Facebook scandal: Was the Trzask run illegally funded?

On the eve of the decisive phase of the presidential campaign, the media revealed the scandal associated with the publication of controversial electoral spots on the Facebook platform. Spots, published by profile names “You Know How It Isn’t” and ‘Adult Table’, they had a clear political speech – they promoted Rafał Trzaskowski and at the same time hit his competitors: Karol Nawrocki and Sławomir Mentzen. What was peculiarly worrying, their production was intended to include persons associated with the Foundation Action Democracy, and the financing of advertising could have come from outside Poland.

Journalistic reports, in peculiar the investigation of Virtual Poland, revealed that these actions could have been conducted without the cognition of the authoritative election staff of Trzaskovsky, which did not halt the avalanche of political accusations. The state NASK institute warned of a possible effort to interfere with the presidential election through a disinformation campaign, and the case was reported to the interior safety Agency and Meta – the owner of Facebook.

The scale and the way in which the run is conducted rise serious legal doubts, both in the context of the government on the financing of elections and the usage of social media for electoral agitation. The article will examine in detail:

• what the media investigation looked like,
• what were the reactions of politicians of different options,
• and the legal consequences for the persons and organisations involved.

The case has the possible to influence the full electoral run and spark debate on the transparency of democratic processes in Poland.

The spots were published by 2 profiles: “You Know How It Isn’t” and ‘Adult Table’, which, although stylized for independent bottom-up initiatives, de facto conducted a very costly media run of a clearly political nature. According to the findings of journalists, through these profiles were issued over PLN 420,000 to advance content on the Internet, of which 230 1000 PLN was allocated only within 1 week, making them more financially active than many authoritative election committees. These advertisements promoted Rafał Trzaskowski, presenting him in a affirmative light, while criticizing another candidates, especially Karol Nawrocki and Sławomir Mentzen.

Spots took the form of short films stylized on the speeches of average citizens – which suggested spontaneousness and authenticity. However, Virtual Poland has identified at least 3 participants of these recordings, who – as it turned out – had individual or organisational ties to the Foundation Action Democracy.

Additionally, journalists established that the production and distribution of films was carried out by the company Estratos, registered in Vienna and managed by Hungarian citizens. 1 of them was Adam Ficsor, a erstwhile Hungarian Minister of peculiar Services. This alone raises serious questions about possible financing of campaigns from abroad and possible interference of external entities in the Polish electoral process.

First foundation Action Democracy demented any links to these profiles, claiming that there was no cognition of those responsible. However, under force from the disclosures, the foundation admitted that certain individuals associated with its structures — including volunteers and 1 of its employees — gave individual recommendations to participate in spots. The authoritative message explained that the request to indicate the movie participants came from an IT company cooperating with the foundation.

President of Action Democracy, James Kotian, he was previously an assistant to the social MP of the Civic Coalition, Iwona Karolewska, and in 2020 he was awarded the president of Warsaw Award by Rafał Trzaskowski himself. This kind of individual relation has sparked additional controversy and speculation about informal relationships between the foundation and the Trzask electoral committee.

In consequence to the expanding wave of charges, Staff of Rafał Trzaskowski he released a message in which he unambiguously cut himself off from the authorship and issue of spots. The Committee ensured that it had no cognition or influence on their improvement and that the full task was held outside its structures. This message was intended to cut off speculation on illegal run financing, but for any public opinion and politicians – especially from the Law and the Confederation – it was not sufficient.

Virtual Poland continues its investigation, suggesting a larger network of links between non-governmental foundations, abroad companies and political campaigns, making it even more complicated. This has become 1 of the main themes of public debate in fresh weeks before the elections, launching an avalanche of comments, requests for clarifications and investigative initiatives.

In consequence to media reports regarding an advertising run conducted on Facebook by anonymous profiles promoting Rafał Trzaskowski, Scientific and Academic Computer Network (NASK) – a investigation institute supervised by the Ministry of Digital Affairs – issued an authoritative message. The information contained in it raised large concern for the public and public services. NASK indicated the existence of "political advertising that can be financed from abroad"which, in accordance with Polish electoral law, may constitute a serious violation.

The Communication stressed that the activities undertaken by these accounts were of a disinformation nature and could have been seemingly beneficial to 1 of the candidates and at the same time discrediting to its competitors. The institute's experts suggested that the full process could be a provocation aimed not only at supporting Rafał Trzaskowski, but besides discrediting him in the eyes of voters and destabilising the electoral process.

It is worth noting that NASK did not straight indicate any candidate by name, but the journalistic findings – especially the publications of Virtual Poland – rather clearly linked the content published by the profiles “You Know How It Is” and “Stół Adults” with the promotion of Trzaskowski. In addition, it indicated very advanced expenditure on advertising – over PLN 230 1000 in 1 week – which raised questions about their source.

In consequence to the above findings, NASK reported the case to Meta, the owner of Facebook and besides to Internal safety Agency (ABW). According to the spokesperson for NASK, the institute itself does not have investigative tools, therefore, the task of the ABW is to further analyse financial flows, personnel unions and possible abroad impact on the campaign. The typical of NASK pointed out that their operation is based on public and publically available sources, and it is the ABW that has the chance to scope “full data”.

NASK denied that he had previously had cognition of the Foundation's connections of Action Democracy with the activities discussed. Although Jakub Kocjan, president of the Foundation, was a associate in NASK training for NGOs and journalists, the institute noted that these trainings had open nature and did not mean any cooperation or recommendation.

There are besides worrying reports that any of the materials may have been prepared in cooperation with the company. Estratos based in Vienna, led by a individual with a political past in Hungary. These elements may propose potential abroad component, which, according to NASK, further justifies the engagement of safety services.

At this stage, the case has not only become a media scandal, but besides State information safety issue. Further developments depend on the findings of the ABW and the possible actions of the prosecution and the State Election Commission, which have been called upon to deal with the substance by opposition and ruling organization politicians.

Information on the possible illegal financing of Rafał Trzaskowski's run was rapidly picked up by politicians Rights and Justice (PiS) and Confederationswho immediately treated them as evidence of serious violations of electoral law and possible political fraud. In the statements of the leaders of these groups, the accuser's speech prevailed, and their actions rapidly became authoritative – including announcements to submit notices to the prosecution and the State Election Commission.

One of the first politicians to talk was Mariusz Błaszczak, erstwhile Minister of National Defence and prominent typical of the Law and Justice. During his speech in the Sejm, he stated:

“We are dealing with a classical case of hidden run funding. It is not only fraud towards the public, but besides a threat to the transparency of elections and their fairness."

Members besides took a peculiar initiative Przemysław Czarnek and Andrzej Plumwho went to office NASK with an effort to carry out parliamentary control. As reported by Czarek at a press conference, they were first detained by safety and allowed only by chance, and for 45 minutes they waited at reception for a gathering with the directorate of the institute. Finally, as they claimed, they met not with the director, but with representatives of the legal department who only received written questions.

Black and Plums accused NASK that in their message did not straight identify Rafał Trzaskowski as a beneficiary of the campaign, although in their opinion, the data clearly indicate that its image was promoted. In addition, they asked questions about, whether the ads were effectively blocked by Meta, as suggested in the Communication, and detailed reports on the activities of the 3 profiles analysed.

In the conference, Plum admitted that they had received confirmation from NASK staff that the run raised concerns about illegal funding And possible abroad interference. He called the situation "a circus around the election campaign" and announced further follow-up.

Representatives Confederationsof which Sławomir Mentzen, besides not the remaining passive. As 1 of the candidates attacked in advertising, he publically expressed outrage:

“Someone spent hundreds of thousands of gold to slander me and at the same time advance the candidate of the establishment. This is simply a scandal that should end with indictments.”

Mentzen announced that his committee was besides preparing proposals for PKW and Meta. He added that the full issue shows an expanding threat to the integrity of the democratic process in Poland. The Confederation besides stressed the request to research abroad links, pointing to Estratos as a possible channel of illegal financing.

The joint communicative of the PiS and the Confederacy was clear: requiring full transparency, drawing legal consequences and recognising the case as a threat not only to the run but besides to state information security

In view of the expanding accusations made by Law and Justice and the Confederation, Rafał Trzaskowski and his election staff decided to take the position rapidly and unequivocally. On the day of publication of the Virtual Poland investigation, the staff released official statementIn which he clearly cut off from any relation with controversial spots promoting his Facebook candidacy.

"Electoral Committee of Rafał Trzaskowski is not the author or principal any material published by the ‘You Know How Not Is’ and ‘Stock of Adults’ profiles. All related activities were carried out without cognition and approval of the staff“ – highlighted in the Communication.

The staff besides added that this situation constitutes threat to the transparency of the electoral process and should be clarified as shortly as possible by the applicable state institutions, including the interior safety Agency, the State Election Commission and law enforcement authorities. Trzaskowski himself spoke publicly, appealing for peace and not utilizing the case for political games.

“We have nothing to hide. If fraud has occurred, even if it has been done by those acting on their own initiative, the substance should be clarified to the end. But it cannot be that with the aid of innuendos and conjectures a hatred run is being conducted," said Trzaskowski during a press conference.

The politician besides suggested that the full situation might be purposely caused by confusion just before the key electoral run to undermine its credibility. However, he pointed out that alternatively of speculation, it was essential to wait for the authoritative findings of the applicable services.

Trzaskovsky's election staff besides announced that conduct an interior auditto make certain that no of his surroundings acted in a way that violates the laws or electoral ethics. At the same time, he again called for equal treatment of all candidates by supervisory authorities, stressing that the allegations against his run are based on "personal associations alternatively than evidence".

In this situation, although formally the staff has not been straight linked to controversial activities, public force does not decrease. For the public, the statements may not be adequate – clear results of the proceedings conducted by the service and PKW are expected.

Possible legal consequences

The scandal around illegally promoted election spots on Facebook, allegedly supporting Rafał Trzaskowski, raises serious questions about compliance with the electoral law in force and Act on the financing of electoral campaigns in Poland. From a legal point of view, the consequences may be serious, both for those straight active in the production and publication of materials and for possible political beneficiaries, if their actual connection with the case is demonstrated.

Financing campaigns outside the authoritative committee

According to the Act of 27 September 1997 on Political Parties and the Electoral Code, electoral run expenditure may be borne only by a registered electoral committee. Any material support, including financing of online advertising that does not pass through the committee's account, may be considered as illegal origin of funding.

In the case of these advertisements, which, according to Virtual Poland's arrangement, cost a full of over PLN 420 thousand, there is simply a hazard that they were paid without authoritative structures. Furthermore, the findings indicating the abroad participation of the company (Estratos) in the production of content may be subject to the provisions on ban on abroad run financing – which is explicitly forbidden in Poland.

Potential allegations and procedures

If the investigation by ABW, PKW or D.A. confirm that these advertisements were a form of electoral agitation, and their backing took place in violation of the law, those active may hear allegations based on:

• Article 506 of the Electoral Code – talking about backing campaigns from unauthorised sources,
• Laws to combat unfair competitionif the action was a deliberate misinformation,
• or even provisions of a threat to national securityif it is confirmed that the funds came from abroad in an intentional manner.

In addition, administrative sanctions are possible in the form of:

• disqualification where it is considered to have been the beneficiary of illegal activities,
• financial penalties for persons and entities involved,
• and including abroad companies (such as Estratos) in the list of covered entities national restrictive measures or sanctions.

The function of PKW and Meta

The State Election Commission may initiate ex officio investigation, examining the data presented by NASK, the media and stakeholders. It can besides apply to Facebook (Meta) for a detailed advertising report, including payer data, coverage, content and run metadata.

If Meta does not make the data available or tries to hide information, it may deepen the crisis of assurance in the function of digital platforms in Polish electoral processes and provoke statutory amendments to regulate online political advertising.