November 20, 2012 the new Criminal Procedure Code came into force. The new CPC also touches media fields, namely provides right of journalists not to disclose their sources of information and to refuse to give testimony in the investigation of criminal cases. As stated in P.6 of Part 2. Article. 65 of CPC.
Also, the Code contains new counterparts, which suggest that the information in the possession of a media outlet or journalist and provided them if there is a disclosure of authorship or sources of information related to legally protected secrets (Part 1 st.162).
Besides, the new CPC prohibits involvement of confidential cooperation during the undercover investigation (…) journalists if such cooperation will be linked to the disclosure of confidential information of a professional nature (part 2. a.275).
In the opinion of Taras Shevchenko, director of Media Law Institute, this is a positive change in the legislation of Ukraine: these corrections were made to the Criminal Procedure Code for the first time, however, they provide a framework protecting the media and meet European standards, which provide for the protection of journalists’ sources.
Among the disadvantages it is worth noting the lack of CPC’s clear definition of “journalist” that casts doubt on the possibility to use this legal right by operators, film directors and producers who collaborate with journalists and possess relevant information. Also outside the protection remain workers of online publications, bloggers, and representatives of other new media.
It should be noted that the proposals of MP Andriy Shevchenko to the Criminal Procedural Code of Ukraine, which clearly provided protection for all media and bloggers, were rejected.