Media and NGOs Demand Zelensky Not Sign Bill 12320

On September 15, a number of media outlets and civil society organizations are holding an online flash mob, urging President Volodymyr Zelensky not to sign draft law №12320 by Member of Parliament Hryhoriy Mamka (former OPZZh).

Head of the civil initiative “Holka,” Iryna Fedoriv, explains that this legislative initiative creates risks for freedom of speech in Ukraine:

“Any citizen could then be held administratively liable if they say: ‘Serdyuk was Yanukovych’s lawyer’ or ‘Giuliani was Trump’s lawyer.’ In other words, paying money for stating the truth and presenting a fact. Why did this initiative arise? It is being lobbied by the National Association of Lawyers of Ukraine, headed consistently by Lidiya Izovitova – an ally of Viktor Medvedchuk. Everyone knows perfectly well that there are several lawyers who defend state traitors not just by performing their legal work in court. They whitewash their clients in the media. The law firm Aver Lex, which defended Yanukovych, even writes on its website that they are communication specialists. In addition, several lawyers who handled politicians’ cases later become politicians themselves. For example, there is Medvedchuk’s lawyer in the Kyiv City Council. And voters have the right to know everything about a politician’s track record. This draft law is an attempt to clean up political memory. And under conditions of war, this looks especially cynical. That is why we appealed to our colleagues in the civil sector and media to support this action. People should not pay fines for telling the truth.”

A screenshot from the website of the law firm AverLex, which provided legal support in Yanukovych’s cases. Section “About Us.”

The action was joined by: “Glavkom,” “Dzerkalo Tyzhnia,” “Espreso,” “Focus,” Channel 5, TRK “Kyiv,” media outlet “Poglyad,” and other media.

Chair of the Committee on Freedom of Speech Yaroslav Yurchyshyn (“Holos”) sent an appeal to the Department of Democratic Institutions and Human Rights of the Council of Europe and received the following conclusion:

“European partners emphasize that such an initiative will have a ‘chilling effect’ and risks of self-censorship will appear. We may face suppression of lawful journalistic activity and public oversight in high-profile cases. The law contains risks of restricting freedom of speech and is not consistent with Article 10 of the European Convention on Human Rights and does not meet international legal standards. The current fine ranges from 3,400 to 5,100 UAH for citizens and from 5,100 to 6,800 UAH for officials. I can already imagine the ‘joy’ of media professionals who will now have to pay fines just to call things by their proper names. That is ‘very motivating’ to pursue political journalism and carry out tasks impartially,” emphasizes the MP.

As a reminder, in the summer, the Verkhovna Rada approved draft law 12320, which a number of civil society organizations demanded to veto. It provides for holding any citizen accountable for equating a lawyer with their client. Only the European Solidarity faction did not cast a single vote.

The tool “Recharge UA Is in Your Power” includes a nominal list of MPs who voted for this draft law, taking into account factional distribution and majoritarian districts.