At the Thursday meeting of the National Broadcasting Council (KRRiT), another round of voting was held to grant a license to news net TVN24, but none of them could get the required majority, said Teresa Brykczyńska, spokesman for the National Broadcasting Council.

As the spokesman of the National Broadcasting Council explained, no majority, i.e. four votes, was obtained in any of the votes - in favor of granting a license and not. "The procedure regarding the license for TVN24 will be continued," she added, announcing further votes in the KRRiT on this matter. Currently, however, it is not known when they will happen.

The TVN24 license is valid until September 26, 2021. TVN submitted an application for its extension to the National Broadcasting Council at the beginning of February 2020. According to the regulations, the broadcaster must apply for an extension of the license no later than one year before its expiry. In the case of the license for TVN24, more than 17 months have passed since the submission of the application. If KRRiT did not extend the TVN24 license, the channel broadcaster may apply for a license to broadcast in any European Union country. On July 20, the National Broadcasting Council sent to the Speakers of the Sejm, Elżbieta Witek and Ryszard Terlecki, comments on the draft amendment to the Broadcasting Act. In them, the National Broadcasting Council proposes, inter alia, considering solutions that exclude restrictions on foreign capital in the event of concluding relevant agreements on the basis of reciprocity.

Yesterday, Discovery, Inc. announced that it has formally notified the Polish government that it will take legal action under the bilateral investment treaty between the United States of America and the Republic of Poland.

The notification follows Poland’s discriminatory campaign against Discovery’s TVN, including its refusal to renew TVN24’s broadcasting license, and culminated in the vote yesterday in the lower house of the Polish Parliament to pass legislation that would ban upstream foreign media ownership in the country. The legislation is the latest assault on independent media and freedom of the press, and takes direct aim at Discovery’s TVN, the country’s leading independent broadcasting group and news provider, as well as one of the largest U.S. investments in Poland.

Over a number of years, the current Polish government has targeted TVN in an arbitrary and discriminatory manner as part of a broader crackdown on independent media and in direct violation of legal protections around freedom of expression.

The Notice of Dispute was sent to President Andrzej Duda earlier today. Discovery continues to strive for a positive resolution to this situation, but should this fail, Discovery intends to commence arbitration proceedings in accordance with Article IX(3) of the Treaty and seek full compensation for Poland’s breaches.

JB Perrette, President and CEO of Discovery International, said: “Discovery has successfully operated and invested in Poland for nearly 25 years, making us now one of the biggest international investors and employers in this incredible country. The current Polish government’s damaging and discriminatory actions, however, leave us no choice but to bring charges under the US-Poland bilateral investment treaty. We are deeply committed to safeguarding our investment in Poland and its people, defending the public’s interest in independent media and the rights of freedom of expression. Discovery, as a protected investor in Poland, is afforded important rights and freedoms under the US-Polish Treaty. We do believe this legislation will have a chilling effect on U.S. and European investment into the Polish economy, and we will aggressively defend our rights.”

Poland’s conduct violates several obligations under the Treaty signed between the US and the Republic of Poland on 21 March 1990. The obligations include fair and equitable treatment, non-impairment by arbitrary and discriminatory measures, non-discrimination in granting licenses, and the prohibition on expropriation without compensation.