II. Comments on the text of the draft law

G. Media and Information Support of Elections

Article 73(18) bans campaigning in foreign mass media that function on the territory of Ukraine and in mass media registered in Ukraine in which the share of foreign ownership is over 50 per cent. This implies that candidates would be prohibited from issuing campaign statements or advertising aimed at Ukrainian voters residing abroad, thus limiting the ability of candidates to reach voters residing abroad. As presenting a candidates’ platform to voters is an inextricable part of the right to be elected, this provision should be reconsidered. The restriction also appears to violate citizens’ right to receive and impart information regardless of borders as set out in paragraph 26.1 of the OSCE Moscow Document.[1] OSCE participating States also commit themselves “to take all necessary steps to ensure the basic conditions for free and independent media and unimpeded transborder and intra-State flow of information, which we consider to be an essential component of any democratic, free and open society.”[2]

[1] Document of the Moscow Meeting of the Conference on the Human Dimension of the CSCE, 10 September 1991: the participating States “consider that the print and broadcast media in their territory should enjoy unrestricted access to foreign news and information services. The public will enjoy similar freedom to receive and impart information and ideas without interference by public authority regardless of frontiers, including through foreign publications and foreign broadcasts. Any restriction in the exercise of this right will be prescribed by law and in accordance with international standards”.

[2] Paragraph 26 of the OSCE 1999 Istanbul Document.