Black Barrier List covers almost 300 deregulation proposals for entrepreneurs on tax, employment, energy, environmental protection, financial market, digitalisation and media, among others. Among them are 20 identified barriers to the improvement of the media sector.
Liberalisation of concession rules
The most crucial deregulation proposals in this area are:
– We propose liberalisation of the rules on cable and satellite concessions and to mitigate the rigorism associated with obtaining a licence to distribute programmes, as well as the obligations imposed on the broadcaster in connection with obtaining a concession. The procedure for the award of concessions for the distribution of tv programmes in fresh years is controversial, and administrative decisions in this area are among the regulatory instruments and are issued in an area of highly crucial importance for the functioning of the country's economy," says Krzysztof Kajda, Deputy Director-General, head of the Leviathan Confederation's department of expertise.
The excessive formalism of the current proceedings and in any situations the deficiency of respect for the rules of jurisdiction causes uncertainty about investment in Poland, which may have a crucial impact on the economy.
– Postulatereplacing the request to get concessions in the case of a satellite programme with an entry in the register (as is the case with online programs). The current regulations imposed on applicants for a licence to distribute programmes by satellite are excessive. The entrepreneur must fulfil all the conditions set out in Article 36(1) of the Broadcasting Act, although the dissemination of satellite programmes does not affect the usage of national spectrum resources which are uncommon (as in the case of terrestrial broadcasting). In the case of satellites, in practice there are no restrictions to be addressed by the Polish public authorities. Commercial telecommunications satellites offer access to the required capacity on a commercial basis, which should not be regulated by the Polish authorities. The form of obtaining the power to distribute programmes by satellite does not waive the supervision of the programme content of the KRRiT.
– The request for deregulation of "event" tv programmes, as presently programmes devoted to the transmission of 1 event or respective events occurring irregularly, usually sports, distributed irregularly or in the pay-per-view strategy are treated equally with another programmes. Consequently, a broadcaster who intends to distribute only 1 event or to distribute the programme periodically must get a concession (in case of satellite dissemination) or make a notification (in case of net dissemination). The procedures for obtaining a concession lasting respective months or submitting the programme to an online programme registry (with a minimum of 30 days in advance) make it importantly more hard for broadcasters to respond dynamically if there is simply a anticipation to broadcast an event attractive to viewers.
The Leviathan so proposes to introduce into the Broadcasting and Broadcasting Act categories of "event" programmes (circular) notified to the president of the KRRiT in a short time (e.g. at the latest 3 days before the date of dissemination) and to exclude in specified a case the application of certain provisions of the Act, including the required share of Polish and European production, facilities for persons with visual or proceeding disabilities, preparation of records and reporting to the KRRiT.
Support for the improvement of fresh services – FAST and VOD and PPV channels
The most crucial deregulation proposals in this area are:
– The proposed scope of changes (FAST: Free Ad – supported Streaming Television) aims toderegulation of provisions relating to free television, reminiscent of linear television, to which access does not require subscription. The improvement of digital is simply a precedence for broadcasters and enables them to be competitive among European marketplace broadcasters. The unclear position of FAST channels makes it hard for broadcasters to operate.
– Deregulation of the submission of certain content to the audiovisual service registry on request by regulated entities intended to exclude broadcasters of programmes and providers of already registered audiovisual services on request from double regulation and double burden. Operators providing audiovisual media services on request shall be obliged to submit their services to the list kept by the chair of the KRRiT. According to the KRRiT position, the work to study concerns not only classical VOD services offered by suppliers to their users, but besides audiovisual content posted on platforms – e.g. alleged "channels" on YouTube. KRRiT besides lists content published on social media profiles (e.g. Instagram, TikTok) on request.
The consequence of the entry in the registry is simply a number of obligations arising from the Broadcasting Act (e.g. implementation of Polish and European quotas, facilities for persons with visual or proceeding disabilities, retention of copies of broadcasts, transmission of reports to KRRiT). Due to the technological circumstances applied by the platform, it is not possible to implement any of these requirements, which exposes suppliers to penalties. The additional burden in this case is simply a VOD taxation of 1.5%. Regulatory providers providing media services on the basis of a licence to broadcast programmes or to registry audiovisual services on request shall carry out statutory obligations in respect of their programmes or already registered VOD services. They besides pay a taxation on VOD. Main intent of the content posted by specified entities on the platform YouTube or social media is encouraging users to usage basic services (e.g. by posting announcements or excerpts of broadcasts available in basic services). specified content is an accessory to regulated basic services.
We so call for the exclusion of programme broadcasters and audiovisual service providers already registered on request from double regulation and double burden on this. A akin approach should be applied to another media operators strictly regulated by another legislation, specified as the Press Law. besides in this case, registered publishers of press titles that usage social media for access to the basic service should not be subject to entry in the next register.
Revision and limitation of the control powers of the Chair of the NRA
The request to review and deregulation of the powers of the Chair of the KRRIT to request the submission of materials, papers and to supply clarification to the degree essential to control the compliance of the supplier or entity with the provisions of the Act, the terms of concessions, the rules of service or the self-regulation binding on it. The institution of the request by the president of the KRRiT is abused. In 2023 alone, there were over 100 specified demands. It is desirable to regulate the transmission of these materials by broadcasters only in electronic form [e.g. placing them on the FTP server]. The amendments should besides regulate in item the formal requirements of the complaint sent by the Chair of the NRA to the sender and the request for clarification, in peculiar the request for a circumstantial indication, if possible in the form of a quote, the parts of the broadcasts in question and their justification.
You can find the Black Barrier List here
Confederation of Leviathan
