The National
Broadcasting Council

‘The National Broadcasting Council safeguards freedom of speech and the right to information. When implementing the DSA, we must ensure that the mechanisms put in place to combat illegal content do not become a tool for restricting public debate. The Council wants to remain a regulator, not a censor’, emphasised the chair of the National Broadcasting Council.

In her speech, she stressed that the implementation of the EU’s DSA provisions must be carried out with full respect for constitutional guarantees of freedom of speech and the right to information. She drew attention to the need to strike a balance between protecting internet users and ensuring that the new rules do not lead to arbitrary administrative decisions or constitute a form of censorship.

The KRRiT chair pointed out that the draft law implementing the DSA introduces a radical new solution: ‘notice and action’. This mechanism allows internet users to report illegal content on online platforms, requiring service providers to promptly review reports and take appropriate action, such as removing content or immediately closing channels that publish it. However, she pointed out that, in its current form, the draft does not provide clear, timely rules for appealing decisions to remove content. This could lead to channels or websites being blocked long term.

Charwoman Dr Agnieszka Glapiak, emphasised that the current provisions of the Broadcasting Act effectively provides oversight of audiovisual content, including that which is published on VOD platforms, with regard to protecting minors and counteracting incitement to hatred, violence, and disinformation. In the Council’s opinion, there is therefore no need to expand the catalogue of illegal content further, especially in a way that could restrict freedom of expression and media activity.

The National Broadcasting Council’s (KRRiT) recommendations regarding the implementation of the Digital Services Act include:

• A detailed analysis of the catalogue of illegal content identified in the draft law, in terms of the real risks of restricting the constitutional principle of freedom of expression, and its removal from the catalogue;
• The introduction of a clear, fast and effective appeal procedure within the ‘notice and action’  mechanism;
• Extending the KRRiT’s powers to all content published on the internet (including text content, such as posts, blogs and comments) in order to ensure consistent and professional supervision of its legality.