The National Broadcasting Council (KRRiT) wins Supreme Court case concerning the interpretation of the concept of pornography
31.10.2025
The Supreme Court dismissed the complaint lodged by Telewizja Polsat and confirmed that the National Broadcasting Council Chair's decision to impose a penalty for broadcasting a pornographic film was justified. This ruling brings to an end the long-running dispute over where the line between erotica and pornography in the media should be drawn. This ruling is of significant importance for the practical application of the provisions of the Broadcasting Act. It confirms that assessing media content in the context of protecting minors from pornography is within the regulatory authority's remit, given its many years of legal and judicial experience in such matters.
On 22 October 2025, the Supreme Court (Case no. II NSKP 32/24) upheld the decision of the Chair of the National Broadcasting Council (KRRiT) to impose a PLN 15,000 fine on Telewizja Polsat in 2020. This was in relation to the broadcast of the film ‘Madame Eve and Her Girls’ on the Polsat Play channel. The KRRiT found that the programme contained pornographic content, which, according to the Broadcasting Act, cannot be disseminated.
Telewizja Polsat appealed against the decision, arguing that the film was erotic in character and should not be classified as pornographic without an expert opinion. However, the Supreme Court did not agree. In justifying the ruling, the Court stated that the concept of ‘pornographic content’ is a normative (legal) term under the Broadcasting Act rather than a medical or sexological one. To determine whether a given case contains pornographic scenes and content, it is necessary to establish whether they:
- focus exclusively on the physical aspects of human sexuality and sex life;
- omit the emotional or personal dimension of relationships; and
- show sexual organs in the performance of sexual acts; and
- present their main purpose – to excite the viewer.
According to the Supreme Court, the film broadcast on Polsat Play met these criteria; therefore, the KRRiT's decision to impose a penalty was correct.
This ruling is significant not only for this particular case, but also for media supervision practices. It confirms that the National Broadcasting Council, as the body responsible for protecting minors and ensuring compliance with broadcasting standards, has the right to independently assess the nature of broadcast content based on applicable regulations and established case law.