What information must not be covered in the media during martial law?

The legal hotline for journalists and the media receives questions not only of a local but also of a general nature. Many of them are from appeals through the network of Journalists’ Solidarity Centers (JSCs) of the National Union of Journalists of Ukraine (NUJU), to which media professionals turn for support. We are publishing the answers of specialists to those of them that are of interest to many media professionals.

In particular, the Chernivtsi office of the Unified Western Ukrainian JSC received the following question:

“Since the beginning of Russia’s large-scale invasion of Ukraine, questions have often arisen in the media about what can be covered and what is prohibited from being shown so as not to harm our defenders. So, what information cannot be placed in the media during martial law, and what document regulates this?

The lawyer and representative of the IBC Legal Services, Danil Serbin, answers the question:

“Section 5 of Article 15 of the Law of Ukraine On State Support for the Media, Guarantees of Professional Activity stipulates that, when working in places of armed conflicts, terrorist acts, a journalist is obliged to comply with the requirements for non-disclosure of plans of special units, information that is a secret of a pre-trial investigation, to avoid actual propaganda of the actions of terrorists, their actions and statements specially inspired for the media, not to act as an arbitrator, not to interfere in an incident, not to create artificial psychological tension in society.

A more detailed list of information that cannot be disclosed is contained within Appendix 2 to the Order of the Commander-in-Chief of the Armed Forces of Ukraine 73 dated March 3, 2022, On the Organization of Interaction between the Armed Forces of Ukraine, Other Components of the Defense Forces and Representatives of the Media for the Period of the Legal Regime of Martial Law. It is this order that should be taken into account when determining what information can be published and what is prohibited.”

Currently, according to this order, it is prohibited to disclose the following information:

• The actual names of military units (subunits) of the Armed Forces of Ukraine, other components of the defense forces of Ukraine, personal data of servicemen performing combat (special) tasks, coordinates of their locations, and concentrations.
• Combat and quantitative composition of military units (subunits) of the Armed Forces of Ukraine, the available number, type of combat (special) equipment, and its technical composition.
• Places (areas) of concentration, deployment, and restoration of combat readiness of military units (subunits) of the Armed Forces of Ukraine, with reference to settlements (geographical objects).
• Current and future plans (intentions) of commands (commanders), combat (special) tasks, and the progress of their implementation by military units (subunits) of the Armed Forces of Ukraine.
• The effectiveness (experience) of the use by military units (subunits) of the Armed Forces of Ukraine, other components of the Defense Forces of Ukraine of means of destruction, test (special) equipment, as well as methods of conducting combat (tactical) actions.
• The location (deployment location) of the starting (firing) positions of air defense units and the results of their performance of combat missions.
• The results of conducting operations and conducting combat actions by military units (subunits) of the Armed Forces of Ukraine and other components of the Defense Forces of Ukraine, if such information has not been publicly available by the General Staff of the Armed Forces of Ukraine or other components of the Defense Forces of Ukraine.
• The results of conducting operations by units of the Special Operations Forces and reconnaissance units of the Armed Forces of Ukraine, if such information has not been publicly available by the General Staff of the Armed Forces of Ukraine and (or) other management bodies of the Defense Forces of Ukraine.
• Information on losses of combat (special) equipment (tanks, self-propelled artillery installations, aircraft, helicopters, anti-aircraft missile sets, ships (boats), especially foreign-made) and personnel, if such information has not been made publicly available by the General Staff of the Armed Forces of Ukraine and (or) other management bodies of the defense forces of Ukraine.
• Results of enemy missile and air strikes on military facilities (targets) critical infrastructure facilities, if such information has not been made publicly available by the General Staff of the Armed Forces of Ukraine, other management bodies of the defense forces of Ukraine, and (or) state authorities of Ukraine.
• Movement (deployment) of combat (special) equipment, routes of their movement, types, and quantity.
• Carrying out security measures for the use of troops (forces) (information about measures to mislead and conceal the activities of troops (forces) and military facilities), forces and means that were involved in their implementation, as well as filmed photo and video materials depicting mock-ups and imitation means used by military units (subunits) of the Armed Forces of Ukraine, other components of the defense forces of Ukraine.
• Information about conducted, ongoing, and planned information and psychological operations (actions, influence measures).

We remind you that the free legal assistance hotline of the NUJU is open for journalists. Ukrainian media men and women can receive advice from highly qualified specialists of the law firm IBC Legal Services – attorneys and lawyers with extensive experience.

We guarantee:

• complete confidentiality;

• professional, qualified assistance;

• high-quality and quick response to the question posed.

To apply, you must fill out a special form: http://surl.li/evrmg. The service is completely free and available from any region or country.

The legal hotline operates under the auspices of the network of JSCs of the NUJU with the support of UNESCO and the International and European Federations of Journalists.

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Call the Unified Western Ukrainian JSC Lviv-Chernivtsi at 097 907 9702 (Nataliya Voitovych, the Lviv JSC coordinator, and Volodymyr Bober, an assistant). The Center’s address is 5 Solomiyi Krushelnytskoyi Street.

ABOUT JSC

The Journalists’ Solidarity Centers is an initiative of the NUJU implemented with the support of the International and European Federations of Journalists and UNESCO. The initiative is designated to help media representatives working in Ukraine during the war. The Centers operate in Kyiv, Lviv, Ivano-Frankivsk, Chernivtsi, Zaporizhzhia, and Dnipro and provide journalists with organizational, technical, legal, psychological, and other types of assistance.

ABOUT UNESCO

UNESCO is the United Nations Educational, Scientific, and Cultural Organization. It contributes to peace and security by promoting international cooperation in education, sciences, culture, communication, and information. UNESCO promotes knowledge sharing and the free flow of ideas to accelerate mutual understanding. It is the coordinator of the UN Action Plan on the Safety of Journalists and the Issue of Impunity, which aims to create a free and safe environment for journalists and media workers, thus strengthening peace, democracy, and sustainable development worldwide. UNESCO is working closely with its partner organizations in Ukraine to provide support to journalists on the ground.

The designations employed and the presentation of material throughout this digest do not imply the expression of any opinion whatsoever on the part of UNESCO concerning the legal status of any country, territory, city, or area or its authorities or concerning the delimitation of its frontiers or boundaries.

The authors are responsible for the choice and the presentation of the facts contained in this digest and for the opinions expressed therein, which are not necessarily those of UNESCO and do not commit to the organization.

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