NGOs call on Verkhovna Rada to cancel bill introducing penalties for identifying lawyers with their clients

Photo credit: golos.com.ua

The civil society and the media are calling on MPs to cancel the Verkhovna Rada's July 16 decision to adopt in the second reading and in its entirety the draft bill No. 12320, which introduces fines for "identifying a lawyer with their client," as per the address signed by multiple NGOs and media outlets including the Institute of Mass Information.

The authors of the address believe that the draft bill "directly threatens freedom of speech and objective coverage of trials," as well as citizens' right to information. In addition, the new bill will expand the grounds for punishing interference in the work of a lawyer as outlined in the Criminal Code.

“First of all, such amendments essentially introduce censorship for journalists, civil society organizations, and ordinary citizens when covering trials. The new Article 185¹⁶ of the Code of Ukraine on Administrative Offenses provides for penalties for any public (e.g. in the media, on social media, online) 'identification' of a lawyer with their client, even if the aim was not to hinder their work. The very definition of 'identification' outlined in the law is vague, which means that even simply stating that a lawyer is defending a specific person can become a basis for prosecution,” the statement says.

The address adds that the draft bill establishes extremely vague and subjective criteria for liability for such offenses. Terms such as “biased attitude”, “negative pressure” or “personal involvement” have no clear legal definition, which creates much room for arbitrary interpretation and abuse, note the authors of the address.

The address also emphasizes that the bill goes against general principles of democracy. It is a recognized European standard that media coverage of trials and their participants is crucial in a democratic society as long as it is carried out with due observance of duties and responsibilities, balancing freedom of expression with other rights.

Coverage of trials contributes to their publicity and is fully compliant with the requirements of Article 6 § 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms on the publicity of such trials.

"However, the ban on mentioning lawyers who are firsthand participants in a trial overtly contradicts the principle of publicity. Meanwhile the media and civil society organizations have the task of sharing information on trials in their public communication, just as citizens have the right to receive such information," the statement says.

The authors of the address also point out that the bill amends Article 397 of the Criminal Code on interference in the work of a lawyer, but the new list of what may be considered such interference is formulated vaguely. It is impossible to understand what actions are illegal and what penalties are stipulated for them specifically, which, in turn, creates a risk of arbitrary application of the law and violates the principle of legality, the address says.

“If the bill enters into force, its provisions will distance Ukraine from international standards, where the principle of non-identification of a lawyer with a client is primarily aimed at protecting a lawyer from pressure by the state, and not from public opinion or information,” the address says.

The address is open for signature. It was signed by:

1. Transparency International Ukraine
2. Institute of Mass Information
3. Ukrainian Pravda
4. Public initiative Holka
5. Online media outlet Hlavkov
6. NGO Women in the Media
7. NGO Ukrainian Media and Communications Institute
8. Suspilne Broadcaster
9. Texty.org.ua
10. Bihus.Info
11. Detector Media
12. NGO Hromadske Radio
13. Babel
14. European Pravda
15. ZN.ua
16. Anti-Corruption Research & Education Centre (ACREC) 
17. National Automaidan Assembly
18. NGO Women's Anti-Corruption Movement
19. CHESNO Movement
20. News outlet Graty
21. ZMINA Human Rights Centre

As reported earlier, on July 16, the Verkhovna Rada adopted in the second reading bill No. 12320, which stipulates fines for identifying lawyers with their clients.

Yaroslav Yurchyshyn, Chairman of the Verkhovna Rada Committee on Freedom of Speech (Holos faction) considers the bill No. 12320, recently adopted by the parliament, to be an attack on freedom of speech.