A/HRC/43/CRP.7
premises and next to the court building. The male journalist was beaten and had an
unidentified liquid thrown at him, while the women were pushed and threatened. Members
and supporters of extreme right-wing groups took part in at least one of these incidents. One
of the perpetrators was notified of suspicion and currently is under home arrest. In both
incidents, law enforcement were present and failed to provide an adequate response. 86
96.
In another attack on 30 November 2019, perpetrators beat and used pepper-spray
against a civil society activist who exposed local governance issues in the Odesa region. 87
Since the attack, the victim has continued to receive threats on social media and via a
messaging app.
97.
OHCHR is deeply concerned about the Government’s controversial initiative88 to
develop legislation to combat dissemination of “disinformation”, which inter alia would
introduce increased liability89 for the mere dissemination of false information, and strips
online users of anonymity. These appear to be disproportionate measures and may negatively
impact freedom of expression. OHCHR stresses that while countering disinformation may
be a legitimate goal, restrictions on freedom of expression must comply with international
standards.90 OHCHR encourages the Government to instead shift its focus to targeted
prevention of cyber-attacks and countering malicious automated accounts (‘bot-farms’),
invest in increasing the population’s level of media literacy and ensure public access to
information as per global SDG target 16.10.
98.
In territory controlled by the self-proclaimed ‘republics’, OHCHR continued to
observe a lack of media coverage critical of or deviating from the perspectives of the
‘authorities’. Social media remained the only platform available for residents to express their
criticism and views regarding the situation on the ground. For example, widespread criticism
regarding delayed salaries and other benefits appeared on social media, but was not covered
by local media. OHCHR notes that individuals are detained for their publications including
information shared on social media.91
99.
In a further shrinking of the space for free expression, in ‘Luhansk people’s republic’,
the list of ‘administrative offences’ was expanded to include dissemination, including online,
of information offending human dignity, public morals and explicit disrespect to
‘authorities’. OHCHR notes that according to article 19 of the Universal Declaration of
Human Rights, everyone has the right to freedom of opinion and expression, which includes
the freedom to hold opinions without interference and to seek, receive and impart information
and ideas through any media and regardless of frontiers.
100. OHCHR welcomes the release of journalists Stanislav Aseyev and Oleh Halaziuk on
29 December 2019. Both had been detained since 2017 by ‘authorities’ of ‘Donetsk people’s
republic’.
C.
Freedom of peaceful assembly and freedom of association
101. OHCHR monitored the conduct of law enforcement agencies and local authorities at
eight assemblies during the reporting period, including those held on 21 November and 8-9
86
87
88
89
90
91
26
OHCHR interview, 27 December 2019.
OHCHR interview, 27 January 2020.
Presidential decree No. 837/2019 ‘On urgent measure to implement reforms and strengthen the state’
of 8 November 2019, tasks the Cabinet of Ministers to develop a draft law to regulate media activities
in Ukraine, setting out provisions on standards of news, mechanisms to prevent dissemination of
unreliable information, how such information is to be refuted, prohibiting individuals and legal
entities of an aggressor State from owning or financing media in Ukraine, and strengthening
responsibility for violations of legislation on information.
The proposed legislation introduces criminal liability and increases administrative liability.
Any restrictions must be “provided by law”, may only be imposed for specific grounds set out in of
article 19.3(a) and 19.3(b) of ICCPR and must conform to strict tests of necessity and proportionality.
Human Rights Committee, General Comment No.34 on Article 19, Freedoms of opinion and
expression, para. 22, 12 September 2011, CCPR/C/GC/34, available at
www2.ohchr.org/english/bodies/hrc/docs/gc34.pdf.
OHCHR interview, 21 January 2020.
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