If these stations were to fall into the hands of, for example, Russian or another oligarchs close to Putin, that's fine. But is that truly the solution?
Recently, the media reported that TVN may be curious in consortia from the Czech Republic, Hungary and the United States. The Prime Minister's movement is preventive. The joy of the opposition's dreams of taking over private tv stations in Poland is being undermined. The PiS has already greeted the goose, and here's a surprise! On the list of strategical companies listed in the Regulation of the Council of Ministers of 27 December 2023, there are 17 entities, including, among others, KGHM, ORLEN SA and Emitel SA – an operator of the terrestrial radio-television structure (owned by the British Cordiant Digital Fund). There's no media company in this group.
The owner of TVN is American Warner Bros. Discovery. After the entry into force of the applicable regulation, it could not sale TVN without the consent of the Polish government, specifically without the approval of e.g. the Ministry of State Acts, the Ministry of Interior and Administration or the Office for the Protection of Competition and Consumers. The Act of 24 July 2015 ‘On the control of certain investments’ refers to the protection of public policy or public security. but that Article 4(1) of that Act does not list media companies among entities that may be covered by specified protection. But this is not the kind of thing we have seen before – there are no impossible things in Polish law.
The government explains that "there will be no tolerance for disinformation sowing in Poland". If any control authority objects to the sale of the company from the strategical list, then the transaction can be blocked, citing the safety of Poland or the protection of independence. But this business is not legally defined, and its definition depends on the interests of the defining entity. Ultimately, the government will find what is and is not our national interest. By the way: the transmission of the station violating Polish law and sowing misinformation can be suspended/interrupt at any time and it does not request to be included in the list of strategical companies. In fact, we have Article 38(2) of the Broadcasting Act on the withdrawal of concessions for the dissemination of a programme causing “a threat to the interests of national culture, safety and defence.” So why is this fresh evidence to be used?
Not long ago, I criticized the usage of public and private media by the Law and Justice for political purposes. Free media and the free marketplace are pillars of the democratic system. In this area of freedom, the regulation is that everyone has the right to dispose of their property at his discretion. Now the government will have the right to refuse to sale 1 or another television. Following this lead, he could ban any company from selling. Not only this government, but besides the future, which may be more restrictive. However, I hope that everyone will gotta prove that the companies are actually threatened with hostile takeover. It is not adequate to say, "I do not allow," due to the fact that that would mean that we are dealing with autocrat governments.
The fresh Lex TVN/Polsat is just 1 of the elements of the election puzzle. Paradoxically, both sides (and government, and opposition) defend TVN rights. It's all different, but it's fundamentally about whose side TVN's on, due to the fact that political interests seem to be the most crucial thing in this dispute. So it is worth reminding politicians that tv is no longer the most crucial medium; the net is much more crucial today. That's where hostile forces are spreading disinformation and wage a hybrid war.
