Council of Europe warns of censorship risks in Ukraine’s new Civil Code
Experts have warned that provisions in the draft Civil Code could be used to pressure media outlets and restrict freedom of expression.
Ukraine has received a legal opinion from the Council of Europe on the draft of its new Civil Code, which highlights potential threats to freedom of speech. This was reported by ZMINA.
The opinion addresses several provisions of draft law No. 15150, including rules governing the right of reply and correction, restrictions on the dissemination of information, protection of honor and reputation, and new digital rights. Experts expressed particular concern over a provision allowing individuals to demand publication of a reply regardless of whether the original information is accurate. According to the Council of Europe, this could transform a protective mechanism into a tool for influencing editorial policy and would be inconsistent with the case law of the European Court of Human Rights.
The experts also criticized provisions allowing information to be prohibited before it is published. The opinion notes that the absence of clear criteria for applying such measures creates a risk that they could be used as instruments of censorship.
In addition, the Council of Europe pointed to the lack of safeguards against SLAPP lawsuits – legal actions intended to intimidate or burden journalists and activists. It also warned that the proposed rules on digital rights could complicate the work of media organizations and human rights advocates.
The Council of Europe recommended that Ukrainian lawmakers revise the disputed provisions and bring them into line with the standards of the European Convention on Human Rights and the jurisprudence of the European Court of Human Rights.
As the UOJ previously reported, Ruslan Stefanchuk discussed the draft Civil Code with LGBT representatives.
