Analysis of the draft law:
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Analysis of other documents:
Analysis of documents regarding the draft Law of Ukraine on the protection of media services provided with the use of conditional access
1. Position of the authors of the documents
- Resolution of the Verkhovna Rada of Ukraine: Supports the adoption as a basis of the draft Law (reg. No. 5870-d).
- Opinion on compliance with EU law and international obligations: Supports the project, assessing it as compliant with EU law and Ukraine’s international obligations.
- Comparative table to the draft Law: The Committee recommends that the Verkhovna Rada of Ukraine adopt the draft law in the second reading and as a whole.
- Opinion of the Main Scientific and Expert Department: Expresses comments on the draft law, but does not object to its adoption.
- Opinion of the Committee on Integration of Ukraine to the EU: Supports the project, believing that it does not contradict Ukraine’s international legal obligations in the field of European integration and EU law, but needs to be finalized.
- Opinion of the Committee on Budget Issues: The Committee notes that the draft law will have an indirect impact on budget indicators.
- Letter from the Committee of the Verkhovna Rada on Humanitarian and Information Policy to the Vice Prime Minister: Asks to conduct an additional expert review of the draft law.
- Comments of the Main Legal Department: Expresses numerous comments on the draft law, in particular regarding its compliance with the Constitution of Ukraine and other laws.
- Opinion of the Main Department of Documentary Support: There are no comments on the text of the draft law.
- Opinion of the Committee on Integration of Ukraine to the EU (second reading): The draft Law prepared for the second reading does not contradict Ukraine’s international legal obligations in the field of European integration and the law of the European Union.
2. Main provisions important for stakeholders
- The draft law defines the legal and organizational principles for the protection of media services provided with the use of conditional access.
- The purpose of the Law is to counter activities related to the production, distribution, advertising and use of prohibited conditional access systems.
- The Law does not apply to the area of child protection provided for by the Law of Ukraine “On Media”.
- Definitions of terms: clearly defines terms such as “protected media service”, “conditional access”, “conditional access device”, “ancillary service”, “illegal device”, etc., which is important for an unambiguous interpretation of the Law.
- Protected media services: a list of media services that are protected by this Law.
- Prohibited activities: a clear list of activities that are prohibited on the territory of Ukraine, including the manufacture, import, distribution, and advertising of illegal conditional access devices.
- Supervision and control: defines the bodies that supervise and control compliance with the requirements of the Law, their powers and the procedure for exercising supervision.
- Liability for violations: sanctions are established for violations of legislation in the field of protection of media services, including fines and confiscation of illegal devices.
- Amendments to other laws: amendments are envisaged to the Laws of Ukraine “On Advertising” and “On Media” to harmonize with the provisions of this Law.
- Entry into force: The Law shall enter into force on the day following the day of its publication, and shall be put into effect six months from the date of its entry into force.
