LEX ANTI-TVN: CONFLICT CONTINUES The new media law being pushed through by the ruling camp has caused one of the most fierce political disputes, involving American senators and European Union politicians. Demonstrations have also taken place in the streets of Polish cities in defense of private TV broadcaster TVN, which will be the controversial bill’s first victim if the bill becomes law.
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n August 11, the lower house (Sejm) passed the draft bill. It was supported by 228 deputies, with 216 votes against and 10 abstentions. In the unanimous opinion of commentators, the new regulations, submitted to the Sejm by Law and Justice (PiS) deputies, are targeted at the independence of the TVN station. The proposed amendment to the Broadcasting Law changes the rules of granting licenses to media with capital from outside the European Economic Area. According to the draft, a license for broadcasting radio and television programs may be obtained by an entity based in a European Economic Area member state, provided that it is not a subsidiary of a foreign entity from outside the EEA. The amendment stipulates that television and radio stations operating on the basis of Polish licenses may be owned by entities with foreign, non-European shares not exceeding 49 percent. TVN is owned by the American Discovery Corporation. The new law would force the company to sell its majority stake. Marek Suski, a PiS MEP, said that the act is intended to protect the Polish media market against attacks from hostile countries. “After this law comes into force, TVN will not be liquidated, because the law does not interfere with economic freedom. And every state must protect its market,” he added. “This bill does not introduce any new fundamental changes. There is a provision in Polish law that allows 49 percent of capital from outside the EEA to participate in media enterprises. These regulations are in force,” Suski argued. On September 9, the Senate rejected the amendment to the Broadcasting Law by a majority of 16 votes. 53 sena18
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tors voted against the amendment, 37 were in favor and 3 abstained. “The team of advisors for the control of constitutionality of the law concluded that the amendment is unconstitutional in many points,” Senator Barbara Zdrojewska stated.
Marek Suski, Photo PAP
The Warsaw Voice
