However, it has also adopted a second resolution which casts even further doubt on the future of Discovery in Poland because of the so called ‘Lex TVN’, which could force it to exit the country.
In its second resolution, KRRiT says that awarding TVN a licence runs counter to the Broadcasting Act as the broadcaster is wholly owned by a company outside the European Economic Area (EEA), albeit through a Dutch-registered company. It also says it would like the Constitutional Tribunal to analyse restrictions in the Broadcasting Act that apply only to Polish entities and not subsidiaries of those based in, and controlled from outside, the EEA.
In an official statement responding to KRRiT, TVN Discovery Group said it has “always met all the requirements set out in the Broadcasting Act. The resolution of the KRRiT on the licence for TVN24 clearly shows that there was no justification for delaying it for 19 months. At the same time, the KRRiT adopted a second resolution, the purpose of which is to implement the provisions of the Lex TVN Act but bypassing the legislative process and circumventing the veto announced by the President of the Republic of Poland. This resolution, like Lex TVN, forces Discovery to limit its activities in Poland and poses a direct threat to the rule of law and media freedom, and causes anxiety among foreign investors in Poland”.
Broadband TV News notes that TVN24’s current Polish licence is due to expire on September 26. TVN Discovery Group secured a Dutch licence for the channel last month.