The Kyiv Post’s victory in a U.K. libel case filed by billionaire Dmytro Firtash is only a positive glimmer in the global movement to promote democracy and protect legitimate free speech.

The Kyiv Post obviously welcomes a Feb. 24 ruling by London judge John Leslie dismissing a lawsuit brought by Ukrainian billionaire Dmytro Firtash against the newspaper for a July 2 story.

The article contained allegations of corruption and conflict of interest in the Ukrainian gas trade that Firtash is deeply involved in.

Instead of choosing to respond to the allegations, Firtash opted for litigation in an attempt – we believe – to silence this newspaper as a source of independent journalism.

It didn’t work this time. However, the battle over free speech will never be over and there is no reason to gloat. This case was never about the Kyiv Post alone.

It was about the global movement to promote democracy and protect legitimate free speech. Broad protections should exist for anyone – including journalists – who honestly try to unearth the truth about public figures, events and money.

English libel laws have been a major impediment to free speech because of the high costs of litigation and the reversal of a basic principle of justice that should put the burden of proof on plaintiffs, not defendants. Moreover, in the past, some London judges have accepted jurisdiction over cases in which neither plaintiff nor defendant had any significant ties to England.

In a common sense ruling, Leslie in London punched holes in Firtash’s claim to English jurisdiction.

He noted that the article in question was read by only a small number of people in the UK. He also found that Firtash had no substantial ties or reputation to defend in the UK. He called Firtash’s claim “tenuous in the extreme” and “almost an abuse of process.”

The newspaper has many people and organizations to thank for their support in this case.

First and foremost, Kyiv Post owner Mohammad Zahoor gets the credit for being part of a rare breed of media executives who not only believes in independent journalism, but is willing to defend it despite the risks.

Other organizations – when faced with similar threats – simply didn’t have the financial resources to defend themselves in London or the owners willing to do so.

Zahoor’s commitment to the Kyiv Post also includes substantial investment through its purchase nearly two years ago and subsequent expansion at a time of weak advertising revenue.

Zahoor’s policy of non-interference in editorial coverage means that Kyiv Post journalists are beholden to no one and allows us to adhere to the Society of Professional Journalists’ Code of Ethics. We can actually cover the news and give our opinions without fear or favor in trying to live up to our motto of "Independence. Community. Trust." 
 
This commitment is appreciated in the wider community. As European Union Ambassador to Ukraine Jose Manuel Pinto Teixeira told the Kyiv Post: “Media freedom and plurality are key prerequisites for a vibrant democratic society.

The Kyiv Post has gained the reputation of being committed to promote such values in Ukraine.”

The newspaper also is grateful to Mark Stephens, the famous London media lawyer who fought the good fight and won.

We also have received tremendous support from news media organizations and free-speech groups, including Article 19, the Index on Censorship, Drew Sullivan of the Center for Investigative Reporting, Peter Noorlander of the Media Legal Defense Initiative, Yuriy Lukanov of the independent trade union of journalists in Kyiv, the Organization for Security and Cooperation in Europe’s Representative on Freedom of the Media, the Society of Professional Journalists, Internews Ukraine, Reporters Without Borders and others.

Despite the victory, the threats to independent journalists and free speech remain. In fact, until English libel laws are changed and Firtash has abandoned litigation, the Kyiv Post is likely to keep a block on web traffic from U.K. Internet addresses to prevent similar claims in the future.

To Firtash, our message is unchanged: The Kyiv Post will continue giving you the coverage deserving of your high public profile as one of Ukraine’s richest and most powerful businesspeople.

But we, as always, will strive to do it fairly and will always seek your side of the story. We hope that now Firtash will take up our longstanding offer to get his response to numerous allegations made against him. We also pledge to correct factual inaccuracies brought to our attention.

This experience has been unpleasant, to say the least, and we would wish this hardship on no one.

The risks were high in fighting this claim. But since the end of November, when the lawsuit was filed, we have learned who the friends of free speech are and who the enemies to this cherished value are also.

We hope to use this experience to help others in this situation. And we will continue to support changes to English libel law.

We agree with British Deputy Prime Minister Nick Clegg: "It is simply not right when academics and journalists are effectively bullied into silence by the prospect of costly legal battles with wealthy individuals and big businesses. Nor should foreign claimants be able to exploit these laws, bringing cases against foreign defendants here to our courts – even if the connection with England is tenuous."

USUBC NOTE:  The ISTIL Group/Kyiv Post is a member of the U.S.-Ukraine Business Council (USUBC), Washington, D.C., www.usubc.org.

LINK: http://www.kyivpost.com/news/opinion/editorial/detail/98286/