Adam Bodnar, Ombudsman, appealed to the Constitutional Court media law in December 2015. By PiS. According to the ROP, the new rules violate the Constitution guaranteed freedom of speech and media, and ignore the role of the National Broadcasting Council (NBC).
As noted by the ROP, public radio and television were created in Poland as a result of the transformation of the government radio and television (Act of 29 December 1992.). Earlier, in the communist era public radio and television were the nature of government agencies, politically and organizationally subordinated to the Council of Ministers.
“ To separate the public media of the ruling, the Law on Broadcasting of 1992. Introduced three levels of decision in matters of public radio and television (1) National Council of radio and television, and in the framework of public radio and television – (2) supervisory boards and (3) the boards of these companies. they were as if ‘buffers’ between the political authorities and the editorial “- we read the proposal. According to the Ombudsman challenged the Act of 30 December 2015. This complex procedure of appointment of public authorities, the media replaces the decision of the member of the Government – Minister of the Treasury.
NBC and freedom of expression
RPO argues that the legislature ignored the fact that the “ the National Broadcasting Council is empowered constitutionally to contribute to the creation of government media. the fact was conceived so that it is situated outside the three authorities, ‘between the executive and the legislative, while maintaining a clear distance towards the government ‘(Constitutional Court’s judgment of 23 March 2006. Ref. act IC 4/06) “.
His application to the Court, the Ombudsman wrote the analysis conducted in the Office of the Ombudsman, as well as in connection with the letter of the National Broadcasting Council (which is not itself able to submit applications to the Constitutional Tribunal). How argues ROP, “ public media should constitute the institutional guarantee of freedom of expression and media pluralism of society. To this function to fulfill, but they must be characterized by independence from both political interests and economic .”
Changes in the media
the amendment of the Law on broadcasting Senate approved on 31 December. In favor of it voted 57 senators, against – 23, and 2 abstained. The amendment assumes, among other things, that the National Broadcasting Council will no longer affect the appointment of members of supervisory and management boards of public broadcasters.
The Act also contains provisions under which the date of its entry into force are shortened terms and terminate the mandates of the current members of management and supervisory board of TVP and Polish Radio. The new bodies will be appointed by the Minister of the Treasury “to the introduction of new media organizations nation.”
| dmc | RPO, Cable Republic |
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