“TVP Takes Over the Remotes,” Meaning Government Media and Long Nothing. The Government is Programming Poles with a List of TV Channels
Under cover of “important public interest” and market regulation, the government wants to strengthen the position of TVP channels so that viewers have only those controlled by the authorities at the top of their list of programs. These rules, according to Prof. dr hab. Ewa Nowińska, experts in the field of media law, may violate EU regulations and limit the economic freedom of broadcasters in an unjustified way. – “Important public interest” is not in access to public television programs but in access to information obtained from various sources – says the specialist in an interview with Wirtualna Polska.
Let’s first explain exactly what it is. The changes adopted by the government in the Electronic Communications Act, which relate to the Broadcasting Act, concern, among others: which TV channels must be offered by pay TV operators, which is professionally referred to as the “must carry, must offer” principle.
Currently, there are seven stations on the list: TVP1, TVP2, TVP3, Polsat, TVN, TV4 and TV Puls. In the case of a regional channel, satellite broadcasters are required to provide only one version, so you can watch TVP3 Warszawa in different parts of Poland. Regionally appropriate channels must only provide cable networks and IPTV platforms.
If the amendment were to enter into force, all commercial channels would be removed from the mandatory list. TVP1, TVP2, and TVP3 will remain, and additionally, TVP Info and TVP Kultura will appear. They are to be found under the first five buttons on our remotes. Moreover, the obligation to provide the TVP3 regional channel is also to cover satellite platforms, which may cause many problems for this group of broadcasters.
In practice, this means the need to include all sixteen TVP3 regional channels in their offer because there is no possibility for the satellite to provide the TVP3 channel appropriate for a specific region. The cost of providing each additional satellite channel is estimated at approx. PLN 250-300 thousand. PLN per month. That’s tens of millions of dollars a year.
The authorities are afraid of pushing TVP channels down, so they will fix them in the act.
The government explains the changes out of concern for viewers. “It is not appropriate for recipients using satellite platforms (over 30% of households) to be deprived of access to public regional programs appropriate for their regions. It is also important in the context of regional and local security because regional programs can best respond to the needs of local communities in the event of natural disasters or other threats in a given area.
It is known that Jacek Kurski, the former president of TVP, has been seeking to reprogram the pilots of Poles for months, which he himself admitted in June in “Guest Wiadomości.” Now, the authorities explain the exposure of TVP channels with “public value” and write that a significant number of programs available in the operators’ offer is associated with the risk of pushing programs of public value to positions more difficult for the recipient. “The obligation to distribute alone will not ensure convenient access for the recipient to programs of public value,” – we read in the justification.
The obligation to broadcast all other commercial channels is to be decided by the National Broadcasting Council after consultations. TVP will be able to add up to thirty more to the list of five mandatory channels. The “public interest” is to be the decisive criterion. This means that the offer for commercial channels will be in the hands of the Council, and the interpretation of what is “public interest” is at its discretion. Let us recall that the current head of the National Broadcasting Council, Maciej Świrski, called, for example, for a boycott of the TVN station years ago and encouraged the most important politicians in the country not to answer questions from its journalists.
The Ministry of Culture, in the issued statement, tries to reassure. “It is worth emphasizing that from the perspective of the recipient, i.e., the viewer, the change may be imperceptible. The National Broadcasting Council – under the statutory authorization – will be able to impose the obligation to distribute all programs currently affected by it. Moreover, the number of programs covered by this obligation may increase significantly” – writes the resort. It is worth noting, however, that the assertion that “the change may not be felt by viewers” means that it may as well be felt.
Tensions between senders and receivers
Based on what we know now, it can be seen that the change may be painful for some viewers precisely because of the unique exposure of TVP channels. The Wirtualnemedia portal, which informed about the details of the changes in the act, explains that, for example, “on the Polsat Box platform, the first two places are occupied by Polsat and TV4, then TVP1 and TVP2, and then Polsat channels again.
The TVP Info station is only at position 65. On the other hand, on the Canal+ platform, the list starts with Canal+ Family, followed by: Canal+ Premium, Canal+ Domo, Canal+ Kitchen, and TVN. The first public television channel – TVP1, is only in position 11. Commercial channels will be pushed to further places if the new law comes into force.
The revolution doesn’t just end with our remote controls. The amendment may seriously change the relationship between broadcasters and pay-TV operators. The negotiating position of broadcasters is to be weakened by the ban on bundling stations. This means that they will not be able to condition the availability of channel A, provided that the operator also places channels B and C. So far, this has been possible. It also made it easier to negotiate for a channel to be at the top of the channel list.
In turn, operators are hit by the obligation to sell individual channels separately and not in bundles, as is the case now. Channel bundling is very popular these days. o offers of family, entertainment, or film programs. The industry is concerned that offering the channels separately could cost a lot more, which viewers will ultimately have to pay for.
Prof. dr hab. Ewa Nowińska, an expert on media law, draws attention to serious legal doubts. – The presented proposal is not fully compliant with EU regulations. They consider as a basic premise of the “must carry” principle that “for a significant number of end-users, such networks and services are the main means of receiving radio and television channels.” Accordingly, “such obligations shall only be imposed if necessary to achieve general interest objectives as clearly defined by each Member State, and these obligations must be proportionate and transparent.”
– Undoubtedly, the proposal does not implement the above-mentioned EU assumption, significantly preferring television programs of the so-called, thus limiting media pluralism and leaving decisions on extending the mandatory offer in the hands of the National Broadcasting Council, which is neither proportionate nor transparent. The proposed solution is also – in my opinion – in opposition to Art. 22 of the Constitution of the Republic of Poland, which provides for the possibility of restricting economic freedom if it is required by “important public interest.” This, in turn, lies not in access to public television programs but in access to information obtained from various sources – explains prof. Nowinska.
The joy of local operators
In turn, Dagmara Iwańczuk-Węgrzynek, the owner of the Delegate agency and an expert of the National Chamber of Ethernet Communications, which brings together local operators, believes that the new solutions are beneficial from her perspective. – I am happy because I represent small independent stations. Freeing the market will lead to the fact that the best will win. Operators will not be forced to take channels in packs. I believe the changes will lead to a greater balance between what subscribers want and what operators offer – he says in an interview with Wirtualna Polska.
Juliusz Braun, former chairman of the National Broadcasting Council and former president of TVP, has the opposite opinion. – To discuss a compromise, extensive consultations with all parties would be necessary. In this case, the government imposes solutions, although, for some market players, they may, of course, be beneficial. In theory, the bill is technical in nature, but we are dealing with a situation that PiS loves, i.e., adding controversial provisions to a positively assessed bill. It concerns the provisions concerning the “must carry, must offer” principle. I see an obvious political context here – strengthening the position of TVP before the parliamentary elections and forcing operators to place all regional TVP programs on satellite platforms. This radically increases the operating costs of private entities, he explains.
– The position of TVP will be strengthened politically, and the position of private broadcasters will be weakened. In addition, the regulations grant the National Broadcasting Council blanket authorizations under which everything can fit. Any TV program can fit there, e.g., Telewizja Trwam, a national television applying for a license. TVN can also, but it is unknown whether KRRiT will want it. This is a very far-reaching authorization for the Council, dangerous given its politicization, says Juliusz Braun.