Dialogue Between Courts and Media: Striking a Balance Between Freedom of Speech and Fair Trial
The international conference ‘The Rule of Law in the Age of Populism: Freedom of Speech and the Right to a Fair Trial,’ organised by the Supreme Court in cooperation with the Ukrainian Catholic University, projects of the Council of Europe and the OSCE Support Programme for Ukraine, took place on 24–25 October 2025 in Lviv.
The event was attended by representatives of the Supreme Court, the legislative and executive branches, the legal, academic, student and journalistic communities, as well as international organisations.
The aim of the conference was to discuss the interaction between the courts and the media, the development of the judicial branch’s communication activities, the factors shaping trust in the courts, and the impact of freedom of speech on the independence of the courts in the context of rising populism. The focus was on finding effective mechanisms to counteract the loss of public trust in justice and to ensure a balance between the protection of freedom of speech and the right to a fair trial.
Among the key issues highlighted were the need for modern, transparent communication by the judiciary, challenges to the independence of the judiciary, and the role of the media in shaping public opinion.
During his speech, Judge Dr Mykola Gnatovskyy of the European Court of Human Rights emphasised that the judiciary and the media are not separate from society, but are part of it. ‘The level of public trust in the courts depends on the extent to which society perceives the judiciary as part of itself, on the extent to which it is legitimate in the eyes of society,’ the judge noted. He stressed that Ukrainian society is currently in a unique situation, where as a state and a political nation we are defending our right to exist, so we must remain as united as possible. In conclusion, the speaker stressed that the partnership between the courts and the media is critically important due to the restrictions on judges’ freedom of expression and the need for a value-based discourse that takes into account the challenges faced by the judiciary.
During the discussions, a report by a Council of Europe expert from the Razumkov Centre on the level of trust in the Ukrainian judicial system and the factors that determine it was presented. The importance of continuing the dialogue between the judiciary, the public and the media in order to strengthen the legitimacy of justice in a democratic society was noted.
The conference participants concluded that in order to counteract the negative trends of populism, it is necessary to implement standards of transparency, openness and professionalism in the activities of the courts, as well as to deepen cooperation between all stakeholders in the legal sphere.
The event was organised with the support of the Council of Europe projects ‘Support to Ukraine in the implementation of Council of Europe standards on the judiciary’ and “Protecting freedom of expression and media freedom in Ukraine – Phase II‘, which are being implemented in accordance with the Council of Europe’s Action Plan for Ukraine ’Resilience, Recovery and Reconstruction” for 2023-2026, as well as the OSCE Support Programme for Ukraine.
