THE SYSTEM OF PRINCIPLES OF THE ADMINISTRATIVE AND LEGAL MECHANISM OF SUPERVISION AND CONTROL IN THE MEDIA SECTOR

Abstract

The article examines the system of principles governing the administrative and legal mechanism of supervision and control in the media sector. It substantiates the expediency of structuring this system according to a three-level model comprising constitutional and conventional principles, special statutory principles of supervision and control, and principles of state media policy. The first level includes the principles of legality, proportionality, prohibition of censorship, and non-interference with editorial activities. These principles have the highest legal force, define the external limits of the media regulator’s discretionary powers, and ensure compliance with the Constitution of Ukraine and Article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The article explains the three-part test for determining the lawfulness of restrictions on media freedom, which requires that an interference be prescribed by law, pursue a legitimate aim, and be necessary and proportionate in a democratic society. Unlawful censorship, legitimate editorial control, and official monitoring of media content are distinguished. The second level comprises the principles established by the Law of Ukraine “On Media”: equality of the rights and legitimate interests of media entities, protection of their rights, objectivity, impartiality, openness, transparency, non-interference, and independence of the National Council of Television and Radio Broadcasting of Ukraine. The particularities of implementing these principles during monitoring, inspections, and the application of response measures are identified. The third level consists of the principles of state media policy, including technological neutrality, prevention of duplication of supervisory powers, and effective supervision aimed at protecting the national media environment and information security. It is emphasised that the principle of non-interference performs a safeguarding function and prevents supervisory activities from being transformed into a concealed form of censorship. Compliance with the system of principles is determined to be a necessary condition for the legality of the media regulator’s decisions, proper justification of restrictive measures, protection of editorial independence, and effective judicial review.