The Ministry of Culture and National Heritage presented its proposal in the document “European Law on Freedom of the Media – concept of implementation in the Polish legal system”. – The active activity of local government units has a negative impact on local media markets. The presence of so-called local media significantly hinders, and often makes impossible, the existence of pluralistic and independent local media. Such activities of local government units result in depriving local communities of the means of mass media, fulfilling the basic obligation specified in Article 1 of the Press Law, which consists in realizing the right of citizens to reliable information, openness of public life and social control and criticism – the ministry noted.
Will many local media outlets change ownership?
Concerned about media pluralism, the ministry wants to isolate them from local governments. – Consideration should be given to introducing a complete ban on media activities (press publication and provision of media services within the meaning of the Broadcasting Law) by local government units. and entities subordinate to these units. At the same time, the regulations regarding the conduct of editorial activities by local government units, provided for in municipal laws, should be strengthened and clarified. If such a ban is introduced, local governments should be allowed to issue newsletters, which should be defined in the Press Act, for example following the Dictionary of the Polish Language, as an information service or guide on the activities of a particular institution or organization. – explains the Ministry of Culture and National Heritage.
The authors of the document state that in 2021 there were 728 local titles and 868 local official titles operating in Poland.complying with the local government’s definition of media. This does not only concern newspapers, but also internet portals, television and radio stations. Every few months, the National Broadcasting Council revokes the licenses of local television stations that have stopped broadcasting for financial reasons. These broadcasters have been complaining for years about the difficult advertising market situation. They often depend on local politicians or local government companies for advertising. The proposed ban will not change this situation.
The new law could be problematic for some local radio stations. Radio Bogoria, Radio Centrum, Radio Malbork, Radio Nakło, Radio Opatów, Radio Piekary and Radio RSC are associated with local governments. and Radio Andrychów, which recently received a license from the National Broadcasting Council to broadcast on the VHF band. If the proposals from the Ministry of Culture and National Heritage come into effect, these stations could disappear or be sold to large networks, losing their local character.
– It will be necessary to define a long period of vacatio legis, which will allow local authorities to close their media activities or transfer them to another entity. It should also be noted that in the case of radio or television programmes, it may be necessary to carry out procedures to change the licence. Therefore, it is proposed that the total ban on local government units carrying out activities in the media market will come into force one year after the publication of the Law, explains the Ministry of Culture.
“There can be no fair competition”
The aforementioned organizations see many positive points in the media ban imposed by the local government. – The Ministry’s proposal is a long-awaited solution regarding the press publication by local governments, which is in fact detrimental to freedom of expression and social interest. It is the government’s duty to create conditions for the implementation of freedom of expressionIt also creates conditions for the functioning of fully independent media. And one of the tasks of these independent media is to monitor the activities of local government authorities. For this basic reason, local government authorities cannot manage their own media, because by doing so they indirectly limit this freedom – by constituting competition for publications that are independent of them – note the Association of Local Newspapers, the Association of Local Media, the Chamber of Press Editors, the Helsinki Foundation for Human Rights and Citizens’ Network Watchdog Poland.
According to industry organizations, the activities of local government media distort competition and make it difficult for independent newsrooms to establish themselves. – There can be no fair competition because local government authorities issue their charters in isolation from market principles. Local government newspapers are often free of charge, and sometimes the texts are written by employees or staff of local government institutions. In many so-called local government newspapers, advertisements are sold, which in each case undermines the economic basis of independent publishers. Promoting local government is not the same as promoting the commune or supporting and spreading the idea of local government. Nor is it a common editorial activity. Publishing a newspaper by the authorities is the opposite of self-government. It destroys independent voices and the involvement of residents in the life of the community, write the supporters of the ban. In their opinion, local governments should report on their activities in Public Information Bulletins or publish additional bulletins, and not direct the media.
The organizations that signed the appeal hope that the regulation will be approved. – The Ministry’s proposal regarding the call for local media is a long-awaited reaction to the imbalance in the local media market and is consistent with the objectives of the European Law on Freedom of the Media. The defence of the current situation by representatives of local government bodies or local government associations is, in fact, an abuse of the right to freedom of expression in the interests of maintaining power, even at the expense of the real needs of local communities. We hope that the Ministry of Culture and National Heritage, the Government, and then the Sejm, the Senate and the President of the Republic of Poland will consistently introduce a ban on the management of media by local authorities, in accordance with the demands made long ago by organisations representing independent publishers, and will exclude the possibility of using a custom that destroys true self-government – the advocates of change demand.
