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IRIS 2016-7:1/2 Council of Europe: Expert Opinion on the three draft acts regarding Polish public service media

Within the framework of an expert dialogue with the Polish authorities, the Council of Europe (CoE) entrusted two experts, Ms Eve Salomon and Mr Jean-François Furnémont, with the task of preparing an expert opinion on three drafts bills regarding Polish public service media (the draft “Media Law package”). These draft bills were submitted to the Sejm (lower chamber of Polish Parliament) on the 20 of April 2016 for discussion (see also IRIS 2016-2/22). The expert opinion focuses on how the proposed provisions (the draft Act on National Media, draft Act on Audiovisual Contribution and draft Act on...

IRIS 2016-2:1/22 [PL] New amendment to the Act on Radio and Television

On 8 January 2016, an amendment to the Act on Radio and Television came into effect immediately after it was signed by the President on 7 January 2016. The draft law was submitted to the Sejm (the lower house of the Polish Parliament) on 28 December 2015. The first reading in the Parliament took place on the following day. The next day, the draft law was referred to the Sejm committee, which accepted it on the same day. The second and the third reading of the Act, and consequently its passing by the Sejm, also occurred on that day. Then the Act was immediately referred to the Senate (the upper...

IRIS 2013-9:1/1 European Court of Human Rights: Węgrzynowski and Smolczewski v. Poland

The European Court of Human Rights (ECHR) has recently clarified the application of freedom of expression when conflicting with personality rights in the environment of online news media and digital archives. The case concerns the complaint by two lawyers that a newspaper article damaging to their reputation - which the Polish courts, in previous libel proceedings, had found to be based on insufficient information and in breach of their rights - remained accessible to the public on the newspaper’s website. They complained that the Polish authorities, by refusing to order that the online version...

IRIS 2013-5:1/36 [PL] VoD Provisions Incorporated into Broadcasting Act

On 28 February 2013, the Act amending the Polish Broadcasting Act entered into force (see IRIS 2013-1/32 for the draft amendment). The Act concerns content regulation of on-demand audiovisual media services (in particular Video on Demand - VoD). It is intended to constitute the last step of the transposition of the Audiovisual Media Services Directive 2010/13/EU (AVMSD) into Polish national law. The provisions regarding linear services had been implemented before (see IRIS 2010-8/41). The implementation process of the the VoD provisions involved a careful analysis of the market conditions and consumer...

IRIS 2013-1:1/32 [PL] Draft Amendment to the Broadcasting Act

On 5 September 2012 the Polish Government presented to the Parliament its draft Act amending the Broadcasting Act. This amendment aims at the full transposition of the Audiovisual Media Services Directive (AVMSD) into national law. The proposal basically concerns content regulation of on-demand audiovisual media services (video on demand - VoD). Provisions regarding linear services had been implemented earlier (see IRIS 2010-8/41). Poland thus follows the European Commission’s assessment that the Polish implementation of the AVMSD was not sufficient (see IRIS 2012-8/6, IRIS 2011-5/5, and IRIS 2010-8/4). On...