How Zelenskyy can challenge Ukraine’s media magnates

Zelensky and his Servant of the People party have passed plenty of legislation since winning an overwhelming majority in 2019, some of it difficult and controversial. But a…

Zelensky and his Servant of the People party have passed plenty of legislation since winning an overwhelming majority in 2019, some of it difficult and controversial. But a new draft law to regulate the media, long called for by journalists and reform activists – and also a requirement of the EU-Ukraine Association Agreement – has not been a priority.

The need for reform is recognised officially. Kyrylo Tymoshenko, deputy head of Ukraine’s presidential administration, said recently: “Legislation governing television, radio and the internet is not outdated. We can assume that it does not exist at all […] We must upgrade the entire regulatory system in the country.” 

One key change would be the introduction of co-regulation (a combination of state regulation and self-regulation). Previous presidents have exploited Ukraine’s media regulator to penalise political opponents, so there’s a need for a system that sets high common standards, but also builds mutual trust. With co-regulation, both the media and the regulator agree on a code of conduct. The regulator also needs to be stronger and more independent.

The long-awaited law is an important step and should not be delayed further, but to actually tackle oligarch control, legislators need to be more radical. Natalya Ligacheva, head of the NGO Detector Media, explains: “The new draft law is clear that owners shouldn’t influence editorial policy, but then doesn’t say how that could actually be secured.”

Experts agree that transparency around media financing is needed. Once that becomes a legal requirement, Ligacheva suggests TV channels could be given a time frame to make a profit or break even; if they do neither, they should be taken off air. Oligarchs shouldn’t be able to subsidise the media in order to promote their own agenda.

Taras Shevchenko of the Centre for Democracy and Rule of Law, an NGO, suggests anoher innovation: individuals should be banned from media ownership, forcing oligarchs to cede control to co-owners.

Trust in the public broacaster

Currently, the best alternative to the oligarch-owned TV channels is Ukraine’s public broadcaster, Suspilne. The transformation of an old-fashioned state broadcaster, which for years was expected to serve those in power, into an independent, modernising organisation is no small achievement. Especially in comparison with neighbouring Poland, where the government has turned its public broadcaster, TVP, into a subservient mouthpiece of the ruling party.

Having inherited 30 separate companies and significant debt, Suspilne underwent a colossal restructuring in 2017. Wasteful spending was cut, transparent competition was introduced for managerial positions and a new supervisory board, combining representatives from parliament and NGOs (the majority), now ensures independent oversight. After investing in professional quality programming (especially investigative journalism) and a new culture of editorial independence, Suspilne is now the most trusted television news source in Ukraine.

However, the ratings for Suspilne’s flagship TV channel – averaging about 1% of TV viewers – have not been impressive. The ambition was to be the BBC of Ukraine, but in terms of viewing figures, it’s currently more comparable to PBS in the US (although Suspilne’s radio stations are more popular and its online presence is growing fast).


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