Bill No. 10242, which is considering the Verkhovna Rada of Ukraine, can significantly complicate the activities of investigative journalists, in particular during the exposition of corruption. The main essence of the initiative is to criminalize unauthorized access, sale or distribution of data from public electronic registers. This may include information that is important for investigations, including the disclosure of state officials.
Criminal liability: fines from 2 to 4 thousand non -taxable minimum incomes. Imprisonment for up to 2 years. During martial law: punishment is exacerbated by imprisonment for a term of 10 to 15 years. There are no exceptions for corruption reveals, even if the information is socially significant.
Journalists who use data from public registers to expose corruption are at risk of criminal prosecution. The law does not take into account the public need for such investigations, even if the disclosure of information is justified by the public interest. During martial law, the risk of imprisonment increases significantly, which can have the effect of "cooling" on investigative journalism.
Journalists and public figures, including Mikhail Tkach, indicate that the adoption of this bill will create additional obstacles for transparency and fight against corruption. He emphasizes that even current Articles 361 and 361-2 of the Criminal Code are already used for pressure on investigators, and new changes will enhance this trend.
Public registers are often a source of data on the ownership of officials that investigators use to identify illegal enrichment or abuse of power. During the war, society expects greater transparency, especially in budget expenditures and corruption. However, increasing criminal liability can lead to the opposite effect - reducing public control.
If the bill No. 10242 is approved, it can be a serious step back in the fight against corruption in Ukraine. Journalists and NGOs urge the deputies to take into account the risks that this bill creates for transparency of the authorities, as well as the need to protect corruption reveals.
