range (radio multichannel electronic communication networks) are created or territorially change according to the decision of National council according to Strategy and the Plan of strategy implementation.
2. Decision making about creation of new broadcast channels and radio multichannel electronic communication networks precedes market analysis of audiovisual media, requirements of the market, and also efficiency and completeness of use of resources of the created radio multichannel electronic communication networks.
3. The territory in which household receiving means of users provide consistent reception of the corresponding signal is considered the territory covered by broadcast channel or radio multichannel electronic communication network.
4. The territory of covering of broadcast channel or radio multichannel electronic communication network (coverage of certain territory) is determined based on calculated data (the predicted coverage) of specialized agency which according to the legislation on electronic communications has the right to provision of such data, and in case of need receipts of actual data about entry into coverage of certain settlements - by measurement of parameters of radiation and technical characteristics of radio-electronic means (natural measurements) according to techniques (metrologiya) determination of coverage of broadcast channel of network of digital (analog) land television broadcasting which affirm the decision of National council taking into account the held consultations with the Regulator of communication services.
5. Territorial categories of broadcast channels or multichannel electronic communication networks are:
1) national category - the territory which is covered by broadcast channel or multichannel electronic communication network includes settlements at least a half of the areas of Ukraine;
2) regional category - the territory which is covered by broadcast channel or multichannel electronic communication network includes settlements of several, but no more than a half of the areas of Ukraine;
3) local category – the territory which is covered by broadcast channel or multichannel electronic communication network includes settlements within one area of Ukraine;
4) foreign speech.
6. The national council determines the number of broadcast channels and radio multichannel electronic communication networks of each territorial category.
7. The national council promotes increase in the territory of covering and improvement of quality of signal of broadcasting channels and radio multichannel electronic communication networks within each of territorial categories.
8. Development of calculations about opportunity and conditions of use of radio-frequency range for needs of broadcasting, including for needs of temporary broadcasting, is performed according to the procedure, determined by the legislation, by request of National council.
1. Introduction and change of standards (radio technologies) radio, including digital, broadcastings with use of broadcast channels and/or resource of radio multichannel electronic communication networks are performed according to international agreements, the laws of Ukraine and Strategy.
2. Changes of standards (radio technologies) in case of which the number of broadcast channels and/or resources of multichannel electronic communication network do not decrease and do not require cancellation of current licenses of licensees, are entered from decisions of National council according to Strategy.
The decision of National council on change of standards (radio technologies) radio, including digital, broadcastings with use of resource of multichannel electronic communication networks shall provide sources of covering of the expenses connected with introduction of such changes.
3. Changes of standards (radio technologies) radio, including digital, broadcastings with use of broadcast channels and/or resource of radio multichannel electronic communication networks in case of which the number of broadcast channels and/or resources of multichannel electronic communication network decrease and which require cancellation of current licenses of licensees except the termination of use of the standard (radio technology) of analog television broadcasting, are entered according to the separate law adopted by the Verkhovna Rada of Ukraine. Such law shall settle also questions of procedure for cancellation of licenses and payment to licensees of fair compensation.
1. The termination of use of the standard (radio technology) of analog television broadcasting is performed from decisions of National council which are made according to the Dispersion plan and use by radio-frequency range in Ukraine.
2. After acceptance by National council the decision on the termination of use of the standard (radio technology) of analog television broadcasting of rather relevant broadcast channel or its part (separate radio-electronic broadcast media) the license for broadcasting is subject to cancellation fully or partially (regarding the right to implementation of activities with use of certain frequency assignments).
3. If the decision on cancellation of the license is made on the subject in the field of media which has no other license for broadcasting with use of radio-frequency range to the similar or big territory, the National council along with the decision on cancellation of such license makes the decision on the order of calculation concerning opportunity and conditions of use of radio-frequency range for needs of broadcasting in the corresponding territory. Within one month from the date of receipt of such calculation the National council shall announce competition on receipt of the license for broadcasting and in case of its carrying out to provide priority to the participant whose license is cancelled. If the National council will be refused in provision of calculation and on condition of representation by the subject which license is cancelled, the corresponding statement, the National council instantly makes the decision on its registration as subject in the field of media and inclusion of its TV channel in universal Media Service in the corresponding territory for the term during which would be acting the license is cancelled.
1. For the purposes of this Law subjects in the field of media are:
1) subjects in the field of audiovisual media;
2) subjects in the field of printing media;
3) subjects in the field of online media;
4) providers of audiovisual services;
5) providers of platforms of joint access to video;
6) suppliers of electronic communication services for needs of the speech with use of radio-frequency range.
1. For the purposes of this Law the following services reckon with implementation of editorial control as audiovisual media services:
1) broadcasting (linear audialny media service) – activities for distribution of radio programs for simultaneous mass acceptance by users on the basis of the schedule of programs created by broadcaster;
2) television broadcasting (telecasting, linear audiovisual media service) – activities for distribution of audiovisual programs for simultaneous mass acceptance by users on the basis of the schedule of programs created by the telebroadcaster;
3) audialny media service to order (nonlinear audiomedia-service) - activities for provision of access to radio programs for listening at the moment chosen by the user by its individual order on the basis of the directory of programs created by appropriate subject;
4) audiovisual media service to order (nonlinear audiovisual media service) - activities for provision of access to audiovisual programs for viewing at the moment chosen by the user by its individual order on the basis of the directory of programs created by appropriate subject.
2. Special types of audiovisual media services are:
1) public audiovisual media services – audiovisual media services which are provided according to the Law of Ukraine "About public media of Ukraine" and this Law;
2) audiovisual media services of broadcasting to foreign countries - audiovisual media services which are provided out of Ukraine according to the Law of Ukraine "About system of broadcasting to foreign countries of Ukraine" and this Law;
3) local public audiovisual media services and audiovisual media services of communities – the audiovisual media services provided according to the procedure and method, determined by the Section III of this Law.
3. For the purposes of this Law the subject in the field of audiovisual media person exercising editorial control of creation or selection, the organization and distribution of mass information by provision of audiovisual media service is considered.
4. Subjects in the field of audiovisual media are:
1) broadcaster (the subject in the field of linear audialny media service) - person performing matching of radio programs and their organization in chronological procedure (creates radio channel) and presents them for simultaneous mass and individual acceptance by users;
2) the telebroadcaster (the subject in the field of linear audiovisual media service) – person performing matching of audiovisual programs, their organization in chronological procedure (creates TV channel) and provides them for simultaneous mass and individual acceptance by users;
3) the subject in the field of audialny media service by request - person performing matching of radio programs, their organization for certain structure (creates the directory of programs) and provides access to them to users by the individual order;
4) the subject in the field of audiovisual media service by request - person performing matching of audiovisual programs, their organization for certain structure (creates the directory of programs) and provides access to them to users by the individual order.
5. Special types of subjects in the field of audiovisual media are:
1) the subject in the field of public audiovisual media services - the "National Public Broadcasting Company of Ukraine" joint-stock company created and operating according to the Law of Ukraine "About public media of Ukraine" and this Law;
2) the subject in the field of audiovisual media services of broadcasting to foreign countries - the legal entity formed and acting according to the Law of Ukraine "About system of broadcasting to foreign countries of Ukraine" and this Law;
3) subjects in the field of local public audiovisual media services and audiovisual media services of communities – subjects which features of activities are determined by the Section III of this Law;
4) the subject in the field of the parliamentary speech – the state company "Parliamentary TV channel "Rada" or its legal successor.
6. Subjects in the field of media directly, and also through the economic or public associations created by them can establish procedure, technique and other parameters of measurement and the analysis of audience of TV channels, radio channels, online media, etc., select the organizations performing such measurement and can use their results in the activities.
7. Consolidation of subjects in the field of audiovisual media has the right to determine the organization performing measurement and the analysis of audience of TV channels or radio channels. Creation and the introduction (accession) to such consolidation, determination of the single organization performing measurement and the analysis of audience of TV channels or radio channels of the subjects incoming consolidation does not require receipt of permission of state bodies, including permission to coordinated actions of subjects of housekeeping.
8. For the purpose of assistance to increase in competitiveness of national product subjects in the field of media have the right to create subjects of managing, consolidation which purpose of activities is provision of access to TV channels and radio channels, access to directories of programs, placement of the ad info.
1. For the purposes of this Law the subject in the field of printing media person exercising editorial control of creation or selection, the organization and distribution of mass information in the form of printing media is considered.
2. The person which structure of property includes state bodies, local government bodies, their associations, except the exceptions provided by the law and also the legal entities based by such bodies except scientific institutions, educational institutions and institutions of culture cannot be the subject in the field of printing media.
3. Official printing publications which are published for the purpose of ensuring access to public information do not belong to printed media.
1. For the purposes of this Law the subject in the field of online media person exercising editorial control of creation or selection, the organization and distribution of mass information in the form of online media is considered.
2. The person which structure of property includes state bodies, local government bodies, their consolidation, except the exceptions provided by the law, in particular, of rather public audiovisual media and also the legal entities based by such bodies except scientific institutions, educational institutions, cultural institutions cannot be the subject in the field of online media.
3. Person which is regularly distributing mass information under the editorial control through own accounting records on platforms of general information access is not subject in the field of online media, except cases if such person voluntarily is registered as the subject in the field of online - media according to the procedure, the stipulated in Article 63 presents of the Law
1. For the purposes of this Law audiovisual service are activities for provision to users of access to TV channels and radio channels, irrespective of the selected technology within certain packets of TV channels and radio channels.
2. Provider of audiovisual services is person performing and responsible for selection and the organization in packets of TV channels and radio channels. The provider of audiovisual services provides to users access to packets of TV channels and radio channels on contractual basis independently or with the assistance of the supplier of electronic communication networks and/or services signing the relevant agreement with the user.
3. Institutions of restaurant economy, hotel, other subjects which perform economic activity on provision of premises for temporary residence of the company of common carrier which provide full or partial access to packets of TV channels and radio channels, for the purposes of this Law are considered as providers of audiovisual services provided that such subjects perform and are responsible for matching and the organization in packets of TV channels and radio channels.
4. The territorial category within which the provider of audiovisual services acts is determined according to the criteria determined by part five of article 10 of this Law.
1. Provider of platform of general access to video is person providing service of platform of general access to video.
2. The platform of joint access to video can function in the form of the website or in other forms providing availability of public storage of information which is under control of provider, and the client software providing access to such storage.
3. The national council creates and updates the list of providers of platforms of general access to video which are registered in Ukraine in the Register or are considered coming from Ukraine, according to part twelve of article 2 of this Law.
1. Person performing distribution of packets of TV channels and radio channels in radio multichannel electronic communication network according to the license granted by National council is the supplier of electronic communication services for needs of broadcasting with use of radio-frequency range.
1. Systems of collective acceptance are created (are effective) only for the purpose of receipt of consistent reception by users of opportunity by means of household receiving means of the TV channels or radio channels extended in land air in the action area of system of collective acceptance.
2. It is forbidden without the written permission of media any use of signal got by means of system of collective acceptance except direct acceptance by users in real time of TV channels or radio channels, including it is forbidden, but it is not exclusive:
1) to recode such signal in other formats or protocols;
2) to accept such signal to providers of audiovisual services or to other persons for further distribution, including in packets of providers of audiovisual services;
3) to establish or levy payment in the form of any regular payments (more than one payment in three years) for use, servicing, content, etc.
3. Systems of collective acceptance shall be separated multichannel electronic communication networks of providers of audiovisual services, shall not have any general with them elements (the equipment, cable, etc.) through which at the same time there passes the signal, access to which is provided with provider of audiovisual services and signal, accepted through system of collective acceptance
Providers of audiovisual services shall provide transfer of own signals in multichannel electronic communication networks which they use, including also at those frequencies at which in the corresponding territory distribution of signals which can be accepted by means of system of collective program reception of TV channels or radio channels is performed.
4. The organization of acceptance of TV channels or radio channels with use of system of collective acceptance in defiance of requirements of this Article is illegal distribution of TV channels or radio channels (programs of broadcasting).
1. Any legal entity or the physical person – the entrepreneur, except the exceptions provided by this Law can be the subject in the field of audiovisual media using radio-frequency range of Ukraine for provision of the corresponding service.
2. The person which structure of property includes state bodies, local government bodies, their consolidation, except the exceptions provided by the law, political parties, their structural divisions, and also the legal entities based by such subjects except scientific institutions, educational institutions and cultural institutions cannot be the subject in the field of audiovisual media.
The specified restrictions do not extend to public audiovisual media and subject in the field of parliamentary broadcasting.
3. The structure of property of the subject in the field of audiovisual media using radio-frequency range of Ukraine for provision of the corresponding service cannot include state bodies of foreign states, the religious organizations, the international organizations, and also the legal entities based by such subjects.
4. The annual financial reporting of subjects in the field of the audiovisual media performing television broadcasting with national category is subject to the statutory audit performed by the independent auditor (auditing firm) according to the procedure, provided by the Law of Ukraine "About financial records audit and auditor activities".
Requirements to ensuring independence of the auditor are established by the legislation of Ukraine regulating auditor activities.
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