The Convention for the Protection of Human Rights and Fundamental Freedoms and the ECHR case law serve as a source of law for Ukrainian courts. Therefore, if the National Security and Defence Council of Ukraine imposes penalties on NewsOne and 112 television channels, such penalties will be challenged in court in accordance with the Strasbourg rules.

Drozdova & Partners Law Firm Director Ms Olena Drozdova was looking into the matter of legitimate restriction of the freedom of expression as guaranteed by Article 10 of the Convention in her article for ‘ECHR.Ukrainian Aspect’

The ECHR has on numerous occasions expressed their view on the roles and principles of activities of the media and their relations with governments. Most complaints associated with the activities of the media have been considered by the ECHR in the light of Article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms specifying that everyone has the right to freedom of expression while authorising national governments to introduce certain requirements for the activities of the media.

A restriction of the freedom of speech requires a list of clear grounds, while the government, as represented by competent authorities, is required to demonstrate the existence of an actually dangerous content in the media and to prove that that is the case to the public, themselves and, where necessary, a court, if legal proceedings should be initiated.

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