Helsinki Foundation Protest. Freedom of Expression in Poland at Risk. Discrimination by Polish Government Agency

Intervention in the matter of transparency of the procedures for awarding licenses for transmissions.
The Helsinki Foundation for Human Rights requested Jan Dworak, the head of the National Broadcasting Council (KRRiT), to disclose detailed information on the procedure of awarding television broadcast licenses for the operation of multiplex digital terrestrial broadcasting services.
http://humanrightshouse.org/Articles/17517.html
Wednesday, 25 January 2012

The HFHR was particularly concerned with the fact that the KRRiT had failed to publish clear criteria governing the selection of broadcasters in the contest held by the Council in April 2011, during which several broadcasters such as ‘TV Trwam’, ‘Superstacja’ or ‘TVN Meteo’ were denied the licences (more information on this matter is available here).

The HFHR highlights that the Council failed to give sufficient reasons for its decisions concerning the award of broadcasting licenses.
For instance, the Council raised the financial arguments to justify its decision to deny the license to ‘TV Trwam’ but gave no explanation as to why the financial credibility of the broadcaster had been disputed.

At the same time, licenses were granted to several TV market newcomers, whose situation appears to be much more unsure than the financial standing of ‘TV Trwam’, operating since 2003.

According to the HFHR, the financial criteria employed by the KRRiT ought to be based on detailed parameters, such as specific financial sureties which a broadcaster entering the contest procedure should be able to present to prove their eligibility. Such parameters should be disclosed to the public, not later than on the day the contest is announced.

The HFHR believes that it is in the public interest to set out clear criteria of awarding and renewing all types of broadcasting licenses. 
Setting out such criteria is crucial for exercising the public control over TV broadcasters in Poland as well as overseeing the activities of the KRRiT.
This is also a key precondition for the flawless functioning of the national media market and a guarantee of the media business stability.

Further concerns of the HFHR refer to the lack of efficient mechanisms for appealing against the licence decision.

The HFHR also drew attention to the international standards governing the licensing regulations of broadcast operations and called for conforming to the principles of media pluralism. In accordance with the well-settled case-law of the European Court of Human Rights a denial of license might interfere with the right to the freedom of expression protected under Article 10 of the European Convention of Human Rights.

The intervention has been prepared as part of the works of the Observatory of the Freedom of Media in Poland.
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Polish Bishops Protest 2012.   - Discrimination Against Catholics by Polish Government Agency -  

The highest authority of the Catholic Church in Poland (The Polish Bishops' Conference) has called on the Polish National Broadcasting Council to reverse its decision refusing a broadcast license to TV Trwam, a well known and successful Catholic TV station in Poland.

TV Trwam has several millions viewers, and has been broadcasting since 2003.
The non-profit Catholic TV Trwam is in excellent financial standing and is funded by viewer donations, demonstrating its success and dedication to the public mission.

The transition from analog TV to digital TV offers an expanded number of channels accessible throughout the Polish territory.

The Polish Broadcasting Council's decision to exclude TV Trwam despite its multi-million viewer base, long term presence and excellent financial standing have raised questions because broadcasting licenses were granted to newly-created corporations with no assets, ones that never aired a single program before, or had a single viewer, and whose only capital consists of highly leveraged, risky, one-year loans.

A number of commentators have pointed out the fact that the Broadcasting Council was elected by the ruling parties, the Civic Platform (PO)  and the post-communists (SLD), which may have influenced the decision against TV Trwam.

Polish Bishops see the exclusion of the station broadcasting religious programs as a violation of the principles of pluralism and equality before the law, especially since the vast majority of Polish citizens are Catholics and should be assured unhindered access to the programs of catholic TV Trwam over the modern digital television system.

Some commentators state that this action echoes the dark years of soviet-imposed communism in Poland between 1944 -1989.
Because the Roman Catholic Church defended democratic values and provided support to anti-communist opposition and later to the Solidarity movement, many Catholic priests were killed by the Polish communist internal intelligence agency (SB).  (The film "Popieluszko: Freedom Is Within Us" tells the story of the most known priest killed by communists in 1984, Father Jerzy Popieluszko.http://www.youtube.com/watch?v=oXTSy5xYUIA   )
 
The Church's role was crucial in regaining Poland's hardly won independence. 

Today, the Church's voice defends democratic principles of pluralism and equality before the law in Poland.

Below is a translation and the original statement of the Permanent Council of Polish Bishops Conference:
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Statement of the Permanent Council of Polish Bishops Conference Regarding Refusal to Grant Digital Broadcasting Rights to TV Trwam

The Permanent Council of the Polish Bishops Conference emphatically appeals for a change of position by the Polish National Broadcasting Council (KRRIT) in the ongoing process of licensing, in order to grant TV Trwam a place (broadcast frequency) in the digital broadcasting multiplex.

The exclusion of a station with a religious orientation violates the principles of pluralism as well as equality under the law, especially since most of the citizens of our country are Catholics. They should be assured free access to the programs of TV Trwam in our digital television system.  Numerous viewers, among them many ill and lonely persons, expect to continue to be able to watch Catholic programming.

We trust that TV Trwam, which has been broadcasting for over eight years and demonstrates financial stability, will be included in the digital television system of Poland.
 
(signed)
Members of the Permanent Council of the Conference of the Polish Episcopate
Warsaw, January 16 2012

http://www.episkopat.pl/?a=dokumentyKEP&doc=2012116_2