Świrski before the parliamentary commission: Imposing penalties is my duty and I fulfill it

“The punishment for Tok FM is not to take away their license, but to put this radio station on the right track. This is a signal: don’t do that,” said Świrski (Photo: Wojciech Olkuśnik / East News)

By Mariusz Kowalcyzk | 15 June 2023

The chairman of the National Broadcasting Council, Maciej Świrski, was outraged yesterday that he had been summoned to a culture and media committee meeting in connection with “the abuse of statutory powers (…) in the context of media freedom”. He argued that he was imposing penalties on the media and conducting legal proceedings against them. He was worse at explaining why he was only prosecuting independent media.

The parliamentary committee meeting on culture and media was convened at the request of opposition deputies – it was prepared by the vice-chairman of this committee, Joanna Scheuring-Wielgus from Nowa Lewica. Subject: “Presenting the information of the Chairman of the National Broadcasting Council on the abuse of statutory powers by the Chairman of the National Broadcasting Council in the context of media freedom”.

Maciej Świrski was indignant that the topic of the meeting was defined in this way. “The invitation in this form is insinuating and misleading the public. Because I have not committed any violations or abuses of power,” he said at the committee meeting. “All activities undertaken by me are performed on the basis of applicable law and in accordance with it, and each interested entity may not only actively participate in ongoing proceedings, which broadcasters often use, and those dissatisfied with the results of the proceedings may appeal to an independent court,” he added.

Maciej Świrski also recognized that he was under pressure. “A constitutional body must act independently, it cannot resist social pressure, it cannot act under the dictates of interest groups or groups of people. At the moment, hearing the speech of the Member of Parliament (Joanna Scheuring-Wielgus – editor’s note) and seeing the presence of representatives of Tok FM in the room, I wonder what is the role of the Member of Parliament who submitted the request for this meeting. Isn’t she sometimes a lobbyist of this broadcaster,” said Maciej Świrski.

The presence of, among others Kamili Ceran, editor-in-chief of Tok FM, resulted from the fact that on May 9, Maciej Świrski imposed a penalty of PLN 80,000 on Inforadio, the broadcaster of Tok FM radio. PLN for the statement of the journalist of the station Piotr Maślak about the textbook “History and Present” by prof. Wojciech Roszkowski . Inforadio appealed against this decision.

Świrski pointed out that initiating proceedings and imposing penalties is his duty and he fulfills them. “The punishment for Tok FM is not to take away their license, but to put this radio station on the right track. This is a signal: don’t do that,” said Świrski.

The National Council is also dealing with the application submitted in October 2022 by the broadcaster Tok FM to extend the license for another 10 years (expires on November 3 this year). The license renewal procedure should not last longer than 60 days. Maciej Świrski explained that in the case of Tok FM it is prolonged because the broadcast is still being monitored. He added that for now he sees no reason to withdraw the license from the radio.

Kamila Ceran pointed out that there is very little time, because after the National Broadcasting Council, other state institutions still have to issue their decisions. “I hope that I have managed to make some people aware that the decision of the National Broadcasting Council to grant a concession does not end the administrative procedure. Then, other institutions, including the Office of Electronic Communications, must issue their decisions. They also have their deadlines: 30 or 60 days, if the case is more complicated. We are in a gigantic shortage of time regarding the concession for Tok FM radio.” Kamila Ceran explained in an interview with “Presserwis” after the committee meeting.

Opposition deputies also asked Maciej Świrski why he imposed penalties and conducted proceedings only against independent media (Tok FM, Radio Zet, TVN), and omitted Telewizja Polska and Polish Radio. Świrski could not answer how many proceedings are pending, for example, against TVP in connection with the often presented hate speech and attacks on opposition politicians, especially Donald Tusk, the leader of the Civic Platform.