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Another victory for the National Broadcasting Council in a case concerning prohibited alcohol advertising

17.10.2025

The Court of Appeal in Warsaw upheld the Chairman of the National Broadcasting Council's decision to impose a financial penalty on TVN S.A. for broadcasting prohibited alcohol advertising. This ruling confirms the legitimacy of the Council's actions in protecting viewers from the promotion of alcoholic beverages that are illegal under Polish law.

TVN ang

'The Court of Appeal's ruling confirms the National Broadcasting Council's interpretation of the provisions protecting viewers from unauthorised promotion of alcoholic beverages. It also indicates that, in light of the objectives of the Act on Upbringing in Sobriety and Counteracting Alcoholism, the concept of advertising alcoholic beverages should be interpreted more broadly than that applied to other goods or services, precisely because of the need to reduce alcohol consumption and promote healthy attitudes in society,' said Dr Agnieszka Glapiak, Chairwoman of the National Broadcasting Council.

On 22 September 2025, the Court of Appeal dismissed TVN S.A.'s appeal against the Chair of the National Broadcasting Council's decision of 23 December 2020 to impose a financial penalty for broadcasting an advertisement for alcohol on TVN24.

The case concerned a report on the sponsorship of the culinary event 'In Search of the True Taste' by a wine producer. The National Broadcasting Council (KRRiT) found that the message provided more information about the event's sponsorship than was permitted and was actually an advertisement for an alcoholic beverage, which is prohibited by the Broadcasting Act.

The court agreed with the KRRiT chairperson's argument, confirming that information about sponsorship can only be considered lawful if it meets the conditions set out in Article 13(1)(6) of the Act on Upbringing in Sobriety and Counteracting Alcoholism.

It must only provide the name (or trademark) of the manufacturer or distributor of beverages containing up to 18% alcohol, and it must not be presented by a natural person or using the image of a human figure.

In its judgment, the Court pointed out that 'from the first scene of the commercial message in question, it is clear that it concerns wine (…) .This evokes positive associations with the trademark in the mind of the recipient, linking it with the vineyard and wine barrels shown.'

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