UNBA invites professional associations in the media sector to engage in dialogue

Discussions surrounding Law No. 4547-IX, which introduces administrative liability for publicly identifying an advocate with a client, have turned into a conflict of interpretations, creating the risk of artificial polarization between advocacy and the media.

In order to ease tensions, avoid misunderstandings, and develop common rules of communication that are understandable to all, the Ukrainian National Bar Association has taken the initiative to create a joint permanent working group on communication and mediation with the participation of representatives of advocacy, media associations, and other associations.

The UNBA is convinced that advocates and journalists are not opponents. Both institutions are equally interested in ensuring that everyone can work professionally, without pressure, manipulation, or restrictions on freedom of speech. After all, Law No. 4547-IX does not prohibit criticism or socially important discussions, but sets limits on the personalization and stigmatization of advocates. It indirectly protects journalists, for example, from unfounded accusations of ethical violations simply for covering high-profile cases.

The proposal to establish a working group has been sent to the National Union of Journalists of Ukraine, the National Media Association, the Commission on Journalistic Ethics, the Ukrainian Institute for Media Development, the Institute of Mass Information, the Ukrainian Institute of Media and Communication, the Institute for Regional Press Development, the Ukrainian Media Business Association, the Association of Independent Regional Publishers of Ukraine, the Independent Media Council, Internews Ukraine, and the Center for Democracy and Rule of Law.

The work of the group, which should be open to other relevant institutions, will be based on respect for the editorial independence of the media and the professional independence of advocates. The UNBA is open to suggestions and ready to adapt the format of its work to the practical needs of media associations and unions. The goal is to develop common rules for interaction, prevent conflicts, and establish rapid mechanisms for resolving disputes that may arise in the process of implementing the law, as well as to ensure professional dialogue and mutual respect so that both advocates and journalists can do their work efficiently and without pressure.

The Committee on information policy and interaction with the Media has been designated by the UNBA to be responsible for organizing the work and has begun preparing proposals for a cooperation algorithm.

We remind you that, in accordance with article 23 of the Law «On the advocacy and the practice of law», it is prohibited to identify an advocate with his or her client. A similar principle is enshrined at the international level in article 18 of the UN basic principles on the role of advocates (Havana, 1990), which explicitly states that advocates should not be identified with their clients or their cases in connection with the performance of their professional duties.

Today, advocates are increasingly being targeted as hostages in the political persecution of their clients. Such actions not only undermine the authority and independence of the profession, but also create an atmosphere of intimidation, as a result of which citizens are deprived of their right to qualified legal protection.

At the same time, national legislation does not provide for liability for violations of this guarantee. This creates risks for the effective protection of advocates' rights, especially in cases where identification with a client is used as a tool for pressure or discrediting.

To address this issue, on July 16, the Verkhovna Rada adopted Law No. 4547-IX «On amendments to the code of Ukraine on administrative offenses, the Criminal Code and the Criminal Procedure Code of Ukraine to ensure compliance with guarantees of advocacy», which introduces a mechanism of liability for violations of professional guarantees. The document was sent to the President of Ukraine for signature.