A good step in working on the bill to defend children from pornography. We call on Members to proceed their work

czir.org 1 month ago

Representatives of the legislative initiative committee "Stop Narcotics Pornography“ They gave to the Marshal of the Sejm Request letter to proceed as shortly as possible with a civilian bill protecting minors from pornographic content. On 29 January the three-month suspension period ended (standstill principle) imposed by the European Commission in September 2025 on Citizens' bill (Serial printing No 1006) lodged at the Sejm on 20 December 2024. together with the signatures of 212 1000 Polish citizens. During these 4 months, Poland could not proceed with civilian task – its comments on Technical Regulations Information strategy procedure (TRIS, notification number: 2025/0545/PL) representatives of the European Commission (17 December 2025), who stressed the request to adapt the rules to EU Directive of 8 June 2000 The amendments were besides received from the Italian Government (29 December 2025), which indicated the similarity of the proposed solutions to the government the Italian Regulation of 8 April 2025. Due to the duration of this procedure, on 18 December 2025, Joint meeting A decision was taken to extend the deadline for submitting a study on the citizens' project. However, now that the four-month suspension period is over, the committees should urgently address the civilian project.

In order to bring the draft into line with the European Commission's expectations, the Committee's representatives submitted a letter to the Marshal of the Sejm on Thursday 5 February 2026 asking Members to urgently adopt amendments to the draft law referring to French solutions. France adopted nearly 6 years ago Act of 30 July 2020., whose provisions provided for preventing minors from accessing pornographic content on the Internet. Those provisions, together with the Implementing Decree of 7 October 2021., however, they were challenged, inter alia, by pornographic portals based in the Czech Republic, which maintained that the law, for entities established in another associate States of the European Union, was incompatible with the EU rule of freedom to supply services. Judgment of 17 October 2024. The Court of Appeal of Paris has asked the Court of Justice of the EU to hear the case. Advocate General of the Court of Justice Maciej Szpunar issued Opinion of 18 September 2025 (which in practice forms the basis for the future judgement of the CEU) in which he acknowledged the right of the Czech entities. In the meantime, however, France has amended its government by adopting Act of 21 May 2024 on the safety and regulation of digital space (Sécurité et Régulation de l’Espace Numérique, SREN), which has successfully undergone the TRIS procedure (notification number: 2023/0632/FR), unlike erstwhile legislation, gaining the acceptance of the European Commission. The essence of the French amendment of 2024 is to differentiate the scope of the Act to entities established in France or outside the European Union (unconditionally) and to entities established in a associate State of the European Union another than France (conditionally, in accordance with the procedure described in Article 3(4)(a) and (b) and Article 3(5) of the Directive of 8 June 2000). The Polish Ministry of Digital Affairs has besides late pointed out the legitimacy of Polish regulations on French solutions. Letter of 20 January 2026 to the Ombudsman (sign: DT.WPKE.400.9.2024), stressing that "current solutions to restrict access to pornographic content by children in France have successfully completed the notification process".

The another amendments concern the adaptation of the proposed law to the amendment which took place in the Polish legal order after the start of the collection of signatures for the civilian task – the entry into force of 10 November 2024. new law – Law on electronic communicationreplacing so far applicable law – Telecommunications Lawthe wording of which was to be amended in accordance with the assumptions of the first draft. Until now, the committee has not been able to change the wording of any part of the task – it did not have specified powers in accordance with Article 36(1)c Rules of Procedure of the Sejmwhich prevents the submission of self-corrections to civilian projects.

In addition to the civilian project, it is inactive the subject of the work Government task to defend minors from pornographic content on the net (list number: UD 179) – announced by the Ministry of Digitisation as early as December 2024, but constantly shifted over time; the current deadline for completing the work at the government phase is "second 4th of 2026". Ordo Iuris Institute participated in the public consultation process of this project – participated in the public hearing, giving its views on both to the first version of the project in March, as well as to the second version of the project in October – and published analysis comparing them to each other. Meanwhile, the citizens' project, unlike the government, has a clear definition of "pornographic content" and is already at the phase of parliamentary work. For this reason, precedence should be given to the work on this task and its immediate adoption by the Sejm, as the harm caused by the besides easy access of minors to pornographic content on the net is exacerbated with each subsequent day.

– It is essential to make social resistance, which is why we will shortly launch a petition so that the Polish government and Polish politicians will deal with this issue as shortly as possible. all day of waiting is an unrepentant moral failure among children and young people. We must defend children and young people. said Marcin Perłowski, manager of the Life and household Centre and typical of the Legislative Initiative Committee "Stop Pornography Drugs.

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