In fresh days, in Poland, a heated discussion about the plans to introduce fresh regulations on blocking content on the net has intensified. The Ministry of Digital Affairs proposed that the president of the Office for Electronic Communications (UKE) should have the right to issue orders to block content on the network without having to get the court's consent and without the right of the organization to participate in the proceedings. This possibly revolutionary solution was met with the fierce opposition of the National Broadcasting Council (KRRiT), which believes that specified provisions may lead to a gross violation of the Constitution of the Republic of Poland.
The Ministry of Digitalism's proposal: Censorship without a court?
According to the information disclosed by the diary of Legal Newspaper, government plans for the implementation of the Digital Services Act (DSA) supply for rules to let for fast blocking of content deemed inappropriate. What is controversial? The decision-making process could take place without any judicial review, and authors of the deleted content would know about the blockade only after its imposition.
It is precisely the deficiency of control mechanisms over the decisions of UKE that is the subject of criticism from many environments, including the KRRiT. specified rules could, in the opinion of experts, lead to arbitrary decisions that restrict citizens' right to information and freedom of expression.
Constitution of the Polish Republic: Prohibition of preventive censorship
The proposal of the Ministry of Digital Affairs is in clear contradiction with Article 54 of the Polish Constitution, which clearly guarantees citizens freedom of expression and the acquisition and dissemination of information. A key component of this provision is the prohibition of preventive censorship.
However, the introduction of mechanisms to block content without the engagement of the court could be interpreted as a violation of this fundamental right. "Such solutions will lead to arbitrary decisions and restrictions on the right to information and expression of opinion, which is the basis for free media and civilian society", emphasises the KRRiT in its statement.
Position of the KRRiT: Strong opposition
On Monday, the KRRiT issued an authoritative message in which it powerfully protests the proposals of the Ministry of Digital Affairs. The Council defines the task as a ‘plan to introduce censorship online’, which constitutes a ‘dangerous breach’ of constitutional guarantees.
The message besides states that the KRRiT will not stay passive in the face of specified changes. "The National Council declares that if specified government is passed, it will take all legal steps to defend the constitutional rights of citizens and to hold the censors accountable," the Council says.
What about freedom of speech in Poland?
The controversy surrounding the DSA regulatory proposals shows how delicate and crucial freedom of speech is in the digital age. The introduction of rules to block content without judicial supervision may make a precedent that will affect the functioning of the media and civilian society in Poland.
Citizens, NGOs and institutions specified as the NRCs will gotta take decisive action to guarantee that the law does not become a tool for limiting fundamental rights. Will the government consider these many objections? The answer to this question will be crucial for the future of freedom of speech in Poland.
The National Broadcasting Council powerfully protests against the announcements of restrictions on freedom of speech in Poland – KRRiT position of 13 January 2025. pic.twitter.com/dL9jB5vSvJ
— KRRiT (@KRRiT__) January 13, 2025
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