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On March 31, 2023, the Law of Ukraine "On Media" enters into force which will strengthen the position of the Ukrainian language in this area
posted 23 March 2023 12:10

In particular, its corresponding novations on the definition of the Ukrainian-language program and the film are important from the point of view of protecting the rights of citizens to receive information in the state language.  

The current norm of the Law of Ukraine "On Television and Radio Broadcasting", which will become invalid on March 31, allows to include those programs, in which Ukrainian is used, only by presenters and allows the use of non-state language by other participants of the program without compulsory translation, duplication and even without subtitles.

From March 31, in accordance with the provisions of Article 40 of the Law of Ukraine "On Media", the program will be considered as aired in Ukrainian if speeches (replies) of the hosts (speakers) of the program, persons participating in the program, performed, translated using simultaneous or consistent translation, dubbed, voiced (taking into account the requirements of this Law) in Ukrainian. Exceptions apply only to indigenous languages, short replicas, and performances in reports from the scene, spontaneous replicas in live air (their duration may not exceed 10% of the duration of transmission), songs, clips, and short excerpts of copyright objets.  

Temporarily until July 17, 2024, the live broadcast of the Ukrainian-language program allows the use of non-state language in speeches, interviews, comments, explanations, questions, etc. by persons participating in the program (except for the presenters (speakers) of the program), or in separate replicas of the hosts (speakers) of the program in the amount stipulated by the creative plan of the program.

Also, it's eliminated the inconsistencies of various legislative acts on the definition of the film, performed in the state language. 

From the moment of entry into force of the Law "On Media," the film will be considered as made in the state language, if the sound track during its demonstration (distribution) is made, duplicated, or voiced in the state language. To realize artistic and creative design it is allowed in the film (except for children's and animated films) to use other languages in the amount of not more than 10 percent of the total duration of all replicas of the participants of the film, while all foreign language replicas are subtitled in the state language.

According to the current norm, the volume of Ukrainian-language programs, including films, cannot be less than 75% of the airtime. But according to the Law "On Media" the minimum share of the Ukrainian language on national television will increase from 75% to 90% - and not in July 2024, as planned earlier, but from January 1, 2024.  

We will keep you informed about other innovations related to the entry into force of the Law "On Media".

It should be noted that the Language Ombudsman continues to receive numerous appeals from citizens regarding the use of non-state language on broadcasts on separate TV channels. It is mainly about the use of the Russian language in entertainment TV programs on the TV channel "STB" (for example, "Kholostyak", "Supermama", "Battle of psychics", etc.) without duplication and subtitles.  

However, taking into account that the current legislation of Ukraine allows the use of non-state language in the air of television channels if the requirements for the volume of broadcasts in the state language are not violated, there are currently no grounds for responding to such cases, including by the State Language Protection Commissioner.

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