Recently, the conviction of the Provincial Administrative Court (WSA) on the request of the Citizens' Network Watchdog Poland raised many controversy. The organization demanded the disclosure of details concerning salaries of leading employees of Polish tv (TVP). However, the decision of the court closed the door to this information, and the case gained the dimension of a nationwide debate on the transparency of wages in public institutions. We would like to remind you that during the acquisition of TVP, MPs of the "smiled regime" were very keen to share the earnings of the written propagandaists from TVP.
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Conclusion Watchdog Poland: What was the subject of the dispute?
In the first half of 2023, the Watchdog Polish Citizen Network issued a request for public information to TVP. The organization expected detailed data on the earnings of managers and journalists leading information and public programs. The proposal includes circumstantial names specified as Marek Czyż, Aleksandra Kostrzewska, Joanna Danikowska-Paź, Karolina Opole, Zbigniew Łuczyński, Maciej Orłoś and Jarosław Kulczycki.
In response, TVP provided general gross wages and salaries, indicating that they scope from PLN 11.1 to PLN 48 thousand. However, Watchdog Poland received only detailed information on 2 managerial positions. According to the data provided, General manager Tomasz Sygut earns PLN 50 1000 gross per month, and the Liquidator and manager of Corporate Affairs Daniel Gorgosz – PLN 48 441.58 gross.
Despite this information, TVP refused to disclose the earnings of another employees, citing “the secret of the entrepreneur” and “the protection of the privacy of individuals”.
Judgment of the Provincial Administrative Court
Watchdog Poland challenged TVP's answer to the Provincial Administrative Court, arguing that as a publically funded company, tv Poland has a work to disclose remuneration data. However, the court dismissed the complaint of the organisation. As indicated in the justification, TVP operates as a commercial law company on a competitive tv broadcasting marketplace and the disclosure of specified data could exposure the company to a failure of competitive advantage.
The judges stressed that publication of the earnings of leading employees could be utilized by competitors to weaken TVP's marketplace position and affect its negotiating capacity.
Watchdog reaction Poland and further steps
Organisation Citizens' Network Watchdog Poland does not intend to quit on this issue. A cassation complaint has been lodged with the ultimate Administrative Court (NSA) and a referral to the European Court of Human Rights is being considered. "This is simply a key solution for public life's transparency and citizens' rights to access public information," comments Martyna Bójko of Watchdog Polska.
Broader context: Public authorities' transparency of wages
The TVP case is not an isolated case. In late December 2023, after the change of the Polish tv authorities, the company revealed the salaries of Michał Adamczyk, Marcin Tulicki and Samuel Pereira – the leading representatives of the tv Information Agency. This situation shows that revealing earnings on TVP can depend on the political context and current situation of power.
The discussion on the transparency of wages in public entities is becoming increasingly urgent. Critics indicate that deficiency of transparency promotes abuse and waste of public funds. Proponents of secrecy, however, emphasize that disclosure of earnings can be detrimental to the functioning of institutions and their employees.
Is transparency going to win over the business secret?
The Watchdog Polska vs TVP case is simply a key test for the right to public information in Poland. If the cassation complaint fails to deliver the expected result, a European solution can be reached. Regardless of the outcome, this issue opens an crucial dialog on transparency of public finances in the country.
The transparency of salaries in public-funded entities remains a key component of democratic civic control. The question, however, is: where is the boundary between transparency and the protection of the interests of institutions?
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