A group of Law and Justice lawmakers submitted a draft amendment to the Broadcasting Act. In the justification to the proposed legislation we read that it aims to "prevent companies based in Poland to be owned by entities from outside the European Economic Area". "Such legislation would mean war with the USA, as it would expropriate or at least force the Americans to sell a huge company, which TVN is" - said Juliusz Braun, a member of the National Media Council and a former chairman of the National Broadcasting Council.
The draft appeared at the Sejm website in late evening on Wednesday. In the proposal submitted by a group of PiS MPs we read that the bill is aimed at "clarifying regulations enabling the National Broadcasting Council (KRRiT) to effectively counteract the possibility of radio and television broadcasters to be taken over by any entities from outside the European Union, including entities from countries posing an immediate threat to state security".
The planned amendment of the Broadcasting Act pertains to Article 35. Currently, it stipulates that licence for broadcasting can only be granted to foreign entities, whose seat or permanent residence are located in a European Economic Area member state.
PiS lawmakers want to change this provision by adding a "condition" to it. "Licence to broadcast radio and television programmes can only be granted to a foreign entity, whose seat or permanent residence is located in a European Economic Area member state, provided that such foreign entity is not dependent on a foreign entity, whose seat or permanent residence are located in a state that is not a member of the European Economic Area" - we read in the justification to the draft law.
The European Economic Area includes all European Union states, as well as Norway, Iceland and Liechtenstein.
"War with the USA"
"Such legislation would mean war with the USA, as it would expropriate or at least force the Americans to sell a huge company, which TVN is" - said Juliusz Braun, a member of the National Media Council and a former chairman of the National Broadcasting Council. In his opinion, he told Onet in an interview, the bill is aimed directly against TVN.
The TVN Group is owned by an American concern Discovery. It manages the station through Polish Television Holding BV, a company registered in the Netherlands, and therefore belonging to the the European Economic Area.
"Satellite channels, such as TVN24, can be broadcast based on a licence issued by other countries. But terrestrial ones, like the main TVN channel, cannot. Furthermore, keeping only satellite channels, without terrestrial ones, makes no sense in economic terms" - Braun added.
The amendment assumes that current licence holders will have six months to adapt to the new rules.
"Kill TVN, murder of free media"
"The government wants to kill a station it dislikes. (...) a few ruling party MPs pretend they have written a law, and then the National Broadcasting Council officials will pretend they made a decision. Together they will execute a business which stands no chance in confrontation with the machine of power" - editor-in-chief of Onet Bartosz Węglarczyk wrote in his commentary.
He added: "Stripping TVN of its licence has no substantive justification. It is a political murder committed against the free media. (...) It doesn't matter what opinion anyone has on the work of TVN journalists. I doesn't matter because even critics of this station should understand that a government which sees its own pride and arrogance going unpunished, will become even more proud and arrogant. Today it kills TVN, tomorrow it will kill all those who do not applaud this government loud enough".
On Tuesday, after a session of the Sejm Culture and Media Committee, at which, among other issues, permit extension for TVN24 was discussed, TVN S.A. management issued a statement, in which it stressed:
"(...) Ownership structure of the Company complies with the provisions of the Broadcasting Act. It's been confirmed by independent expertises compiled by distinguished Polish law professors. We underscore that in 2015 the National Broadcasting Council approved the entry of American capital into our Company, and until we have applied for license extension for the TVN24 channel, TVN ownership structure raised no concerns whatsoever".
"We will remain independent"
TVN management issued another statement on Thursday in relation to the planned changes to the media law.
"TVN considers the viewers and their right to reliable and confirmed news as absolutely crucial. It is on their behalf that our journalists ask questions and for over 20 years have been closely watching every government's actions" - the TVN Management Board said.
"A draft law has been put forward at night, aimed at muzzling us, and deprive the viewers of their right of choice. Under the guise of fight against foreign propaganda, attempts are being made to restrict media freedom" - reads the statement.
"We will not bow to any pressure and we will remain independent, acting on behalf of our viewers," TVN underscored.
Źródło: PAP, Onet
Źródło zdjęcia głównego: TVN