National Broadcasting Council v. TVN. “Atomic Threat”

January 3, 2023 | Wirtualnemedia.pl 

Cooperation between TVN and KRRiT has not been easy for two years. The regulator extended the satellite and cable license for TVN24 after 18 months. The procedure for the terrestrial license for TVN7 also took a long time. Members of the Council of the previous term claimed that the station violated the Broadcasting Act. It assumes that the owner of the license must be based in the European Economic Area (American Discovery managed TVN through a company registered in the Netherlands).

Finally, after pressure from the American side, licenses for TVN24 and TVN7 were extended. The then chairman of the National Broadcasting Council, Witold Kołodziejski, urged the other members of the Council to vote in this way. After the presidential veto, the so-called “Lex TVN” project, which would force Americans to sell the station, was also lost.

Chairman Świrski has been criticizing TVN for years

In April, the merger of Warner Bros. with Discovery was finalized, and it seems that now Warner Bros. Discovery will have to deal with further problems with the regulator. Since October, the National Broadcasting Council has been headed by Maciej Świrski, who in the past encouraged leading Law and Justice politicians to boycott TVN.

– I have the impression that the “crooked snout” should be the new logo of TVN – he said two years ago on TVP Info. Recently, he initiated ex officio proceedings to punish TVN for broadcasting the reportage “The power of lies” by Piotr Świerczek. Its author argued that Antoni Macierewicz’s subcommittee investigating the Smolensk catastrophe concealed evidence inconsistent with the thesis about the assassination. The HGTV channel about furnishing houses with a garden also has problems with extending its concession. The Council carried out a thorough monitoring of the station, and Chairman Świrski requested a legal opinion on TVN’s “licenses trading.”

– The proceedings will concern, in particular, determining whether the broadcast entitled “Black and white: the power of a lie” broadcast on TVN24 and TVN contains content that violates Art. 18 sec. 1 and 3 of the Act of December 29, 1992, on Broadcasting, by promoting false information and actions contrary to the Polish raison d’état and threatening public safety. The chairman of the National Broadcasting Council will also investigate to what extent the possible dissemination of untrue and unreliable information violates the terms of the license granted to TVN SA to broadcast the program under the name of TVN, the National Broadcasting Council announced in a statement.

On Monday, “Fakty” TVN and TVN24 issued a joint statement in which they criticized the actions of the head of the National Broadcasting Council at the request of Antoni Macierewicz. – This is unacceptable in light of the constitutional tasks of the press, which is obliged to control public institutions. On TVN, we will publish facts regardless of who they are inconvenient for. Our viewers have the right to know what the authorities do not want to disclose. This is what freedom of speech is about.

“Based on these regulations, you can receive a license”

Dr. Juliusz Braun, who headed the National Broadcasting Council from 1999-2003, notes that Chairman Świrski used an article whose use could have very serious consequences for the broadcaster. – The statement published on the website of the National Broadcasting Council is a kind of threat to use nuclear weapons. Presumably, chairman Maciej Świrski will not use such a weapon. Still, the very threat proves that the policy of the National Broadcasting Council, which is hostile towards TVN, has been tightened, which implements PiS’s political goals. The Chairman of the National Broadcasting Council informs about the initiation of proceedings against TVN SA based on regulations that may be the basis not only for imposing a very high fine but even for withdrawing the license. At the same time, he attributes himself the right to investigate the truthfulness of information “propagated” by TVN, which is tantamount to censorship – assesses a Collegium Civitas lecturer in an interview with Wirtualnemedia.pl.

According to the expert, the earlier statements of Chairman Świrski may later be evidence of bias in the event of court proceedings. – Maciej Świrski has repeatedly publicly presented his position, not only critical but directly hostile towards TVN. Normally, he should be excluded from dealing with that sender. However, he decided to make full use of the personal powers of the chairman of the National Broadcasting Council as an administrative body to hinder TVN’s situation. This also applies to the ongoing licensing procedure for the HGTV channel. If possible negative decisions regarding TVN were made, such a glaring lack of objectivity would certainly be an important factor for the court to assess the decisions issued by the National Broadcasting Council, notes the former head of the National Broadcasting Council.

The media operation of PiS against TVN has not ended?

According to Robert Kwiatkowski, a member of the National Media Council, the actions of the head of the National Broadcasting Council are yet another stage of the power camp’s struggle with TVN. It was impossible to obtain a license because of the strong opposition of the United States, which was our strategic ally during Russia’s invasion of Ukraine. Therefore, the authorities are to look for other means to make it difficult for the American company to operate in Poland.

– The special media operation of PiS, called “lex TVN,” did not end with the president’s veto. The threat of high fines or license withdrawal is still hanging over TVN. It’s about the chilling effect because the parliamentary elections are approaching, and the campaign is underway. This is the common denominator of the things you are asking about. Each of them, of course, has its specificity: Macierewicz’s complaint about Świerczek’s reportage is an attempt to harness another state authority, i.e., the National Broadcasting Council, in defense of the Smolensk lie produced by a subcommittee from the Ministry of National Defense. The report of this “state authority” is supposed to be a source of truth, and any undermining of it is not only a lie but also a presentation of the “Russian point of view.” So – another opportunity to blackmail with the license withdrawal – Kwiatkowski argues in an interview with Wirtualnemedia.pl.

Actions against the HGTV channel are, in turn, a signal for other stations. – The issue of extending the concession for HGTV is, in turn, a warning aimed at other private broadcasters that if they fall under the authority, THIS authority, the most trivial administrative activity may turn into a fight for life. So the chilling effect – but not only for TVN. For all those who will have to do with the National Council of Maciej Świrski – assesses the former president of TVP.

Prof. Kowalski: The National Broadcasting Council is not responsible for determining the truthfulness of the information. Prof. Tadeusz Kowalski, who is a member of the current KRRiT on the recommendation of the opposition Senate, does not know the reason for the recent actions of chairman Świrski. – Knowing the situation with TVN24’s relicensing, this may happen. At that time, there was no reason to delay the decision-making process, which the court confirmed. Now we may be dealing with the search for “substantive” reasons to justify a possible decision. The problem, however, is that it is not the task of the National Broadcasting Council to determine the truthfulness of the information, which, moreover, was documented by the author of the broadcast in accordance with the principles of journalistic due diligence. What the Chairman wants to check are the press law and the court. The National Broadcasting Council is not the competent body for corrections and examination of the material truth in radio and television broadcasts, argues a member of the National Broadcasting Council in an interview with Wirtualnemedia.pl.

A media expert from the University of Warsaw also criticizes the head of the regulator for the protracted proceedings to extend the concession for the station for decorating houses and gardens. – The chairman has the right to ask for a legal opinion if he has doubts. Has anything changed regarding the ownership of the concessionaire since the license was granted to TVN24? No. So, can an expert opinion bring something new to the current legal situation? This kind of fueling the broadcaster’s anxiety is unsubstantiated; besides, it weakens the trust of entrepreneurs in the state – says prof. Kowalski.

Acting outside the competence of the National Broadcasting Council?

According to Krzysztof Luft, a former member of the National Broadcasting Council, the current chairman misinterprets the Broadcasting Act. – I do not know how the Chairman of the National Broadcasting Council wants to determine whether the broadcast did not violate Art. 18 by “propagating false information” because, in this article, there is no such thing as propagating false information. It is true that there is talk of reliability but in Art. 21 of the Act, which applies only to public media. And determining actions that are inconsistent with the Polish raison d’état will be very difficult because this concept is very vague, and it is not known who is to define this raison d’état, Luft notes in an interview with Wirtualnemedia.pl. Parliamentary elections are likely to take place in October. The expert, therefore, suspects that the actions of the National Broadcasting Council against TVN are related to politics. – Of course, it’s only about politics – TVN’s material was simply not liked by those in power for political and ideological reasons. In general, TVN24 has not ceased to be inconvenient for the authorities, so since they cannot eliminate it, they will harass this station and try to silence it. But I think it won’t work, just like it didn’t work with “Lex TVN,” – argues Luft.