national and religious intolerance; humiliation or insult to an individual or nation on
the grounds of nationality, religion, or ignorance; and the propagation of ‘‘drug addition, toxicology, alcoholism, smoking and other bad habits.’’ (Article 161 of the Criminal Code provides for punishment for incitement of national, racial, and religious
intolerance, and demeaning of national honor and religious beliefs.)
The National Expert Commission for the Protection of Public Morals (NECPPM) has
the authority to monitor and evaluate media materials (including the Internet), issue
conclusions on their compliance with the Law on Protection of Public Morals, and propose revocation of operators’ licenses in case of violation. 45 The commissioners of the
NECPPM are approved by the Cabinet of Ministries. Since 2008, the NECPPM has
made several decisions about TV broadcasts, movies, and books that provoked significant controversy in the electronic media community. For example, in November
2008 the commission decided that the Russian-based social network ‘‘V kontakte’’
(vkontakte.ru) contained pornographic materials and instructed the Ministry of Foreign Affairs to address the embassy of the Russian Federation to Ukraine on this issue,
in order to prevent further dissemination of such materials by the social network. 46
Subsequently, on March 20, 2009, the Internet Association of Ukraine and the commission signed the Memorandum on Cooperation about Security Issues in the ‘‘.ua’’
Domain. 47 The association and its members took on the responsibility for monitoring
the Ukrainian domain and preventing dissemination of materials violating the Law on
Protection of Public Morals.
In September 2005, the Cybercrime Convention of the Council of Europe was ratified by President Yushchenko, with reservations regarding the possession of child pornography and misuse of devices. Ukraine has also signed and ratified the Optional
Protocol to the Convention on the Rights of the Child on the Sale of Children, Child
Prostitution, and Child Pornography. Prohibition of the importation, production,
sale, and distribution of child pornography in Ukraine is detailed in Article 301 of the
Ukrainian criminal code. However, there is no prohibition of the possession of such
material.
In December 2008, the Ministry of Internal Affairs searched the premises of one of
the most popular Ukrainian file-exchange networks (infostore.org) and confiscated
servers and other equipment under the pretext that the network was hosting pornographic materials. The owners insisted they provided the required information beforehand and protested against the actions of the law enforcement authorities. Since this
incident, infostore.org has been unavailable. 48 The ministry’s actions were underpinned by a decision of the National Expert Commission for the Protection of Public
Morals.
In October 2008, MP Pavlo Ungurjan (Bloc of Yulia Tymoshenko) submitted a draft
law on combating child pornography. 49 He suggested imposing obligations on ISPs to
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Ukraine
the grounds of nationality, religion, or ignorance; and the propagation of ‘‘drug addition, toxicology, alcoholism, smoking and other bad habits.’’ (Article 161 of the Criminal Code provides for punishment for incitement of national, racial, and religious
intolerance, and demeaning of national honor and religious beliefs.)
The National Expert Commission for the Protection of Public Morals (NECPPM) has
the authority to monitor and evaluate media materials (including the Internet), issue
conclusions on their compliance with the Law on Protection of Public Morals, and propose revocation of operators’ licenses in case of violation. 45 The commissioners of the
NECPPM are approved by the Cabinet of Ministries. Since 2008, the NECPPM has
made several decisions about TV broadcasts, movies, and books that provoked significant controversy in the electronic media community. For example, in November
2008 the commission decided that the Russian-based social network ‘‘V kontakte’’
(vkontakte.ru) contained pornographic materials and instructed the Ministry of Foreign Affairs to address the embassy of the Russian Federation to Ukraine on this issue,
in order to prevent further dissemination of such materials by the social network. 46
Subsequently, on March 20, 2009, the Internet Association of Ukraine and the commission signed the Memorandum on Cooperation about Security Issues in the ‘‘.ua’’
Domain. 47 The association and its members took on the responsibility for monitoring
the Ukrainian domain and preventing dissemination of materials violating the Law on
Protection of Public Morals.
In September 2005, the Cybercrime Convention of the Council of Europe was ratified by President Yushchenko, with reservations regarding the possession of child pornography and misuse of devices. Ukraine has also signed and ratified the Optional
Protocol to the Convention on the Rights of the Child on the Sale of Children, Child
Prostitution, and Child Pornography. Prohibition of the importation, production,
sale, and distribution of child pornography in Ukraine is detailed in Article 301 of the
Ukrainian criminal code. However, there is no prohibition of the possession of such
material.
In December 2008, the Ministry of Internal Affairs searched the premises of one of
the most popular Ukrainian file-exchange networks (infostore.org) and confiscated
servers and other equipment under the pretext that the network was hosting pornographic materials. The owners insisted they provided the required information beforehand and protested against the actions of the law enforcement authorities. Since this
incident, infostore.org has been unavailable. 48 The ministry’s actions were underpinned by a decision of the National Expert Commission for the Protection of Public
Morals.
In October 2008, MP Pavlo Ungurjan (Bloc of Yulia Tymoshenko) submitted a draft
law on combating child pornography. 49 He suggested imposing obligations on ISPs to
256
Ukraine