Delfina ERTANOWSKA^

Abstract. The article discusses the problem of freedom of the press in Poland and the perception of this problem on the international arena. The topic was discussed on the example of freedom of the press, foreign financial capital in the media on the example of LEX TVN and the fine of one of the Polish journalist.

Keywords: freedom of press, Reporters Without Borders, media, journalism, Poland

Russian military aggression against Ukraine changed the division of power in the EU. Poland, as one of the largest suppliers of arms and aid to Ukraine, has become an important strategic and military partner of the West. This resulted in international cooperation and closer cooperation within NATO. It increased the presence of the USA and NATO in Poland, and deepened cooperation between the countries of the region. Recently, many discussions and tensions in the EU have ceased to play a leading role. In addition to the rule of law and related financial payments, and a few ideological topics, an issue related to Poland that comes up in discussions on the international arena is media freedom.

FREEDOM OF PRESS

In 2022, Poland was ranked 66^th in the media freedom ranking¹, and it was the lowest position in the history of the rankings. For comparison, in 2015 Poland was ranked 18^th2. After that, the downward trend began. Poland occupies even lower positions in individual categories, especially the political and security ones, and so:

• Political indicator 110

• Legislative indicator 72

• Security indicator 86

The situation looks better in socio-economic rankings:

• Economic indicator 40

• Social indicator 36

Against the background of the countries of the region, originating from the post-communist Eastern Bloc and the Soviet sphere of influence, Poland ranks below the average, with a downward trend. The best results are achieved by Baltic States, among which the undisputed leader is Estonia, which took 4^th place last year. For comparison, countries with dictatorships and originating from post-Soviet realities, i.e. Belarus, took 153^rd place, and recognized as a state sponsoring terrorism³ – Russia 155^th.

  Diagram 1. World Press Freedom Index – comparison of 2018-2022

Poland’s downward trend began science 2015, Reporters Without Borders explained, among others, by changes introduced by the current ruling camp in the public media⁴. Poland gained media publicity regarding freedom of the media and press, freedom of speech in 2021 thanks to the act commonly known as LEX TVN.

”LEX TVN”

Poland hit the headlines of many global media thanks to the extension of the TVN broadcasting license, the largest private broadcaster on the Polish media market, which is part of the TVN media group, whose indirect owner is the American Discovery. The act assumed which would ban companies based outside the European Economic Area from holding more than a 49% stake in Polish media outlets – was finally accepted⁵. Which would force the owner to get rid of a large part of the shares and the ability to make decisions.

Interestingly, more stringent regulations prevail in America itself, the share of foreign entities in media companies may not exceed 20%⁶. In Germany, too, newspapers are practically under the control of German capital, and if the share of foreign capital exceeds 10% then the Federal Ministry of Economics and Technology has the right of control⁷. France has the strictest restrictions in the media sector, and the law in Austria is similar to the Polish one.

The multi-week struggle to extend the license between TVN and the National Broadcasting Council and the Polish government led to mass protests across the country and abroad⁸.

Media without choice⁹ (Media bez wyboru) on February 10, 2021, virtually the entire private media sector, competing broadcasters, TV stations, radio, television, information portals and the press displayed, broadcast a message and printed black boards with the above-mentioned inscription, the whole action lasted 24 hours, and was the first day without broadcasting information since December 13, 1983, the day of introducing martial law in socialist Poland. Public broadcasters did not join to the protest. Black screens and the protest itself made headlines in most of the world’s media, from which the station received votes of support. The whole matter was solved after a few months, the act was not legally binding, and the station finally received a concession.

POLSKA PRESS

A similar situation took place with the purchase of Polski Press by the state-owned fuel company Orlen, which meant that, similarly to Germany, almost all local dailies and weeklies ended up in the possession of the Polish state. Orlen itself (one of the largest fuel concerns in Central and Eastern Europe) paid a substantial amount of PLN 210 million¹⁰, which not only did not cool down the emotions, but fueled the public discussion.

Will Poland be the only EU country to jail a journalist for doing their job? This is the headline of an article by Reporters Without Borders. Briefly, the case concerns the fine of PLN 500 (EUR 108) of journalist Katarzyna Włodkowska, which was accused of “groundless evasion of testimony”, she explained that she obeys the European law for not disclosing her sources of information related to the media campaign against Paweł Adamowicz, who was murdered during a charity event Major from Gdańsk, she stated that if she did, it would jeopardize the safety of her informant and her own¹¹.

CONCLUSIONS

The three examples discussed above are some of the most frequently discussed topics concerning Poland in the EU, apart from the war, problems with the rule of law and the related disbursement of funds in the EU. Freedom of speech and media, freedom of journalists work on in Poland have been the subject of international discussion for the last two years. All these cases are analyzed and discussed at various levels of various EU institutions, Reporters Without Borders, international organizations and other actors of the political and media scene. In addition to reports, articles, resolutions, most of the actions aimed at “recall order and the rule of law” in this area are mainly based on protests, exclusion from organizations and appeals, admonitions in the media. It can therefore be concluded that these are external pressures on certain institutions in Poland, but they are not intended to evoke negative overtones. Rather, they are an appeal, a voice of reason and repentance in some cases regarding the restriction of media freedom and journalism that are taking place.

References

1. Erling, B. (2021). Wielotysięczne protesty przeciw “Lex TVN”. “Tu chodzi o wolne media”. Press. Online: https://www.press.pl/tresc/68583,trwaja-wielotysieczne-protesty-przeciwko-_lex-tvn__-w-warszawie-przemawia-miszczak_-Zakowski-i-kurski

2. European Parliament declares Russia to be a state sponsor of terrorism. (2022). European Parliament. Online: https://www.europarl.europa.eu/news/en/press-room/20221118IPR55 707/european-parliament-declares-russia-to-be-a-state-sponsor-of-terrorism

3. Freedom of press Index. (2023). Reporters Without Borders. Online: https://rsf.org/en/index

4. Kaźmierczak, M. (2021). Orlen zapłacił za Polska Press 210 mln zł. Bankier.pl. Online: https: //www.bankier.pl/wiadomosc/Orlen-zaplacil-za-Polska-Press-210-mln-zl-8096138.html

5. Kiebzak, W. (2021). Jak państwa zachodnie ograniczają kapitał zagraniczny w mediach. Polityka. Online: https://www.polityka.pl/tygodnikpolityka/rynek/2130119,1,jak-panstwa-zachodnie-ograniczaja-kapital-zagraniczny-w-mediach.read

6. Mincer, T. (2021). Media bez wyboru. Portale, telewizje, rozgłośnie i prasę pokryła czerń. Forbes. Online: https://www.forbes.pl/gospodarka/media-bez-wyboru-o-co-chodzi-w-protescie-mediow-przeciwko-podatkowi-od-reklamy/nyknmhg

7. Poland’s legislators urged to reject amendment targeting independent TV broadcaster. (2021). Reporters Without Borders. Online: https://rsf.org/en/poland-s-legislators-urged-reject-amendment-targeting-independent-tv-broadcaster

8. TW. (2022). Polska spadła na 66. miejsce w rankingu wolności mediów. Najgorszy wynik w historii. Wirtualnemedia. Online: https://www.wirtualnemedia.pl/artykul/wolnosc-mediow-ranking-2022-polska-jakie-miejsce-ostro-w-dol-dlaczego-najgorszy-wynik-w-historii

9. Will Poland be the only EU country to jail a journalist for doing their job? (2021). Reporters Without Borders. Online: https://rsf.org/en/will-poland-be-only-eu-country-jail-journalist-doing-their-job