On criminalization of propaganda in the context of the Russian-Ukrainian war: national and international experience

Abstract

This article raises the issue of ensuring information security of the state in the context of the russian-Ukrainian war, because its influence on the human psyche through propaganda is extremely dangerous. The article analyzes the reaction of Ukraine and some European Union countries to the spread of russian propaganda. Criminalizing the use of the propaganda symbol Z is a necessary response to the dissemination of information in support of war. The issue of ensuring the constitutional principle of freedom of speech becomes acute, but there should be no doubt if the propaganda symbols are perceived clearly. Supporting, endorsing or justifying war is against the basic principles of the European Convention on Human Rights to ensure world peace. There should be no misunderstanding about the purpose of using the symbol Z if it occurs in words written in the Cyrillic alphabet. A number of countries have also introduced criminal liability for the spread of russian propaganda. However, the position of legislators regarding the motivation of the crime is ambiguous. Unfortunately, some people believe in denazification and spread the corresponding symbols in public spaces. Is it possible to hold a person legally responsible in Ukraine and EU countries, if the person believes the propaganda machine? In Ukraine, such people, regardless of their intentions, will be prosecuted. And in some European countries, there is a trend of not bringing people to justice if a person believed in the liberating nature of the russian-Ukrainian war. This subject needs further scientific discussions.