The International Press Institute (IPI) joins Media Freedom Rapid Response (MFRR) partners in renewing our joint call for democratic and comprehensive reform to the Poland’s public broadcasters which creates systematic safeguards to limit the ability of all governments, future and present, to meddle in editorial or institutional independence of the country’s public media.

The MFRR coalition also reaffirms the set of recommendations for steps that can be taken by the new coalition government to improve the wider situation for media freedom and independent journalism in Poland. These recommendations were jointly developed following a recent mission of the MFRR to Warsaw ahead of the election.

Our organizations jointly urge the new Civic Platform-led government to heed the concerns and recommendations of media freedom organizations. We call on political leaders to ensure that all reforms to the media space in Poland – both underway and planned – adhere to democratic values and follow the rule of law.

The call comes amidst an ongoing battle over the future of public broadcaster TVP and Polish Radio. Since coming to power, the new government abruptly dismissed the supervisory bodies of TVP and national news agency PAP and put the public media into liquidation, an unprecedented move which uses a legal loophole to allow the government to continue financing the broadcaster while also making internal changes.

While the new administration has defended the moves as necessary to dismantle the propaganda output of TVP, the former ruling party has criticized the changes as undemocratic and aimed at cementing a new form of political control over the channels.

While the MFRR continues to support much needed reforms by the new coalition government to restore the impartiality, reliability and professionalism of public media in Poland, the means used to do so must be democratic, legal and truly aimed at increasing pluralistic and balanced coverage, prioritizing the public interest over any one political interest.

With a new law on public service media reportedly being developed by the coalition parties, our organizations also call on the new government to conduct a thorough consultative process on any proposed legislative changes, urge that the concerns of the media community are heeded, and stress that reforms are fully in line with the principles outlined in the European Commission’s European Media Freedom Act (EMFA), particularly regarding guarantees for political independence.

Crucially, any reforms by the new government must not perpetuate the cycle of capture and control that was taken to extremes by the Law and Justice (PiS) party during its years in power and ensure that deep structural changes to the management and regulation of TVP and Polish Radio are undertaken which will put an end to repeated periods of politicization after elections.

Given the importance of regulation of public media in Poland, the new administration must address the National Media Council (NMC), which has been identified as a key instrument created by PiS to wield greater control over TVP. The NMC remains an unconstitutional body dominated by PiS appointees and should be addressed under relevant law.

Democratic changes to address the ongoing crisis at public media in Poland are possible, but must be made with restraint and the utmost respect for the rule of law and democracy. The MFRR therefore reasserts the recommendations regarding the future of the public media that were made jointly by our organizations in September 2023 ahead of the election and calls on the new government to carefully consider and implement them.

Recommendations

Public service media

– Public broadcasting requires a root and branch reform of both the governance structures and financing mechanism to guarantee political independence and the fulfilling of the public service remit. In particular:

– The appointment process for management and governing bodies must be depoliticized with candidates appointed through transparent, open, and non-discriminatory procedures on the basis of their professional skills and experience with guarantees of political neutrality.

– PSM funding must be conducted through arms-length decision making ideally through a form of TV licensing to ensure that the funds are free of political interference. Any government supplementary allocation should be taken in transparent decision making, that guarantees stable long-term financing, adequate to fulfil the public service mission.

The MFRR mission made further recommendations on wider improvements to the press freedom landscape in Poland.

Media regulation

Media regulators must be able to operate fully independent of government in line with Article 30 of the EU’s Audiovisual Media Services Directive that demands regulators are legally distinct from government and functionally independent of their respective government. Reform of KRRiT should include:

– Depoliticizing the appointments process to ensure candidates are appointed through transparent, open, and non-discriminatory procedures on the basis of their professional skills and experience with explicit guarantees of political neutrality.

– Ensuring all processes with respect to licensing and investigations into breaches of the code are subject to clear and transparent procedures and collegiate decision making. Failure to meet those procedures, such as undue delays in licensing decisions, or manifestly politicized investigations, must have clear consequences for those responsible with commensurate compensation provided to the broadcaster affected.

– All decisions must be duly justified in line with the regulatory powers of the office and broadcast code.

– All investigations into alleged breaches of the broadcast code must be conducted by the full board and not placed in the hands of the Chair alone. Investigations should follow due process allowing the accused to present its arguments. Decisions should be accompanied by detailed justifications. There should be an appeals process for condemned media including the option to revisit rulings in the courts in line with European standards of free expression.

– Information should be publicly available on the handling of all complaints received with detailed reports issued at least annually on all decisions with due justification.