ANALYSIS: Libel verdict against newspaper threatens press freedom (06/21/98)

ANALYSIS: Libel verdict against newspaper threatens press freedom

by Tiffany Carlsen and Katya Gorchinskaya

A Kyiv court on June 14 ordered the opposition daily newspaper Kievskie Viedomosti to pay libel damages totaling 5 million hryvni ($2.5 million U.S.) to an ally of President Leonid Kuchma. If unable to pay, the newspaper will have to close down.

But there has been almost no reaction from the journalistic community. Only a few voices have been heard about the case, which many consider to constitute yet another assault on press freedom by the government.

"There has been no reaction from any sort of journalists' union, and that is very surprising," said Volodymyr Mostovyi, editor of the weekly Zerkalo Nedeli. "This is precisely the moment that solidarity between journalists should be manifested through a statement that speaks out against such actions."

Mr. Mostovyi said that the Starokyivsky District Court's ruling was a "purely political action directed at closing the newspaper" by forcing it into "an unsustainable economic condition."

That echoed the comments made by Yevhen Yakhunov, editor of Kievskie Viedomosti, who also said the court decision was "a political action."

But these were isolated comments. The following weekend, several journalists were given awards by President Kuchma in a ceremony at the Mariyinsky Palace marking Press Day. "Freedom of speech helps the development of democracy," the president said, adding that journalism is a "serious weapon" in politics but should be used with "objectivity and independence."

Kievskie Viedomosti is standing by its series of reports in which it alleged that Internal Affairs Minister Yuri Kravchenko bought a luxury $115,000 Mercedes with money from a fund for the families of slain policemen. Mr. Kravchenko filed suit last year after the newspaper had first printed the allegation. The daily plans to appeal the ruling.

Four months ago, another Kyiv opposition daily, Vseukrainskie Viedomosti, was forced to shut down after a court ordered it to pay 3.5 million hryvni in damages to a pro-Kuchma businessman and politician. At that time, however, many journalists openly argued that the government was trying to gag the opposition in the run-up to the March parliamentary elections.

Now, Mr. Yakhunov is saying, newspapers have not rushed to the defense of Kievskie Viedomosti for purely commercial reasons. "The mass media are separated into different camps," he said. "Even those on friendly terms with us might not support us because we are competitors. However, I want to warn them that the repression has started."

Kievskie Viedomosti attorney Viktor Nikazakov sees apathy as the main reason for silence. "Those newspapers that might want to scream about the decision don't do it because they know it won't accomplish anything," he said, adding that "more and more newspapers are working for the president in any case."

Foreign observers say that the case highlights a troubling pattern of opposition newspapers falling afoul of the authorities.

In two recent cases, the newspaper Polityka had its bank accounts frozen by a local tax administrator for failure to submit documents in time. The newspaper Pravda Ukrainy faced similar close scrutiny from government inspectors.

Tim O'Connor, Kyiv resident adviser of ProMedia, a U.S.-financed non-governmental organization supporting international press reform, says that cases like those of Kievskie Viedomosti are "worrisome because they show how one-sided the libel and defamation laws are in Ukraine." He added that loopholes in the Ukrainian press law are partly to blame, since plaintiffs are not required to prove any actual damage in court. He also said there is no legal distinction between press scrutiny of a private citizen and a public official. "Certainly public officials should be scrutinized closely, no matter what country you're in," he commented.

Irina Polykova, regional office director of the European Institute for the Media, said Ukraine lacks both courts and lawyers experienced in handling press freedom issues. And she criticized the fact that legislation places no limit on the amount of damages a plaintiff can seek from a media outlet.

Mr. Nikazakov said more public pressure should be put on lawmakers. "The media should press the Parliament to change laws so that they defend themselves against high-ranking officials," he said. "The Parliament probably would pass this kind of law just to spite the president."

Tiffany Carlsen and Katya Gorchinskaya are Kyiv-based RFE/RL correspondents.