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IRIS 2009-9:1/1 European Court of Human Rights: Case of Wojtas-Kaleta v. Poland

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 reporting...

IRIS 2009-7:1/29 [PL] New Law on Public Duties in Audiovisual Media Services

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...

IRIS 2009-6:1/27 [PL] Need for Development of TV Puls

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...

IRIS 2008-6:1/23 [PL] Standpoint on the Launching of Mobile Television in the DVB-H Standard

On 22 April 2008, the Polish National Broadcasting Council (NBC), a State regulatory authority in the field of broadcasting, presented its standpoint in reference to the launch of mobile television in the DVB-H standard. This position has been presented within the framework of public consultations announced by the President of the Office of Electronic Communications on the documentation of the tender of frequency reservation for the purpose of launching mobile television. The NBC expressed its support for the envisaged launching of a DVB-H platform, being the subsequent stage of the development...

IRIS 2008-6:1/22 [PL] Legality of State Aid for TVP S.A. Questioned

In February 2008, Poland's largest media group TVN asked the European Commission to examine whether Polish public television TVP S.A. infringes the EC competition rules and benefits from illegal state aid. Due to a dual system of financing of public television, which comprises of licence fees and advertising revenues, the competition on audiovisual market in practice could be distorted because of unjustified weakening of commercial broadcasters. TVN is of the opinion that, in particular, the legal definition of the public remit is not precise enough: TVP S.A. can finance commercial activity as...