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On 4 November 2009 the Constitutional Tribunal assessed a motion of the Polish President to examine the conformity of certain provisions of the Act of 13 June 2008 amending the Act of 21 April 2005 on Licence Fees with the Constitution. The motion relates to provisions enlarging significantly the group of persons being exempt from the duty to pay licence fees. Concerns have been expressed that this might infringe the principle of legal security and the rule of law. Previously the following persons were exempted from the payment of licence fees: 1) persons who have been adjudged to: a) be classified...

On 24 July 2009 the Ministry of Culture and National Heritage published draft guidelines for the implementation of the AVMSD (“guidelines”) and opened public consultations. The consultations took place until 24 August 2009. After analysing the outcome of the consultations the guidelines will be sent for intergovernmental consultations leading to the formal adoption of the guidelines. The guidelines envisage that the AVMSD will be transposed into national law by amending the Broadcasting Act. The regulatory authority responsible for the audiovisual media services will be the National Broadcasting...

In one of its recent judgments the European Court of Human Rights found that the freedom of expression of a journalist employed by the Polish public television broadcaster (Telewizja Polska Spółka Akcjna, TVP) had been unduly restricted. The journalist, Helena Wojtas-Kaleta, received a disciplinary sanction after criticising in public the direction the TVP had taken. This sanction, and its confirmation by the Polish courts, was found to constitute a violation of Article 10 of the European Convention for Human Rights. In 1999 the national newspaper Gazeta Wyborcza published an article...

In September 2008 the Polish Ministry of Culture presented initial proposals for a new media law, concerning in particular public duties in audiovisual media services. On 18 March 2009 the project was introduced in the Parliament and in accordance with procedure the Sejm (lower chamber) passed the new Law on Public Duties in Media Services on 21 May 2009. On 25 May 2009 the Law was sent to the Senate (upper chamber). The Law amends provisions of the Broadcasting Act, which currently governs the audiovisual sector in Poland. It determines public duties of media services, rules and conditions organising...

On 27 February 2009 the National Broadcasting Council (NBC) announced the opening the application procedure for the first Polish digital multiplex. It is anticipated that there will be bandwidth for seven channels; three of them shall be public: TVP1, TVP2 and TVP3 and the others commercial: TVN, Polsat, TV4, and TV Puls (currently transmitted in analogue terrestrial mode). The commercial broadcasters must apply no later than 14 April 2009. TV Puls had been owned by The Order of Franciscans (60 %) with a minority share (35 %) held by News Corporation. News Corp. bought 25 % of TV Puls in June 2006...