The information on Friday in the list of legislative and programming works of the Council of Ministers shows that the government is to address the draft revision of the Media Act in the second or 3rd 4th of 2026. This means that Parliament may not be able to pass fresh regulations in this term.
Changes in the KRRiT and liquidation of the RMG
The paper published in the list of legislative work of the government states that the peculiar intent of the fresh law is to guarantee the pluralistic, competent and independent composition of the KRRiT.
The task promoter proposes to reconstruct the nine-member composition of the KRRiT – 4 people would choose the Sejm, 2 senates and 3 presidents. At the same time, the mechanics of rotation of the composition of the KRRiT is to be restored, while maintaining the six-year word of office of each associate of the KRRiT, 1 3rd of the Council should be replaced all 2 years. The proposed law besides increases the requirements regarding the competence of candidates for the NRA who are to show appropriate professional experience, independency and apoliticalism.
The draft fresh Media Act besides proposes repealing the RMG Act as incompatible with the Polish Constitution. This means the liquidation of the RMG. Public media authorities are to be taken over by the reformed KRRiT.
"It is besides proposed to introduce the following rules for the appointment of public media bodies: Boards (public media company – ed.) in order to guarantee maximum transparency of the procedures and the selection of the best candidate after a complete, reliable assessment of the competence and experience of the candidates, will be appointed in a two-step competition procedure: the selection of the candidate as a associate of the board will be carried out by a competition committee, which will consist of all members of the supervisory board and representatives of the programme board", says a paper published on the government's website. The proposed changes besides include proposals to separate the board from the editorial board of public media.
Repeal of the licence fee bill
Projectors note that the current strategy of financing public media does not meet the requirements set out in the European Act on Media Freedom (EMFA), as it does not supply "stable backing for media mission activities, to the degree that it guarantees the independent performance of statutory obligations".
Therefore, the draft fresh Media Act provides for the repeal of the Law on licence fees and thus "the elimination of the work for households and another entities to pay licence fees". Projectors presume that the main origin of backing for the public service mission of public broadcasters will be the state budget.
"The proposed budget financing model should so be based on statutory mechanisms to guarantee the stableness of public funding. The proposed solution is so to enter a fixed amount in the Broadcasting Act of 29 December 1992 (not little than PLN 2,500,000,000)" - the published paper states.
The task is to be submitted for consultation today
The task promoter notes that the Polish legal strategy lacks legal regulations regarding the spending of funds by public entities for public advertising. "In order to guarantee transparent, proportionate and non-discriminatory procedures for the spending of public funds to media entities, the proposed rules require public entities to establish public procurement rules for public advertising, supply contracts or service contracts purchased from media service providers (consignors, service providers), video-sharing platforms providers, press publishers and online platform providers", the paper states.
Pursuant to the proposed rules, public entities will gotta put the rules on their websites as well as in the Public Information Bulletins. "The above is intended to guarantee transparency in the selection and allocation procedures", the paper states.
In addition, the proposed law assumes that press publishers have obligations akin to those presently imposed on VOD broadcasters and suppliers in terms of ownership information.
Piotr Jędrzejowski, a spokesperson for the Ministry of Culture, said that the fresh media bill is to be sent for public consultation today.
"Public media will stay in liquidation"
Juliusz Braun, president of TVP from 2011 to 2015 and associate of the RMB from 2016 to 2022, notes that the paper published on government pages duplicates the presumption for a fresh media bill prepared by the Ministry
“A change is to quit public media backing based on a percent of GDP,” says Braun. "In the first thought for public media, 0.09% of GDP was to be allocated annually. Now PLN 2.5 billion is recorded in the project. The evidence is vague. On the 1 hand, he speaks of a fixed amount, but at another place of minimum, that is, 1 that can be raised – he adds.
The erstwhile president of TVP indicates that the bill retains the legal form of public media, which are companies operating on the basis of the Commercial Code. “This form has been criticized due to the fact that public media companies are mainly based on state budget money, which can be treated as unfair competition against commercial broadcasters who do not receive public support,” explains Julius Braun.
It besides notes that the proposed law does not resolve the issue of advertising published in public media. "During the discussion about the amount allocated to the public media, there were voices that in another countries of the European Union they are higher than in us. But, for example, in the Czech Republic advertising in public media is banned, and in Germany limited – noted erstwhile TVP president. He adds: – Putting an amendment in the work of the government in the second or 3rd 4th of next year means that it will most likely go to the Sejm after next year's vacation. The next, 2027, will be an election year and it is improbable that Parliament will decide at that time to change the regulation of public media. It is all indications that public media will stay in liquidation until the end of this parliamentary term.
