Analysis of the draft law:
1. Essence of the draft law
This draft law is aimed at the systemic implementation of inclusivity in the audiovisual sphere of Ukraine by legislatively consolidating the duty of media to ensure content accessibility for persons with visual and hearing impairments. The core idea is to transition from disparate norms to a unified standard that includes mandatory subtitling, sign language interpretation, and audio description (typhlocommentary). The project establishes clear accessibility indicators, mechanisms for planning these measures by media entities, and introduces liability for failure to comply with the established requirements. In fact, the law adapts Ukrainian legislation to modern European standards of inclusive information policy.
2. Structure of the project and main changes
The project is constructed as comprehensive amendments to the core Law of Ukraine “On Media” and a number of special laws (“On the Fundamentals of Social Protection of Persons with Disabilities in Ukraine,” “On Advertising,” “On Public Television and Radio Broadcasting of Ukraine,” “On the System of Foreign Broadcasting of Ukraine”).
- Introduction of Article 45-1 to the “On Media” Law: This is the “heart” of the project, which consolidates accessibility requirements for all providers of audiovisual media services (except audio ones).
- Action Plan Mechanism: Instead of purely rigid percentage-based norms, an “action plan” tool is introduced, which media entities develop independently, considering their own resources and technical capabilities, but under the supervision of the National Council.
- Co-regulation: For the first time, the participation of a co-regulatory body in the development of technical rules (format of subtitles, placement on screen, types of equipment) together with the National Council is envisaged.
- Transitional Provisions: The project establishes a transition period of 5 years, during which the accessibility indicator (the volume of adapted content) must be at least 50%, with a subsequent gradual increase to 90%.
3. Key provisions for stakeholders
- For business (media): It is important to understand that the law provides not only for penalties but also for flexibility. Approval of an “action plan” with the National Council allows for taking into account the financial and technical capabilities of a specific broadcaster. However, failure to comply with these requirements is classified as a “significant violation,” which carries serious regulatory risks.
- For legislators and experts: The project integrates accessibility into the regulation of political and social advertising. It also clearly delineates responsibilities for different types of media, including Public Broadcasting and state foreign broadcasting (SE “Multimedia Platform for Foreign Broadcasting of Ukraine”), which become flagships of inclusion.
- For citizens: Persons with disabilities receive a legal right to access information, including the right to identify content that has subtitles or audio description in the program schedule in advance. The introduction of technical codes guarantees that “accessibility” will not be merely formal but will meet clear quality standards (e.g., regarding subtitle readability).
- Technical aspect: The duty to label programs in catalogs and schedules becomes mandatory, which allows users to easily choose adapted content.
Analysis of the explanatory note:
1. Essence of the draft law
The draft law is aimed at creating a systemic legal mechanism for ensuring the accessibility of audiovisual media (television, online services) for persons with disabilities through the mandatory implementation of subtitling, sign language translation, and audio description (typhlocommentary). The document establishes a gradual 10-year transition schedule to an accessibility level of 90% for the vast majority of media entities.
2. Reasons and necessity for adoption
The author of the note argues that the need for changes stems from critical legal gaps and conflicts in current legislation (in particular, in the “On Media” Law), which makes it impossible to fully exercise the constitutional rights of persons with disabilities. The author’s main points:
- Lack of mechanisms: Current laws declare rights but do not contain specific mechanisms, conditions, and procedures for ensuring content accessibility.
- Legal uncertainty: Terminology in laws is scattered, contradictory, and outdated, which does not meet the requirements of the principle of legal certainty and the rule of law.
- International obligations: Ukraine has international obligations (the Convention on the Rights of Persons with Disabilities, EU Directive 2010/13/EU) that require the adaptation of national law to continuously increase the accessibility of services.
- Control: Currently, there are no clear powers or effective measures for responding to violations of accessibility requirements, and assigning such functions to “authorized bodies” that in fact do not have the corresponding powers creates managerial chaos.
3. Main consequences of the project
For different stakeholder groups, this project will have the following important consequences:
- For legislators and the state: Bringing Ukrainian media legislation in line with EU law, fulfilling international obligations, and strengthening the legal framework, which reduces the risk of legal conflicts.
- For media business: Clear “rules of the game” emerge, along with a transition period (10 years) for technological and financial adaptation. At the same time, violation of accessibility requirements is classified as “significant,” which provides for real sanctions by the National Council. The law also requires advertisers to adapt social advertising.
- For citizens (persons with disabilities): Real fulfillment of the right to access information, integration into public life, and a reduction in social isolation. It is important that people with post-traumatic stress disorder (PTSD), the elderly, and persons with temporary hearing or visual impairments will also gain accessibility.
- For the economy: The author notes that this will stimulate the media technology market, promote the use of artificial intelligence for subtitling and audio description, and increase the competitiveness of Ukrainian media in the EU market.
In summary, this is a sound attempt to translate declarative norms regarding “barrier-free access” into the realm of specific mandatory requirements with defined timelines and liability.
Analysis of other documents:
Greetings. As a lawyer with many years of experience, I have analyzed the financial and economic calculations and accompanying documents you provided regarding the draft Law on Ensuring the Accessibility of Audiovisual Media Services. Here is my professional conclusion.
1. Developer’s position
The Ministry of Culture of Ukraine, as the developer, unequivocally supports this draft law. The position of the agency is that the current legislation contains gaps that make effective oversight and control over the adaptation of media content for persons with disabilities impossible. The developer believes that the implementation of these norms is a necessary step to fulfill Ukraine’s international obligations (in particular, the Convention on the Rights of Persons with Disabilities) and to harmonize our legislation with EU directives.
2. Main provisions and important aspects
In simple terms, this document is not just “another law,” but a transition from declarations to real technical obligations for TV channels and streaming services. Here is what you should pay attention to:
- Gradual transition (staged approach): The law provides for a long-term period of market adaptation. “Horizons” of 5 and 10 years have been established to reach target accessibility indicators (from 50% to 90% of content). This is important for business, as it allows for planning expenses for technical re-equipment.
- Economic impact: It is important to understand that the document does not require direct funding from the state budget. Regulation and oversight will be carried out by the National Council within the scope of existing budget funding (Budget Program Expenditure Classification Code 6441010). However, the developer notes that it expects an increase in budget revenues through fines that will be applied to media that ignore inclusivity requirements.
- Accessibility tools: The draft law clearly defines what constitutes ensuring accessibility: subtitling, sign language translation, audio description (typhlocommentary), and the use of “easy-to-read language.” This provides clear frameworks for both supervisory authorities and media company lawyers.
- Co-regulation: An interesting point is the involvement of co-regulatory bodies. Together with the National Council, they must develop technical codes that will determine small but critical details: font size of subtitles, their positioning on the screen, and color scheme. This removes the risk that “accessibility” will be merely formal and unsuitable for the actual user.
- Exclusion for advertising: Note that these requirements do not apply to general commercial advertising (except for social and political advertising). This is a significant nuance for the advertising market.
From a legal point of view, this draft law creates a “safeguard” against arbitrariness in regulation, as accessibility criteria will be established by by-laws and will not depend on the subjective decision of an official. However, in practice, the biggest challenge for business will be the technical and financial capacity to fulfill these norms within the deadlines defined by law.
