Public Hearing on Lex Pilot. “Regulations Will Restrict Access to Numerous Channels”
If we want to do something for the consumer, the citizen, let’s do it, but with respect for the law – said Agnieszka Plencner from the Consumer Forum during a public hearing on the project referred to as lex pilot. She added that the new regulations would “restrict consumers’ access to numerous thematic channels.”
On Monday, March 6, a public hearing is held in the Sejm on the draft amendment to the Electronic Communications Law and related acts, including the Broadcasting and Television Act. This is the so-called lex pilot. The meeting began with a minute’s silence in memory of the deceased teenage son of MP Magdalena Filiks.
“Big concerns about the project”
Agnieszka Plencner from the Consumer Forum was the first to speak in the discussion. She pointed out that “there are big objections to the draft as far as the rule of law is concerned.” – There were no public consultations, we do not have the effects of the regulations, and we do not have an adequate vacatio legis for such significant changes – she mentioned.
She stated that the new regulations would “restrict consumers’ access to numerous thematic, regional channels.” – We are definitely against it. If we want to do something for the consumer, the citizen, let’s do it, but in accordance with and respecting the law, she said.
Another person who spoke at the public hearing was Prof. Stanisław Piątek from the University of Warsaw. As he informed, he prepared an opinion on the draft law. He said that the regulations are incompatible not only with the rule of law but also with EU regulations.
Stefan Kamiński from the Polish Chamber of Commerce for Electronics and Telecommunications pointed to numerous irregularities related to the adoption of the project. – We oppose further processing of this bill, which has not passed public consultations – he said. He pointed out that such provisions require “deep consultations and analysis regarding the entry into force of the provisions”.
– This insert introduces many significant changes – assessed Teresa Wierzbowska from the Association of Private Radio and Television Broadcasters. She called the new rules “absurd.” – In millions of houses in dozens of places, there will be channels of Telewizja Polska – she said. She pointed out that such significant changes were introduced just before the elections.
Marta Kupczak-Strzelecka from the SK&S law firm said that lex pilot “is an anti-consumer, anti-competitive solution that discriminates against commercial broadcasters, both public and foreign broadcasters.” – This is an anti-competitive solution; it favors the public broadcaster. It pushes commercial broadcasters further down the pilot. Awarded places on the pilot translate into viewership and advertising revenues, she pointed out.
– Local communities will be deprived of the missionary communication channels developed over the years, co-created by local governments, parishes, communities, and cooperatives. The world does not end with nationwide television. By killing local media, we deprive residents of an important source of information and local activists of the space to communicate with their constituents. By introducing the a la carte model, the project disrupts the functioning of a perfectly organized market. (…) Consequently, the viewer will pay more for a much poorer offer. The costs of implementing such a solution will reach even hundreds of millions of zlotys, and the time needed for implementation is at least two years. Therefore, discussions about whether vacatio legis should be three months or six months are completely detached from reality – said Anna Wierzbowska-Smolarek,
lex pilot
January 12. The Sejm held the first reading of the government’s draft of the Electronic Communications Law and the provisions introducing the Electronic Communications Law, known as lex pilot. During the discussion, motions were submitted for additional referral of the bill to the parliamentary culture and media committee and motions for rejection of the bill in its entirety. These motions were voted on February 3. Both were rejected.
The government’s draft introduces changes to the “must carry, must offer” rule. According to it, so far, the list of mandatory channels offered by pay operators included government television channels and commercial stations, including, for example, TVN.
If the amendment enters into force, commercial channels will drop from the mandatory list. TVP1, TVP2, and TVP3 will remain, and additionally, TVP Info and TVP Kultura will appear. Another article says that the National Broadcasting Council, by way of regulation, is to compile a list of 30 programs covered by the obligation to broadcast outside TVP programs.
The draft also provides for imposing an obligation to sell individual channels (a la carte) by operators.