Algorithm of actions in conflict situations for journalists

In their professional activities, journalists often face obstacles to their work, especially when covering socially significant events. Illegal bans on filming, demands to stop using equipment or leave an open event can be manifestations of a violation of a journalist’s rights. To effectively protect yourself in such situations, it is important to know your rights, understand the limits of legal restrictions and be able to defend the freedom of professional activity with arguments.

1. Introduce yourself, show your ID and clearly refer to the norms that guarantee the journalist’s right to use equipment and be present at open events.

2. Remind them of the existence of Part 2 of Article 19 of the Constitution of Ukraine, according to which every official is obliged to act only on the basis, within the limits of his/her powers and in the manner provided for by the Constitution and laws of Ukraine.

3. Ask a clear question – on what basis, on the part and article of which law do you require me to stop using the equipment, restrict my professional right, including the right to be present at public events, an open court session?

4. If the requirement continues to be made only because “I want to” – remind about Articles 171, 345-1 of the Criminal Code of Ukraine, which provides for criminal liability for obstructing the lawful professional activities of a journalist. Inform that you will apply to the court and law enforcement /controlling/ bodies for protection of your rights.

5. If an official, while exercising his powers, believes that he can prohibit himself from filming – remind that he is a public figure who is supported at the expense of taxpayers and is at work.

Public figures are persons who hold public office and/or use public resources, as well as all those who play a role in public life (in politics, economics, the arts, the social sphere, sports or any other field). Articles 3, 4, 6 of the Declaration indicate that, since political figures and officials who hold public office or exercise public authority at local, regional, national or international levels have chosen to appeal to the public trust and have agreed to “expose” themselves to public political debate, they are subject to close public scrutiny and may potentially be exposed to sharp and strong public criticism in the media regarding the way in which they have performed or are performing their functions. In this case, the aforementioned figures and persons should not have greater protection of their reputation and other rights than other persons.

In this regard, the limit of permissible criticism of a political figure or other public figure is much wider than that of an individual average person. Public figures inevitably open themselves up to meticulous coverage of their words and actions and should be aware of this.

(clause 21 of the Resolution of the Plenum of the Supreme Court of Ukraine No. 1 dated 27.02.2009 “On judicial practice in cases of protection of the dignity and honor of an individual, as well as the business reputation of an individual and legal entity”) 6. If the events take place on the street, at a public event – recall Article 307 of the Civil Code of Ukraine, which contains the presumption of consent of a person to a photo, video recording in a public place.

7. Record everything that happens on video, audio as much as possible.

8. Do not give ANYONE any media. This is private property (of the editorial office or the journalist)!

9. CLEARLY REMEMBER AND NOTIFY THAT YOU:

a) a journalist who collects socially significant information for the purpose of informing /not a “loitering” element/; b) Your status, rights are established by current legislation and cases of its restrictions as well; c) the street, official, public and open events in government bodies are public events attended by persons who are presumed to have consented to filming.

What you should ALWAYS remember and TALK about

You are a journalist.

Your status is determined by the LAWS OF UKRAINE.

You are fulfilling your professional duties.

Your professional activities are protected by the Criminal Code of Ukraine.

We remind you that there is a possibility of contacting the hotline and online consultations:

– Call the “hotline”

0800 30 15 17*

(open every working day from 10:00 to 17:00).

– Write to the e-mail: help@ucla.org.ua

– Send a message to our official Facebook page: www.facebook.com/UCLA.Ukraine.

*Calls within Ukraine are free from landlines and mobile phones of any operators.

You can also get free legal aid in Chernihiv by appointment at:

NGO “Chernihiv Public Committee for the Protection of Human Rights”

Consultation office: Chernihiv, Honcha St. 57.

Email: protection.ua@gmail.com

Telephone for consultations:

+380 (63) 140 63 47

Protect your rights and expand your opportunities with us!

The activity is carried out within the framework of the project “The Bar and local media: building synergy for the Freedom of Speech”, which is implemented by the All-Ukrainian Coalition for Legal Aid with the support of the Ministry of Foreign Affairs of the Kingdom of the Netherlands.