The ban on shooting, filming and streaming of places occupied by the military, little severe sanctions for breaking the ban, and permitted exceptions concerning, for example, shots from motor cameras or background photography – among others, these changes include an amendment to the government on defence of the homeland, tabled during the work of the National Defence Committee. The changes have already been accepted by the Sejm.
Issues of shooting, filming or another recording the image or image of military objects regulates Home defence Act. The prohibition includes, inter alia, facilities ‘particularly crucial for the safety or defence of the State’, another defence facilities and critical infrastructure (e.g. power plants, waterworks), as well as images of persons or mobility in these areas. The object subject to restrictions should be marked with an information plate with a clear indication of the shooting ban. It is only possible to fix an image in specified locations after obtaining a licence issued by the applicable authorities, taking into account, inter alia, the safety and defence interests.
More liberal rules
Many believe that restrictive regulations are about to change. During the parliamentary work on the amendment of the Homeland defence Act, an amendment to the provisions on the prohibition of photographing was tabled on behalf of the Ministry of National Defence Urszula Pasławska, MP of PSL. – We cannot punish people for photographing objects that are visible from public space and are not decently marked. This leads to absurdity and restricts citizenship. We request precise rules that will defend the safety of the state, but will not be repressive towards citizens," indicated the Member. She besides added that the amendment meets social expectations, does not give emergence to controversy, and no 1 had any uncertainty at the committee gathering that the rules had to be liberalised.
– This is the social expectation, as well as the request to adapt to changing methods and recording techniques," said Pasławska. She besides pointed out that, in accordance with the rules inactive in force, objects that should stay classified must besides be marked with a sign indicating the prohibition of shooting, and then in practice this will automatically become the disclosure of classified data.
What will change?
Last week, the changes were accepted by the Sejm. Now the legislature will take care of the proposal for change. The fresh rules are intended to narrow down the catalogue of objects subject to restrictions on image capture. The ban on photographing, filming and – what is expected to be fresh – streaming (sending image data) will only apply to objects actually occupied by military or peculiar services (e.g. interior safety Agency, Military Counterintelligence Service). Objects will besides should be marked with an appropriate board indicating the ban. specified designation shall be decided by the commander of the unit or the Head of Service.
The ban will not in turn apply to facilities occupied by cells serving the Minister of Defence. It will besides not be required to carry out information policy by the Ministry of Defence, e.g. interviews conducted by journalists on the premises or organized conferences, as well as during, among others, renovation works, audits and marketing activities. The proposals besides exclude from the prohibition "image which is only a item of the whole", e.g. a photograph of a public event, a scenery or a convention, as well as a "image recorded during the movement of the vehicle", e.g. by means of a car video recorder.
The sanctions for possible violation of the ban will besides be milder. alternatively of the presently acceptable detention penalty, only the fine will be fined.
Although the laws on the prohibition of shooting were included in the Defence of the Motherland Act, in practice they remained dead until recently. All due to the deficiency of appropriate implementing rules, including, for example, the graphic pattern of the prohibited shooting board, which, according to the law, must be marked with prohibited objects. Regulation has been in force since April of this year. After the amendments to the Act, it will request to be amended.
