Legal aid available for journalists on Election Day

The Association of Media Lawyers and the National Union of Journalists of Ukraine will be providing assistance to journalists in the event that their professional rights are infringed, including through refusal to provide information, be present at meetings of electoral commissions, etc.

On 17 January 2010 from 8.00 to 20.00 journalists can turn for help by phoning 0-44-234-23-57 or contacting:

The Association of Media Lawyers also reminds journalists that their rights are guaranteed by the Constitution and legislation, including Articles 9 and 10 of the Law on Information; Article 26 of the Law on the Printed Media (Press) and Article 56 of the law on Television and Radio Broadcasting.

Deliberately obstructing journalists in carrying out their professional work is a criminal liable offence (Article 171 of the Criminal Code).

Electoral legislation guarantees unobstructed access by journalists and media to all public events linked with the elections. Members of electoral commission must, within their capacity, provide all representatives of the media with information regarding the preparation and running of the elections (Article 13 of the Law on the Presidential Elections).

The media have the right without permission or invitation to be present at meetings of electoral commissions of all levels, in the premises where the voting is taking place, during vote counting and determining the outcome ((Article 28 of the Law on the Presidential Elections). The only restriction is that there can be no more than 2 people from any one media outlet.  A list is given of the documentation confirming this right.

Legislation does not envisage any accreditation for journalists at district or precinct commissions, including at special polling stations, in hospitals, penal institutions, etc. An electoral commission can refuse a journalist the right to be present only if the person unlawfully obstructs a meeting. Any such decision cannot be taken by one individual, but must be supported by two thirds of the commission.

During all meetings, etc, as listed above, journalists may take photographs, tape or video recordings.

Every journalist has the right to appeal decisions, actions or inaction of a particular electoral commission.

From information at www.telekritika.ua

see also:
• CVU criticizes hasty efforts to change electoral legislation
• 11th hour election law changes?
• Journalist organizations: do not hand out journalist IDs to outsiders
• Head of CVU believes it will not come to a third round of voting (CVU updated version)
• CVU concerned over attempts to get more than 20 thousand votes declared invalid
• Mr Yanukovych, don’t ignore the television debates!
• Lessons from the First Round of Voting
• Head of the CVU: More subtle forms of vote rigging sought
• CVU registers no major violations able to influence the election outcome
• ENEMO Observers note failings
• So are voters prepared to sell their vote?
• Even voters’ help lines can be used manipulatively
• Human rights activists slam local authority electioneering
• CVU warn of chaos and lack of readiness for 2010 Elections
• OSCE Interim Report No. 3 (23 December - 3 January of the Election Observation Mission in Ukraine
• Central Election Commission: Only 30% of election funding provided
• Freedom of speech in presidential hopefuls’ programmes
• CVU: electoral shenanigans on the rise but no flagrant pressure on voters
• OPORA: civic monitoring of the elections