This project has received funding via the EUI Widening Programme call 2026. The EUI Widening Europe Programme initiative, backed by contributions from the European Union and EUI Contracting States, is designed to strengthen internationalisation, competitiveness, and quality in research in Widening countries, and thus foster a more cohesive European Higher Education and Research area.
On 15 December 2023, the European Council decided to open accession negotiations with Ukraine. Among other steps, Ukraine had just adopted a media law that aligned its legislation with the EU Audiovisual Media Services Directive, as recommended by the European Commission (EC). The EC noted the underfunding of the Ukrainian public service media providers, in contrast with Article 5 of the European Media Freedom Act (EMFA). Concerns have also been expressed by the European Court of Human Rights (ECtHR) regarding the protection of journalistic sources, and by the EC and the Council of Europe (CoE) on the independence of the National Television and Radio Broadcasting Council of Ukraine. In sum, Ukraine has to align its legislation with European standards.
Ukraine also lacks effective mechanisms to influence online platforms used for foreign information manipulation and interference (FIMI) and disinformation. This has led to the widespread (over)blocking of online resources in Ukraine. The EC stressed that such mechanisms lack sufficient legal safeguards and transparency. One of the biggest legal, political and technological issues concerns the feasibility of regulating online platforms under Ukrainian legislation and in line with the Digital Services Act (DSA), but outside the DSA framework (as Ukraine is not a Member State yet). A regulation that implies EU governance and independent national regulators capable of dealing with very large online platforms is missing.
Another major challenge for Ukraine regards the functioning of the United Telemarathon, i.e. unification of nationwide information TV channels into a 24-hour/7-day information marathon where the TV channels broadcast the same content simultaneously. Such an initiative was justified as a format to counteract Russian disinformation. However, three TV channels are prevented from participating in the United Telemarathon, which carries risks for external media pluralism and also for internal pluralism, if one pays attention to its permanent monitoring. Not surprisingly, the EC recommended that Ukraine continue "its efforts to maintain and gradually restore a transparent, pluralistic and independent media landscape, ensuring that restrictions imposed on security grounds are in compliance with key public rights and interests, such as access to information and media freedom".
As noted, "Ukraine’s accession process […] is unique given the war context": Ukraine is under martial law, no constitutional reform to implement media freedom would be possible because, under Article 157 of the Ukrainian Constitution, Ukraine cannot amend its Constitution "in conditions of martial law or a state of emergency". Russia will very likely continue to use disinformation even after the war ends, due to its "weaponising disinformation to undermine democratic institutions".
PROMPT therefore addresses the following research questions:
- What legislative reforms would be legally necessary and technologically feasible, in order to align Ukrainian media law with more recent European standards?
- What is the fair balance for Ukrainian legislation between different constitutional values in times of war and even beyond, to protect freedom of expression, media pluralism and transparency, and at the same time counteracting Russian disinformation and ensuring national cohesion?
PROMPT aims to identify solid foundations to design a legal framework that may result politically acceptable and legally effective in Ukraine, and compatible with European standards, against the background of the EU Rule of Law principles. This analysis can be also relevant in comparable cases of countries addressing analogous challenges in the context of EU accession.
For more information about the EUI Widening Europe Programme, please visit the official webpage.