Warsaw, Poland “The Sejm of the Republic of Poland made a key decision on Friday, voting in favour of the president of the National Broadcasting and tv Council (KRRiT) Maciej Świrski before the Court of State. This is simply a historical minute that opens a fresh chapter on constitutional work of the highest government officials in Poland, and can besides have far-reaching consequences for the future of the Polish media market. The decision of the Sejm is the consequence of a long-term procedure in which the Constitutional work Commission found that president Świrski had committed a number of violations of law, including discrimination against independent media by blocking concession processes and unlawful imposition of penalties. To put the regulation of law before the Court of State is simply a signal that the regulation of law is enforced even towards those with advanced positions, which is crucial to public assurance and the stableness of a democratic state.
What is the Court of State and why is it so important?
The Court of State shall be the body which shall find the constitutional work of those who hold the highest positions in the State, including members of the NRA. Its main task is to guarantee that officials act in accordance with the Constitution and laws. The Court of State is not equivalent to a conviction, but to the initiation of a formal procedure to find whether an infringement has occurred. In the case of Maciej Świrski, if the Court of State finds him guilty, they endanger him with sanctions specified as the failure of his post, the deprivation of passive electoral rights and even the prohibition of certain public posts. It is simply a control mechanics for executives and another state bodiesto prevent abuse and defend citizens from illegal activities. The Sejm's decision underlines that no 1 in the state is above the law, and constitutional work is simply a viable instrument for enforcing the regulation of law.
Key allegations against Maciej Świrski: Media discrimination?
The main allegations against Maciej Świrski, which were recognised by the Constitutional work Commission, focus on Discrimination of independent media. The Commission concluded that the president of the KRRiT had committed 10 of the 11 infringements presented in the first request. These include blocking concession processes and unlawful imposition of financial penalties. 1 of the loud examples is the beginning of proceedings against TVN SA in late 2022 in connection with the study "The Power of Lies", which called into question the reliability of the work of the Smolensk Subcommittee. Further proceedings afraid the study “Franciszkańska 3” and the interviews by Monika Olejnik in the program “Step over i”. In April 2023, KRRiT imposed a punishment of 80 1000 PLN on Radio TOK FM for a broadcast critically assessing the textbook "History and the Present". It is worth noting that The territory Court in Warsaw on 9 July 2023 waived the full punishment imposed on Radio TOK FM, recognizing the right sender. These actions were interpreted as an effort to restrict freedom of speech and influence the media's programming line, which is contrary to the constitutional tasks of the KRRiT.
Events Chronology: From motion to decision of the Sejm
The process leading to the introduction of Maciej Świrski to the Court of State was long-term and multi-stage. The first announcements of the anticipation of submitting an application were made April 11, 2024, erstwhile then Minister of Culture and National Heritage Bartłomiej Sienkiewicz accused KRRiT president of not paying money to the media due to “not ruling his political colleagues there”. The request to appear before the Court of State, submitted by a group of 185 Members, went to the Sejm. May 9, 2024. It contained allegations of infringements in 3 different segments of KRRiT’s activities. In July, the proposal was given an opinion by the Sejm's Constitutional work Committee, which initially sent it back to completion. The completed request came to the committee in October and the first hearings of witnesses, including TVP SA liquidator Daniel Gorgosz, began 3 December. another public media representatives and members of the KRRiT besides testified before the committee, as well as about 90 witnesses proposed by the defence of Świrski. The president of the KRRiT himself explained that his actions had always been directed towards the welfare of the journalistic and legal environment. Eventually, 12 June The Constitutional work Committee adopted the study and the Sejm decided to place Maciej Świrski before the Court of State.
What's next with KRRiT and the media market? applicable implications
The Sejm's decision to put Maciej Świrski before the Court of State has immediate and long-term consequences. In accordance with the provisions, at the time of the adoption of the resolution by the Sejm to bring constitutional responsibility, the individual is suspended in the performance of his duties. This means that Maciej Świrski will most likely not be able to proceed acting as president of the KRRiT until the Court of State has decided the case. This opens the way for possible changes in the functioning of the National Broadcasting Council, which could affect the concession processes, the policy of imposing penalties and the overall atmosphere in the media marketplace in Poland. For independent media, this decision could mean regaining legal certainty and the cessation of practices that were perceived by them as a form of censorship or pressure. On the another hand, Maciej Świrski consistently argues that the effort to bring him before the Court of State is simply a “another lawlessness act” from the current ruling coalition, which announces further tensions and legal battles. The proceedings before the Court of State may take many months, and the result will be crucial for assessing the regulation of law and media freedom in Poland.
Read more:
The Sejm decided: Maciej Świrski will face the Court of State. Media breakthrough
