Smartphones and tablets are expected to be more expensive. The government is planning a fresh charge. It's unconstitutional

From January 1, 2026, smartphones, tablets and televisions are to be charged a reprographic fee. The additional cost will depend on the built-in device memory. The changes will become effective under the Ministry of Culture Regulation. Government plans started a storm.
The Ministry of Culture and National Heritage presented a task that shows that from 2026 smartphones, TVs and tablets with a memory equal to or greater than 32 GB will be subject to a reprographic fee. The funds obtained are to go to collective rights management organisations. The hotel notes that this is not a fresh tax, but "the compensation of a fair culture".

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Reprographic fee for smartphones and tablets. "Update list of clean media"
According to the assumptions, smartphones or tablets will be charged an additional 1% of the sales price. The money will be transferred to creators whose works are utilized for private usage and played through specified devices. The fee is so any kind of compensation for placing copies of their works on alleged clean media.
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Amending the regulation on reprographic charges - we update the list of 'clean media'. Revenues from reprographic charges - i.e. from alleged 'clean media' - in Poland belong to the lowest in Europe. This is simply a consequence of outdated regulations in this area, which until present consider 'pure media' to be tape recorders, VCRs, faxes, mp3 players or CD recorders
- reads the Communication of the Ministry of Culture. Unfortunately, consumers can feel changes in their wallets. However, the government ensures that the fresh rules do not should be explicitly linked to price increases. The additional charge is to be charged to equipment manufacturers, which should not "reduce importantly at prices, as those in Poland are already higher than in Germany for example". We gotta wait for the final results.


The government is making "unconstitutional" changes. A fresh charge in the fire of criticism
A public consultation on the amendment of the Reprographic Fees Regulation began on 23 July that year.


We want to simplify the system, correct the value of the charges and guarantee a balance in the trading of devices with extended functions. Thanks to the amendment to artists, 150-200 million zlotys can be awarded each year
- added in the Ministry's communication. But the solution has its opponents.
In my opinion, this change is unconstitutional, due to the fact that it has gone beyond the legislative delegation. She says very clearly: if a regulation introduces fees and imposes them on certain devices, then these devices must be utilized to multiply, that is, copy works. And this fee should besides include another functions of devices that are not utilized to reproduce works. So the thought is not to charge the full device, for example, just this part liable for copying
- explains legal advisor Janusz Piotr Kolczyński, Managing Partner at the Chancellery of C.R.O.P.A., specialising in copyright, quoted by Interia. Experts besides draw attention to besides tiny a percent for creators, or to non-inclusion in the government of organisations related to the movie industry. The Ministry of Culture and National Heritage admits that the fresh charges "will be any inconvenience", but should not have a crucial impact on the purchasing opportunities of Poles.


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