(available in English & Russian)
This non-paper aims to facilitate the OSCE participating States in formulating
national and international law and policy toward the current spread of propaganda
intertwined with the conflict in and around Ukraine. It distinguishes two sorts of
propaganda in the contemporary world. The first is called propaganda for war and
hatred; it demands legal action with appropriate measures in accordance with
international human rights law. The second type of propaganda combines all its
other faces. It may be against professional standards of journalism, but does not
necessarily violate international law.
This non-paper reviews OSCE and other international commitments in regard
to hateful international propaganda in the context of the obligations of the
participating States on freedom of expression and freedom of the media. The
particular focus lies on the relation between Article 19 (on freedom of expression)
and Article 20 (on banning war propaganda and incitement to hatred) of the
International Covenant on Civil and Political Rights (ICCPR) and its interpretations
by the UN Human Rights Committee (UNHRC).
An international policy on propaganda is hampered by the lack of clear definitions
of essential terms, which does not allow for a more consistent application on
the international and national levels. In particular, national courts and regulators
struggle in their analysis of “propaganda,” “hatred,” “incitement” and “war.” At the
same time this should not preclude governments from making a greater effort to
effectively apply existing, internationally accepted and even required prohibitions
in national law.
The non-paper reviews attempts to counteract propaganda through national laws
that restrict foreign media messages and foreign media messengers. A check
of existing constitutions and national statutes proves that there are traditional
legal tools to stop dissemination of hate speech, although such tools might not
be widely used by the judiciary. It also examines a few cases of propaganda
reviewed by self-regulation bodies of journalists.
The non-paper reiterates the position of the OSCE Representative on Freedom
of the Media regarding propaganda during the Ukrainian conflict, expressed
earlier in reports to the OSCE Permanent Council, public communiqués and
other statements. It calls for acknowledging the need to find a modern rationale
for regulation of hostile propaganda and suggests relevant recommendations to
governments, the judiciary, civil society and media organizations in the OSCE
region and beyond.