THE INFLUENCE OF THE LAW OF UKRAINE «ON MEDIA» ON THE CRIMINAL PROTECTION OF THE PROFESSIONAL ACTIVITIES OF JOURNALISTS

Abstract

The European integration processes of Ukraine led to the adoption of the Media Law of Ukraine № 2849-IX dated 13 December 2022, which will enter into force on 31 March 2023, by the Verkhovna Rada of Ukraine. This Law initiates the reform of the legal regulation of mass media activities in Ukraine, to be specific the media as a mean of distributing mass information. Among other things, mutually with the specified law it is being changed a number of legal acts concerning the activities of journalists, their rights and obligations that directly affect journalistic activity as itself. In addition, after entering into force of the Media Law of Ukraine other related to the activities of the media regulatory acts are no longer valid. Thus, all mentioned above has both negative and positive consequences for the criminal law protection of the professional activities of journalists. Taking into account the Law of Ukraine “On Media”, as well as changes made to other normative legal acts in connection with the entry into force of this Law, it would be appropriate for the Verkhovna Rada of Ukraine to apply a unified approach to defining the concept of a journalist and professional journalistic activity , which would overcome the existing gaps. In particular, by making changes to the note of Art. 345-1 of the Criminal Code of Ukraine, it would be necessary to bring the definition of the professional activity of a journalist into compliance with the legislation in the media sphere, or, on the contrary, to bring the legislation in the media sphere into compliance with the requirements not only of the Criminal Code of Ukraine, but also with the recommendations of international organizations of which Ukraine is a member. Forming a single conclusion in terms of overcoming the existing legal uncertainty during the application of legislation in the field of protection of the professional rights of journalists and their criminal legal protection, it would be premature to draw categorical conclusions before the entry into force of the relevant changes in the legislation, given the lack of experience in law enforcement of the outlined norms.