LEGAL DETERMINANTS OF CRIMINALIZATION OF MASS MEDIA

Abstract

The article is devoted to identifying, describing and explaining the main legal factors of criminalization of the media. These rights include criminogenic gaps in the legal regulation of journalism, shortcomings in the legal regulation of criminal liability for rights being misused by journalists while collecting, receiving, disseminating, storage and other use of information, shortcomings of legal liability for defamation and humiliation made by media. It is proved that the current deep problems of the general legal support of modern media are the factors that determine the destructive process in which the latter, massively spreading anti-social views, ideas and attitudes, acquire the features of criminal institutions and, to some extent, contribute the participation of an individual or group of people in various types of deviant practices. At the legislative level, the earliest possible settlement is determined by a number of technical and organizational issues of the functioning of the Internet and its elements within the public information space. It is noted that according to Art. 21 of the Constitution of Ukraine, all people are free and equal in their dignity and rights, and in accordance with Art. 24 of the Basic Law, citizens have equal constitutional rights and freedoms and are equal before the law. In this regard, a reasonable balance should be struck between legal protection of journalistic activity and timely and effective state response to dissemination of disinformation, dissemination of misinformation through the order of a third party or in case of harm, bribery of a journalist or media, etc. Obviously, the fight against misinformation cannot be linked to the creation of appropriate repressive tools in the information sphere.