On Wednesday, 5 members of the Justice Committee of the United States home of Representatives, headed by president Jim Jordan, sent a letter to Michael McGrath, Commissioner for Democracy, Justice, the regulation of law and consumer protection in the European Commission. The document, signed by Jordan, Darrell Issa, Chris Smith, Andy Harris and Warren Davidson, is simply a harsh criticism of the government of Donald Tusk and an appeal for urgent briefing from the European Commission.
The letter opens with a call to explain how the European Union intends to respond to “Reports that Prime Minister Donald Tusk's government is utilizing the justice strategy to fight political opponents.” Congressmen claim that these actions have direct implications for freedom of speech in the world, including the United States.
“The Justice Committee of the home of Representatives examines how and to what degree abroad laws, regulations and judicial decisions force or induce companies to censor statements in the US”, it says.
The authors of the letter indicate that after taking office in December 2023, Prime Minister Tusk conducts legal action against the opposition, the Law and Justice organization (PiS). Among the examples are the removal of the immunity of Jarosław Kaczyński by the Sejm, which allowed him to file a defamation case for the ruling coalition's policy. They besides mention to the death of Barbara Skrzypek, erstwhile manager of the Kaczyński office, who died of a heart attack respective days after the hearing, during which she was allegedly denied access to a lawyer.
The letter further describes the case of priest Michał Olszewski, who was arrested by the interior safety Agency on charges which, as the authors of the letter say, “No support in facts or documentation”. As they add:
“The reports show that the ABW inhumanely treated Father Olszewski, utilizing excessive means of physical coercion and depriving him of basic needs.”
In addition to the repression of PiS-related persons, the letter besides stresses the government's action on the media. Quoting the message of Deputy Prime Minister Krzysztof Gawkowski, who suggested the withdrawal of the concession of the tv Republic station, congressmen state:
“These actions rise concerns about whether the Tusk government respects the democratic values of the EU and whether it will proceed to effort to silence political rivals, utilizing anti-democratic laws specified as the Digital Services Act (DSA)”.
The letter criticises DSA in detail, noting:
“DSA requires social platforms to usage strategy mechanisms to censor “misleading or misleading content”, including alleged “disinformation”. Since many platforms apply a unified policy to average content around the world, restrictive laws of governments specified as Poland can make de facto global standards of censorship."
The authors besides uncover concrete actions of Polish authorities towards social platforms. In November 2024, the National investigation Institute (NASK), supervised by Gawkowski, demanded TikTok to remove content suggesting that “Electric cars are neither ecological nor economic.” Although TikTok has not yet fulfilled the request, the letter states that
“The willingness of the Tusk government to request the removal of specified content, combined with action against political opponents, is profoundly worrying.”
Signatories mention the Treaty on European Union, which obliges the EU to enforce the regulation of law in the associate States. They point to double standards:
“In a sharp contrast to the criticism of the EU against Poland under the regulation of the Law and Justice, including the European Parliament's vote to waive the immunity of Polish Euro MPs for supporting the run material of the Law and Justice, the European Commission does not seem to be as keen to criticize the Government of Tusk.”
The letter ends with an appeal for briefing:
"We kindly ask you to organise a briefing on the EU's position and actions towards these worrying events".
Congresses want answers to questions as the European Commission ensures that the Tusk Government respects the right to freedom of expression and democratic processes which it has taken since December 2023 on allegations of politically motivated processes, and how it plans to implement the fresh European Shield of Democracy without violating the freedom of speech of US citizens.
It was besides stressed that the Committee on Justice has jurisdiction to oversee civilian liberties cases in order to inform about possible legislative reforms. The contact number given in the letter ends with a formal paper signed by all 5 members of Congress.
The full letter is an crucial signal that part of the American political class is paying close attention to Poland's interior policy and possible global repercussions that the Tusk government may have, especially in the context of digital regulation and freedom of expression. In the light of the upcoming presidential elections in Poland and the increasing importance of social platforms as tools for political communication, the issue of the relation between state control and freedom of expression will most likely be discussed even further, both in Europe and across the ocean.
