The Polish Commissioner for Human Rights (RPO) has lodged an appeal with the country’s Constitutional Court (TK) against the media law enacted on December 31, 2015.
According to the RPO, it violates the constitutional guarantees of freedom of speech and freedom of the media, subordinating public radio and television directly to the government and ignoring the constitutional role of the National Council of Radio and Television (KRRiT).
In the RPO’s view, “freedom of speech and its associated media freedom are a constitutional principle. Public media should provide an institutional guarantee of freedom of expression and media pluralism in society. To fulfill this function, however, they must be characterised by independence from both political and economic interests”.
The RPO adds that its has appealed against the law after having undertaken an analysis and receiving a letter from the KRRiT, which is itself unable to approach the TK.
The RPO alleges that the new law ignores the fact that the KRRiT is constitutionally empowered to the creation (appointment) of the heads of public service media.
Although the law will in effect be repealed on June 30 this year and the TK’s judgement may no longer apply, the RPO says its effects will continue.
“The legislator is not free to suspend the rights and freedoms or political principles such as freedom of speech and freedom of the media that show the principle of the independence of public media. You cannot permanently or temporaririly make public media dependent on the government”.
