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Legal status

Chapter IX of The Constitution of the Republic of Poland

of 2nd April 1997

The National Council of Radio Broadcasting and Television

Article 213

  1. The National Council of Radio Broadcasting and Television shall safeguard the freedom of speech, the right to information as well as safeguard the public interest regarding radio broadcasting and television.
  2. The National Council of Radio Broadcasting and Television shall issue regulations and, in individual cases, adopt resolutions.

Article 214

  1. The members of the National Council of Radio Broadcasting and Television shall be appointed by the Sejm, the Senate and the President of the Republic.
  2. A member of the National Council of Radio Broadcasting and Television shall not belong to a political party, a trade union or perform public activities incompatible with the dignity of his function.

Article 215

The principles for and mode of work of the National Council of Radio Broadcasting and Television, its organization and detailed principles for appointing its members, shall be specified by statute.

Broadcasting act of December 29, 1992

Chapter 2

The National Broadcasting Council

 

Article 5

The National Broadcasting Council (hereinafter referred to as “the National Council”) shall hereby be established and shall constitute the state authority competent in matters of radio and television broadcasting.

Article 6

1.  The National Council shall safeguard freedom of speech in radio and television broadcasting, protect the independence of media service providers and the interests of the public, as well as ensure an open and pluralistic nature of radio and television broadcasting.

2.  The tasks of the National Council shall be, in particular:

1)         to draw up, in agreement with the Prime Minister, the directions of the State policy in respect of radio and television broadcasting,

2)         to determine, within the limits of powers granted to it under this Act, the terms of conducting activities by media service providers,

3)         to make, within the scope set forth by the Act, decisions concerning broadcasting licences to transmit programme services, entry into the register of programme services, hereinafter the “register”, and keeping the register,

3a)    to grant to a broadcaster the status of a social broadcaster or to revoke such status, on terms laid down in the Act,

4)         to supervise the activity of media service providers within the limits of powers granted to it under the Act,

5)         to organise research into the content and audience of radio and television programme services,

5a)    to monitor the market of on-demand audiovisual media service for the purpose of identifying providers of on-demand audiovisual media services and evaluating their compliance with obligations arising under the Act,

6)         to determine fees for the award of broadcasting licences and registration,

6a)                        to determine licence fees in accordance with the principles set forth in the Licence Fees Act of 22 April 2005 (official journal “Dz.U.”, No. 85, item 728 and No. 157, item 1314, and of 2010, No. 13, item 70 and No. 152, item 1023),

7)         to act as a consultative body in drafting legal instruments  and international agreements related to radio and television broadcasting or on-demand audiovisual media services,

7a)             (expired),

8)         to initiate research and technical development and training in the field of radio and television broadcasting,

9)         to organise and initiate international co-operation in the field of radio and television broadcasting, including cooperation with regulatory bodies of Member States of the European Union competent for media services,

10)     to co-operate with appropriate organisations and institutions in respect of protecting copyright as well as the rights of performers, producers and media service providers,

11)     to hold public and open competitions to select members of Supervisory Boards of public radio and television broadcasting organizations,

12)     to initiate and support self-regulation and co-regulation in the area of provision of media services,

13)     to promote media literacy (media education) and to cooperate with other state authorities, non-governmental organizations and other institutions in the area of media education.

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