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.

On 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 senators 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

Photo PAP

Before that, a team of advisors to the Speaker of the Senate has drawn up a legal opinion in which they list objections to the bill’s compliance with the Constitution as well as with the 1990 Treaty Between the United States of America and the Republic of Poland Concerning Business and Economic Relations. The experts conclude that a number of constitutional principles have been violated, as well as specific articles of the aforementioned international agreement.

After the rejection of the bill by the Senate, it will return to the Sejm, where, according to most observers, the ruling majority will have great difficulty in gaining enough votes to override the Senate’s veto. If they are successful, however, the bill will be sent to the Polish president’s desk for signature.

The adoption of the controversial act by the Sejm was met with an immediate international response.

U.S. Secretary of State Antony Blinken expressed “deep concern.”

European Commission Deputy Commissioner Vera Jourova tweeted that “the draft Polish law on broadcasting sends a negative signal,” adding that “media pluralism and diversity of opinion is welcome, not fought against in strong democracies.”

Two official letters from U.S. senators have also been sent to the Polish authorities, expressing concern over both the issue of media freedom and the problem of freedom of American business to invest in the Polish market.

“We are not yet treated like Hungary in the United States, but we are already not far away from Mateusz Morawiecki being compared to Viktor Orban, who has full authoritarian control over the media in his country,” says Prof. Bohdan Szklarski, an Americanist. “Such a perception of Poland will not have a good impact on either mutual relations or the attitude of investors considering new ventures in the Polish market,” the academic adds.

In recent days, however, both ruling party representatives and President Andrzej Duda began to send signals that may suggest a change in their approach to what has been dubbed “lex TVN.” The head of state’s veto is supposedly a fallback solution that will allow the ruling camp to take a step back without suffering an image disaster or giving satisfaction to the opposition.

Duda called the planned media reform “highly controversial,” and stressed that any media re-Polonization moves should be based on market principles. The president added that the bill could seriously damage Polish-American economic relations and undermine foreign investors’ confidence in Poland. These words, spoken in an interview with wholly government-controlled television station TVPInfo, were taken as an indication of a possible veto of the controversial bill.

Law and Justice “calmly awaits” the president’s decision, PiS caucus leader and Deputy Sejm Speaker Ryszard Terlecki told reporters. The president “seems to be declaring he does not like the bill much,” he admitted. Terlecki denied that PiS had agreed with the president that the bill would be vetoed, as suggested by some media.

Meanwhile, news channel TVN24, part of the TVN group, was cleared to broadcast after September 26, media market regulator KRRiT said on its website.

“The decision ensures continuity for TVN24 program broadcasting also after September 26, 2021, regardless of the results of currently ongoing proceedings,” the regulatory statement read.

TVN24 was allowed to broadcast on the basis of a license of Discovery Communications Benelux BV, according to the statement.

TVN recently obtained a Dutch license for TVN24, to prevent a scenario in which the station would be left without a local license after the current one expired.

KRRiT has already sent its consent to TV operators to include TVN24 in their registers, KRRiT also said.

Poland’s media market regulator had been reluctant to extend a local license for TVN24, which was widely interpreted as manifestation of the ruling camp’s hostility toward opposition-friendly news channel.