The National
Broadcasting Council

‘For a public broadcaster, the obligation to comply with regulations concerning commercial communications is particularly important. Maintaining the highest standards is essential for fulfilling the public service mission, and any breach of these standards must be met with a firm response from the regulator’, emphasised Dr Agnieszka Glapiak, Chairwoman of the National Broadcasting Council (KRRiT).

The case concerned a programme featuring the products of a jewellery brand and its trademark. The evidence gathered showed that the course of the conversation and the way the programme was produced were significantly geared towards promoting the products.

The TVP2 in liquidation programme featured promotional content on numerous occasions, including highlighting the merits of the jewellery and referring to the brand’s sales offer. Importantly, the visual elements of the programme reinforced this message further.

The products were presented in numerous close-ups and displayed in the foreground, while the trademark remained visible in the set design. The display covered various categories of jewellery, which the Court considered amplified the promotional effect, giving the entire programme an advertising character.

In its judgment, the Court concurred with the Chair of the National Broadcasting Council (KRRiT) regarding both the classification of the infringement and the validity of the penalty imposed. It was noted that excessive product placement is determined by an overall assessment of its presentation. This includes, amongst other things, the intensity and repetition of the message, the framing, and the accompanying verbal references.
The Court also confirmed that the infringement was significant. This concerned the absolute prohibition on excessive product-placement promotion, which aims to protect the audience and ensure a clear separation between commercial messages and editorial content. Such actions were emphasised as undermining the fundamental principles of the media market, including transparency of messaging and viewer protection.

The Court also concurred with the Chair of the National Broadcasting Council that the fine was proportionate to the nature, gravity, and circumstances of the case, including the fact that it was a repeat offense.

The judgment also emphasised the unique position of a public broadcaster. As a public service entity funded by the state, Telewizja Polska S.A. in liquidation is obliged to maintain higher standards of legal compliance, including regulations governing commercial communications.

The Court indicated that a breach of these obligations by such an entity should be assessed more severely than in the case of commercial broadcasters. This factor was taken into account when determining the penalty.

This is yet another favourable ruling for the KRRiT, following three recent favourable rulings by courts of first instance in similar cases. This case law confirms the consistency and accuracy of the National Council’s approach, as well as the legitimacy of the supervisory measures taken in the area of commercial communications.