The Council Committee again supported the re-reading of House Bill 10242, which could restrict free speech.
The draft was adopted in the first reading back in January, but the Rada has already failed the vote in the second reading twice.
The document proposes to introduce criminal liability for the dissemination of classified data from registries. At first it was about eight years of imprisonment, but by the second reading it was reduced to five.
Media and human rights activists believe the law could be used as a tool to prosecute investigative journalists and whistleblowers. This bill continues to pose significant threats to freedom of speech, the work of journalists, the protection of journalistic sources and whistleblowers of corruption in Ukraine.
In a statement, the Institute of Mass Information said:
The updated version proposed for voting did not address the risks that we noted in the preliminary statement dated December 2, 2024. The bill strengthens criminal liability for unauthorized distribution of confidential information. By this, the legislator means placing in the public domain confidential information from public registers or other actions that create the possibility of free access to such information by an indefinite number of persons. This definition is contained in the note to Art. 361 of the Criminal Code, and it has not undergone any changes compared to the text put to vote two weeks ago.
The bill, which is being proposed for deputies to vote, does not take into account criticism regarding the need to introduce effective protection mechanisms for individuals who disclose confidential information in the public interest, including journalists and whistleblowers of corruption. As noted in the previous statement, even if there is a public need to disclose such information, the current norms of the Laws of Ukraine “On Information” and “On Access to Public Information” aimed at protecting it may not be enough for the safety of journalists in courts when applying the updated version Art. 361-2 of the Criminal Code.
Despite the reduction in the corresponding sanction, the proposed punishment of up to 5 years’ imprisonment for such actions during the legal regime of martial law remains disproportionate. Although this maximum sanction and classification of the crime as a non-serious crime does not allow the use of covert investigative actions such as wiretapping and surveillance against journalists, this tool can still be used to prosecute journalists for inconvenient investigations of government officials.
Source: Racurs
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