Home > 5.1 Nature of the referendum > UKRAINE - Urgent Joint Opinion on the Draft Law 3612 on Democracy Through All-Ukraine Referendum
 
 
 
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Paragraph 86
 

The above-noted provisions also serve to prohibit any entity not registered as a referendum participant to campaign during the referendum even if no or little money is spent. Such a ban unduly interferes with CSO’s important role to inform the public on matters of public interest. This often includes providing positive or negative commentary on public policies or legislative initiatives. Even if one can argue that activities such as publishing reports and holding conferences do not constitute campaigning, CSOs may be hesitant to engage the public on referendum issues for fear of being held liable for violating the law, particularly if a communication puts a positive or negative light on the issue. This is especially so in light of Art. 86.4 of the Draft law that obliges CSOs “when disseminating information on referendum issues that is not part of referendum campaign materials, to follow principles of objectivity, impartiality, balance, reliability, completeness, and accuracy of information.” It is therefore recommended that the law allow CSOs to carry out their usual activities without registering; a certain minimal amount to be spent on referendum-related activities could also be imposed for non-registered organisations. Alternatively, the law could prohibit non-registered entities from buying broadcast and outdoor media advertising for referendum-related advertising. The legal definition of campaigning can exclude publishing reports and conferences, though this approach has less legal certainty.