Civil society and media organizations are calling on Members of Parliament to revoke the Verkhovna Rada’s July 16 decision to adopt, in the second reading and as a whole, Draft Law No. 12320. This legislation introduces fines for the “identification of a lawyer with their client,” posing a direct threat to freedom of speech and the objective coverage of court proceedings.
On July 16, the Verkhovna Rada passed the Law of Ukraine on Amendments to the Code of Ukraine on Administrative Offenses, the Criminal Code and the Criminal Procedure Code of Ukraine to Ensure the Guarantees of Legal Practice. It introduces administrative liability for what it literally defines as the “identification of a lawyer with their client,” a provision that directly endangers freedom of speech and the public’s ability to report on legal proceedings. The law also expands the grounds for criminal liability for interference with a lawyer’s work under the Criminal Code.
These changes essentially impose censorship on journalists, civil society organizations, and ordinary citizens when reporting on court cases. The new Article 185¹⁶ of the Code of Ukraine on Administrative Offenses introduces penalties for any public mention (via media, social media, or online platforms) of a lawyer in connection with their client, even when there is no intent to interfere with the lawyer’s work. The very notion of “identification” is vaguely defined in the law, which means that even a factual statement that a particular lawyer represents a particular individual could result in legal consequences.
Moreover, the draft law establishes extremely vague and subjective criteria for liability. Phrases such as “biased attitude,” “negative pressure,” or “personal involvement” have no clear legal definitions, creating a wide margin for arbitrary interpretation and abuse.
This legislation also directly contradicts fundamental democratic principles. According to well-established European standards, media coverage of court proceedings and their participants is essential in a democratic society. Such reporting must indeed be conducted responsibly and in line with the duties of the press, but it must also strike a balance between freedom of expression and the protection of other rights.
Public coverage of court proceedings contributes to the transparency of justice and is fully consistent with Article 6 §1 of the European Convention on Human Rights, which guarantees the public nature of hearings. A blanket ban on referring to lawyers, who are, in fact, participants in the trial, undermines this principle. Meanwhile, media outlets and civil society organizations are tasked with informing the public about judicial proceedings, just as citizens have the right to receive this information.
In addition, the law amends Article 397 of the Criminal Code, which deals with interference in a lawyer’s work. However, the revised definition of what constitutes such interference is unclear. It is impossible to determine which actions are illegal and punishable under the new wording, which introduces a serious risk of arbitrary enforcement and violates the principle of legal certainty.
If enacted, the law’s provisions would distance Ukraine from international standards. Globally, the principle of non-identification of lawyers with their clients is primarily meant to shield lawyers from state pressure, not from public scrutiny or media coverage.
Civil society and media organizations therefore call on Members of Parliament to revoke the July 16 decision of the Verkhovna Rada to adopt Draft Law No. 12320 in the second reading and in full. This law poses a serious threat to freedom of speech and the public’s right to information.
This statement remains open for signatures (please add your organization or media outlet if you support it):
- Transparency International Ukraine
- Institute of Mass Information
- Ukrainska Pravda
- Civic Initiative “Holka”
- Hlavkom Online Media
- Women in Media NGO
- The Ukrainian Media and Communication Institute
- Suspilne (Ukrainian Public Broadcasting Company)
- Texty.org.ua
- Bihus.Info
- Detector Media
- Hromadske Radio NGO
- Babel
- European Pravda
- ZN.ua
- Anti-Corruption Research and Education Center in Ukraine (ACREC)
- All-Ukrainian Association “Automaidan”
- CSO Women’s Anti-Corruption Movement
- CHESNO Movement
- “Graty”
- Human Rights Center ZMINA
