The National
Broadcasting Council

The draft bill (Draft of 3 July 2025, with an amendment of 6 August 2025) implementing the provisions of the Digital Services Act (DSA) into Polish law provides for the National Broadcasting Council (KRRiT) to be entrusted with new, important tasks related to supervising compliance with DSA provisions. The National Broadcasting Council is set to become one of the bodies responsible for overseeing intermediary service providers and enforcing DSA provisions. Regarding video-sharing platform providers such as cda.pl, Wykop, and others (of which there are currently 14 registered in Poland), the National Broadcasting Council will be responsible for supervising the application of the DSA, except for provisions relating to consumer contracts with businesses concluded at a distance.

Furthermore, regarding very large online platforms (VLOPs) that are VSP providers (such as YouTube), the National Broadcasting Council will cooperate with the European Commission, like other competent authorities from all Member States. This cooperation will involve providing the Commission with information on the application of DSA standards in Poland with regard to VLOPs, as well as signalling systemic problems and emerging threats, particularly in the area of systemic risk.

However, the draft taking into account the role of the National Broadcasting Council was not submitted to the National Council for its opinion at the final consultation stage. This raises concerns about transparency in the legislative process and respect for the National Broadcasting Council's position as a constitutional state body (Article 213(1) of the Constitution of the Republic of Poland).

The National Broadcasting Council is ready to fulfil its expanded mission within its remit. However, we would like to point out that the draft law does not provide additional funding for implementing new tasks.

The supervisory and decision-making responsibilities of the National Broadcasting Council (KRRiT) include:

• Orders to take action against illegal content and orders to provide information;
• Supervision of the obligations of VSP providers specified in the DSA towards internet platform providers, including fulfilment of information obligations, reporting and action obligations, detailed justification of decisions towards users, complaint systems, priority treatment of signals from trusted entities, content moderation, transparency of actions and online advertising, and protection of minors.

Proceedings and sanctions

The National Broadcasting Council, as the competent authority, will be able to:

- conduct investigative and control proceedings, including on-site inspections;

- demand access to information and documentation;

- issue decisions on violations of regulations, oblige the provider to implement agreed corrective measures and impose financial penalties.

National and European cooperation

The Chair of the National Broadcasting Council participates in the work of the European Digital Services Board, alongside the President of the Office of Electronic Communications, when matters falling within the competence of the National Broadcasting Council are discussed.

The National Broadcasting Council submits annual reports on the implementation of the DSA to the President of the Office of Electronic Communications. These reports indicate the number and nature of orders issued, among other things.

Lack of resources and comments from the National Broadcasting Council

Despite the significant expansion of its competences, the draft does not provide any additional posts or financial resources for the National Broadcasting Council. This violates Article 50 of the DSA, which requires Member States to provide the supervising authorities with sufficient resources for implementing the Digital Services Act.

The National Broadcasting Council's (KRRiT) ability to perform the above duties effectively and in a timely manner depends on adequate financial and human resources being provided. According to the Regulatory Impact Assessment (RIA) document, plans are in place to increase staffing numbers at the Office of Competition and Consumer Protection (UOKiK), the Office of Electronic Communications (UKE), and the courts:

• 11 new positions at the Office of Competition and Consumer Protection (UOKiK);
•  30 new positions at the Office of Electronic Communications (UKE); and
•  64 positions in the common courts.

However, the National Broadcasting Council has been completely overlooked.

Notwithstanding the above, in connection with the scope of its new competences, the National Broadcasting Council is requesting the following funding for:

• Funds for a content monitoring system (AI)
• Funds for a reporting platform
• Funds for a reporting system
• Funds for integration with the EU platform (Article 85 of the DSA)

Substantive and legislative comments

The National Broadcasting Council also highlighted the need for significant amendments to the draft, including:

• expanding the catalogue of 'illegal content';
• enabling the National Broadcasting Council to act ex officio in cases involving orders to take action against illegal content;
• extending supervision to other social media platforms, including text and photo sharing services, as well as video sharing services, with a view to implementing the right to information and freedom of expression.

The KRRiT also drew attention to legislative errors in the draft, such as incorrect references to non-existent provisions.