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Kyiv court ruling on Stus book shadowed by US storylines

Posted: | Filed under: Opinion | by Borderland staff

A Kyiv district court banned a book about the poet Vasyl Stus on 19 October 2020, as Ukraine also featured in a US election-season dispute over online speech.

What did it mean when a Kyiv court banned a book on 19 October 2020? Darnytskyi District Court of Kyiv granted a lawsuit by Viktor Medvedchuk seeking a ban on the non-fiction book "The Case of Vasyl Stus" by Vakhtang Kipiani. The ruling put a publication under legal prohibition at the request of a private litigant.

A court decision about a published work

The outcome is notable for what it did: a district court sided with a claimant against a work of journalism. Kipiani's book was a work of public-interest writing, and the court's decision removed it from lawful circulation. For anyone following Ukraine's reform agenda, the ruling raised an obvious question about how courts weigh individual claims against freedom of expression.

A parallel argument over speech abroad

Ukraine was also present in a very different debate in the days before. On 14 October 2020, the New York Post reported that newly uncovered emails suggested Hunter Biden had introduced his father, then-Vice President Joe Biden, to a top executive at the Ukrainian gas firm Burisma Holdings. The Post said it obtained the alleged emails from Rudy Giuliani, described as a top adviser to Donald Trump.

Twitter and Facebook announced the same day that they were limiting distribution of the article until it was fact-checked. On 15 October 2020, Twitter locked the Trump campaign's account for sharing private information without permission, in connection with a controversial Hunter Biden video. The account was later unlocked.

Two different disputes

The two stories were separate. One was a domestic court case in Kyiv; the other was a dispute in the United States over what platforms should circulate, with Ukraine as its backdrop. Both, however, concerned who may decide what the public gets to read. In Kyiv, a judge made that decision on 19 October 2020. In the American case, private companies made it.

That contrast is worth keeping in view when looking back at the date. The Kyiv ruling was a concrete legal act with a named claimant and a named author, and it deserves scrutiny on its own terms rather than as a footnote to events elsewhere.


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