Amid the ongoing erosion of media freedom in Poland, we believe that this verdict sets a dangerous precedent which may further facilitate the attempts to muzzle critical media coverage on public officials in the country. The MFRR reiterates that the state should guarantee an enabling working environment for journalists in Poland in which they are able to report on vital, even controversial issues and raise difficult questions without a fear of legal harassment.

On 24 November 2021, the District Court for Warsaw-Śródmieście, convicted Siedlecka, a journalist of Polityka, a weekly news magazine, of criminal defamation in the case brought by two judges, Konrad Wytrykowski and Maciej Nawacki, acting in their private capacity. The court ordered the journalist to pay 5600 zł which consists of a fine, a compensation for both plaintiffs, a payment to the National Treasury and the cost of the trial. As the ruling was delivered by a court of first instance, the journalist may appeal the guilty verdict.

Siedlecka is one of the journalists who tackled in their reporting the issue of a so-called “hate campaign affair” that broke out in Poland in 2019. At that time, a journalistic investigation led by a digital media outlet Onet.pl revealed that the representatives of the Ministry of Justice, including deputy justice minister Lukasz Piebiak, orchestrated and coordinated a hate campaign aimed at several selected judges who openly opposed the controversial judiciary “reforms” pushed through by the ruling Law and Justice (PiS). The “reforms” – in particular, creation of the disciplinary chamber – form an essential part of plans to “overhaul the judiciary” and were found incompatible with EU law by the European Court of Justice. In response to the ruling, Poland indicated its intention to dismantle the disciplinary chamber in the foreseeable future.

Siedlecka referred to the details of the investigations carried out by journalists of Onet.pl in her Twitter and blog posts as well as in three articles published by Polityka. In one of the pieces, Ms. Siedlecka called Wytrykowski and Nawacki, two judges allegedly involved in the hate campaign – “haters”. As a result, Wyrzykowski, a member of the disciplinary chamber of the Supreme Court and Nawacki, of the National Council of the Judiciary, who were both promoted to their current positions due to personnel changes stemming from the controversial judiciary “reforms”, filed a defamation lawsuit against her with the initial demand for 20 thousand złoty compensation, 24 hours of community work, and imprisonment for four months. During the trial, the court dismissed the defence’s motions to find out whether the plaintiffs were members of the aforementioned “hate group” operating in the Ministry. The judge explained that “the trials under Art. 212 of the Penal Code regarding the journalists focus on assessing the credibility of a reporter, not investigating the truth”.

Siedlecka wasn’t present in the court while the judgement was delivered. She did, however, comment on the case and the decision online. “The verdict may be perceived as a restriction of freedom of speech”, she wrote in a short opinion piece published on her blog, noting that she “does not know the details of the justification” of the court’s decision. She calls herself “the first person convicted in the hate campaign affair”.

“I did not insult the plaintiffs, I did not mock them. I simply expressed my opinions. The plaintiffs are high officials, they must thus be prepared – which was repeatedly stated by, inter alia, The Court of Human Rights – to be a subject of criticism”, Ms. Siedlecka stressed in the comment.

The MFRR remains highly alarmed by the continuing deterioration of media freedom in Poland and multi-pronged attacks backed by the authorities aimed at stamping out critical voices. There is a justified fear that this verdict against Ewa Siedlecka might pave the way for a wider criminalisation of expressing an opinion based on information present in the public space. In addition, legal proceedings against a particular journalist may exert a major chilling effect on the journalistic community as a whole.

We have been observing the increasing use of defamation lawsuits targeting journalists that aim to dissuade them from reporting on a controversial story and drain them both psychologically and financially. We find the recent defamation conviction of Ewa Siedlecka deeply distressing, in particular given the fact that she mostly quoted the existing reporting and not formed accusations on her own. The MFRR stands in solidarity with the journalist and her inalienable right to express opinions, especially in regard to the activity of public officials.

This statement was coordinated by the Media Freedom Rapid Response (MFRR), a Europe-wide mechanism which tracks, monitors and responds to violations of press and media freedom in EU Member States and Candidate Countries.

If the prosecutor issues a second demand for Włodkowska to reveal the identity of her source for a report on the investigation into the assassination of the city’s mayor, and she refuses to comply, she could face a prison sentence of up to 30 days. The threat of imprisonment puts undue pressure on Wlodkowska and, beyond her, has a chilling effect on the journalistic community in Poland.

The unjustified demand for the disclosure of Włodkowska’s source stems from an article she published in Gazeta Wyborcza and its supplement Duży Format in January 2020, entitled “Killer of Paweł Adamowicz: I will sit for two years and leave“. The report, published on the first anniversary of the murder of the mayor, published a fragment of a letter written by the alleged killer while in detention in which he said he would face a milder sentencing because he had been assessed as criminally insane.

At the time, the initial investigation by a group of expert psychiatrists had concluded that the man, who is accused of fatally stabbing Adamowicz on stage at a Christmas charity event in December 2019, was mentally ill at the time, meaning he could not face criminal liability. The ruling Law and Justice (PiS) party has claimed the liberal mayor’s killing was not premeditated and that the murder was instead the act of a mentally deranged individual.

Włodkowska’s reporting, and the information provided by an anonymous source with knowledge of the psychiatric assessment, presented a different version of events: that the assailant was fully conscious of his actions and had been planning the murder since December 2018. The report caused a scandal in Poland and led to significant media attention and criticism of the government. Since then, additional assessments have deemed the defendant mentally fit enough to stand trial and have suggested that his drive to murder Adamowicz may have been fuelled by reporting by the government-controlled state broadcaster, Telewizja Polska.

Following publication of the article, the Gdańsk prosecutor’s office initiated an investigation and Włodkowska was questioned. She declined to disclose her source, who believes their safety would be jeopardised if they were identified. After multiple failed attempts to pressure the journalist into revealing her contact, the prosecutor appealed to a court to try and force the disclosure. In January 2021, the Gdańsk district court sided with the prosecutor and ordered her to reveal the source. After multiple appeals, the verdict was upheld by the Court of Appeal in Gdańsk on 15 October.

Two weeks later, the District Prosecutor’s Office again interrogated Włodkowska about the source. With the backing of her newspaper, she again refused to reveal the source’s identity, citing journalistic confidentiality. On 5 November, she was ordered to pay a fine of PLN 500 (€108), which she rejected. An appeal is currently underway. If the prosecutor again orders her to reveal the source, and she refuses for a second time, under the Polish criminal code she could be fined again and/or jailed for up to 30 days.

If this happens, Poland could become the only EU member state to have a journalist in prison for doing their job. The protection and confidentiality of journalists‘ sources is a fundamental element of press freedom. It allows the media to report on matters of public interest without fearing that confidential sources or whistleblowers will face retaliation, and helps ensure that people with information feel comfortable approaching reporters. It is also a right protected under Article 10 of the European Convention on Human Rights and repeatedly recognised by the Council of Europe and the OSCE. Exceptions to this rule are extremely rare and European jurisprudence is clear: such disclosure can only be justified if there is an overriding public interest for the source’s identity to be revealed.

Our firm assessment is that this case comes nowhere near the threshold required to force the disclosure of a journalistic source. Rather, this prosecution appears aimed at punishing a journalist working for the country’s biggest critical newspaper over a story which undermined the prosecutor’s office and damaged the credibility of the state’s probe into Paweł Adamowicz’s murder. If Włodkowska is jailed, it would have a chilling effect on the country’s entire journalistic community and lead to a further deterioration in Poland’s standing on the freedom of the media. We urge the district prosecutor to drop the legal case immediately.

Our organisations stand in solidarity with Katarzyna Włodkowska. If she is arrested for upholding basic journalistic ethics and refuses to disclose her source, we stand ready to support Gazeta Wyborcza with further legal appeals, including taking the case to the European Court of Human Rights. In the meantime, we urge international human rights bodies and the Council of Europe’s Commissioner for Human Rights to intervene immediately to ensure Włodkowska is not jailed for doing her job.

This statement was coordinated by the Media Freedom Rapid Response (MFRR), a Europe-wide mechanism which tracks, monitors and responds to violations of press and media freedom in EU Member States and Candidate Countries.

Since early September, journalists have been unable to report from inside a three-kilometre-wide stretch of land along the Belarusian border placed under a state of emergency. The measure limits the ability of journalists and aid workers to enter the restricted area and prohibits the taking of photographs or video footage that shows the border or its infrastructure. Those convicted of violating the state of emergency can face a prison sentence of up to 30 days or a fine of up to 5,000 Polish złoty.

Concerns about the lack of information and transparency about what is happening within the restricted areas escalated in November as thousands of migrants and asylum seekers attempted to enter Polish territory via Belarus, sparking a geopolitical dispute that Polish and EU leaders have accused authoritarian leader Alexander Lukashenko of orchestrating in retaliation for Western sanctions.

The disproportionate restrictions have severely limited the ability of journalists and media organisations from Poland and around the world to cover this dire human rights situation and ensure adequate protection is given to those stranded in inhumane conditions. The state of emergency is also resulting in the criminalisation of journalists trying to report on a matter of significant public interest. Such restrictions on media freedom within a member state of the European Union are unprecedented.

Earlier last week, two journalists from RT France were detained by police near the city of Usnarz Gorny for allegedly violating the state of emergency. A police spokesperson said that the two French nationals, reporter David Khalifa and cameraman Jordi Demory, were detained for working without a permit inside the restricted zone. They were interrogated at a police station and ordered to pay a fine.

In late September, three journalists from French-German broadcaster ARTE TV were arrested, held in a cell overnight and then taken to court the next day in handcuffs to face charges of violating the state of emergency. They were released without a fine. Earlier in September, Onet journalist Bartłomiej Bublewicz and his camera operator faced criminal charges from police for violating the same rules due to their reporting.

In the last week, even those reporting from outside the restricted zone have faced arbitrary detention and intimidation from police and military personnel. On 16 November, three photojournalists, Maciek Nabrdalik, Maciej Moskwa and Martin Divisekwere, had been taking photos at a temporary army base outside the zone when they were detained by soldiers in the Polish Army. They were aggressively pulled from the car and handcuffed for over an hour. The guards searched their car and memory cards on their cameras, violating journalistic privacy. The trio were later released without charge.

On 14 November, a reporting team from the Balkan Investigative Reporting Network (BIRN) was pulled over outside the zone near a checkpoint in Czeremcha and briefly detained by police and border guards, who demanded the unique identifier of their mobile phones, which can be used to track the device. When reporter Claudia Ciobanu and photojournalist Jaap Arriens questioned the legal basis of the demand, the officers said they were suspected of stealing the phones. The guards also falsely claimed the emergency zone had been extended to where the journalists were at that time.

These acts of intimidation and restrictions mean journalists are facing major barriers in verifying information from the border. Allegations of rights abuses remain extremely difficult to either verify or debunk, including claims of illegal pushbacks by Polish border guards. With media barred, the only snippets of news and images from the barbed wire border come from Belarusian and Polish authorities’ social media posts. The result of this information blackout is that disinformation is thriving and facts are hard to come by, meaning a severe humanitarian crisis, likely involving serious human rights violations, is going unreported.

Despite protests by Polish media and rights groups, the state of emergency remains in place. We find it hard to avoid the conclusion that part of this decision by Polish authorities has been to intentionally keep the media from documenting the scale and nature of the crisis and shielding itself and border security services from scrutiny. The free and uninterrupted flow of information at the border is vital. We therefore join the Council of Europe Commissioner for Human Rights, Dunja Mijatović, in urging the Polish authorities to immediately allow journalists to re-enter the border zone.

This statement was coordinated by the Media Freedom Rapid Response (MFRR), a Europe-wide mechanism which tracks, monitors and responds to violations of press and media freedom in EU Member States and Candidate Countries.

This statement was coordinated by the Media Freedom Rapid Response (MFRR), a Europe-wide mechanism which tracks, monitors and responds to violations of press and media freedom in EU Member States and Candidate Countries.

The IPI global network today expressed deep concern over the passing by the Polish parliament of an amendment to broadcast media law which threatens the independence of the country’s largest private television broadcaster, TVN. IPI urges stronger action by the U.S and European Commission to defend media freedom.

On August 11, lawmakers in the Sejm, the lower house of parliament, voted by a majority of 228 to 216 to approve the so-called “lex TVN” bill, with 10 abstentions. The amendment to broadcasting rules is aimed at forcing U.S.-owned Discovery to sell its controlling stake in TVN, whose influential all-news channel TVN24 and flagship evening news program have long held a critical editorial stance toward the ruling Law and Justice (PiS) party.

“The passing of this anti-TVN law by the Sejm is a significant step forward in the ruling party’s multi-year effort to muzzle one of its biggest media critics and the most disturbing attack yet on independent media in Poland”, said IPI Deputy Director Scott Griffen. “This law has always been about one goal: slicing through TVN’s ownership structure, opening the door to government-allied entities to acquire stakes, and ultimately engineering a shift in editorial position to one more favourable to PiS. These calculated efforts to push out foreign capital and ‘repolonize’ the media landscape ahead of legislative elections are right out of the Fidesz playbook in Hungary. This is media capture in action.

“Despite the setback last night, this fight is far from over. We urge the Senate to firmly reject this law in its current form. In this event, lawmakers in the Sejm must then put party politics and personal interests aside and vote for the good of Poland’s democracy. If the Sejm again votes to pass the amendment, the responsibility to veto will ultimately fall on Polish President Andrzej Duda. The stakes are high: if passed, this law would simultaneously shred Poland’s reputation as a welcome climate for foreign investment and deliver another serious blow to media pluralism and media independence.

“In the meantime, we urge the U.S. State Department to double diplomatic efforts to oppose this bill and defend TVN’s independence. Both U.S. interests and values are threatened. The European Commission also cannot stand idly by as a main source of independent news and information for millions of Poles is brought to heel by PiS. Formulaic statements by EU officials are not enough: words must be followed by concrete action to engage with Warsaw. If TVN and TVN24 are muzzled, it would be a devastating blow for media pluralism and a clear signal that no private media in Poland is safe from PiS’s interference.”

Dramatic day in Sejm

The passing of the law followed a dramatic day in the Sejm. After a heated initial debate, MPs voted to refer the draft amendment back to the Parliamentary Committee on Culture and Media to consider new proposed amendments, which would have protected U.S. investment in TVN. The Committee, which is controlled by lawmakers from PiS and its allies, swiftly rejected the amendments proposed by opposition parties.

With the bill returned to the lower house, debate resumed on the floor while PiS politicians ramped up negotiations behind the scenes to secure the required majority. As the atmosphere became more tense, a proposal to postpone the session until September was passed by a slim majority of MPs. Protesters gathered outside parliament began to celebrate and opposition lawmakers welcomed the adjournment as a victory. Jubilation soon turned to dismay, however, as inside the Sejm PiS lawmakers demanded that the vote be repeated.

Following a long break, the speaker, Elzbieta Witek, a PiS member, returned to the chamber and ordered that parliament be reconvened for a second vote on the motion, explaining that she had forgotten to specify the date of the next session. Despite outrage and accusations of foul play from opposition lawmakers, the adjournment vote was held again and the motion was rejected by 229 to 225, after MPs from the Kukiz’15 party switched sides. With scenes inside the chamber became increasingly chaotic, the original vote on lex TVN was held and PiS succeeded in securing the required majority.

The vote also capped a dramatic few days in Polish politics, during which the PiS-led majority government suffered a major setback after Prime Minister Mateusz Morawiecki dismissed the leader of a junior coalition partner, Agreement, from the government over his vocal criticism of the media law. In the wake of the vote, more than 800 journalists in Poland signed a statement in defence of TVN’s independence and protests against the law were held in more than 80 towns and cities across the country.

The amendment would prevent non-European owners from having controlling stakes in Polish media companies. As U.S.-based Discovery owns TVN through a subsidiary registered in the Netherlands, it would fall foul of the new regulations and could be faced with selling 51 percent of its stake in TVN, which is valued at around $1 billion. If it did not, channels such as TVN24 could be stripped of their media licenses. The law comes as TVN24 awaits a decision on the renewal of its current 10-year media license, which expires in September.

Ahead of the vote, IPI, the partner organizations of the Media Freedom Rapid Response (MFRR) and other leading press freedom groups wrote to members of the Sejm urging them to oppose the draft law.

The International Press Institute (IPI) today expressed grave concern about draft legislative proposals by lawmakers from the ruling Law and Justice (PiS) party which would ban non-European ownership of Polish media and warned that the changes are targeted directly at U.S.-owned critical broadcaster TVN24, the country’s most watched news channel.

IPI said the draft media bill was the latest element in an increasingly systematic effort by the ruling party to erode critical journalism, stressing the plans should be met with forceful opposition by both the U.S. government and the European Union.

The draft bill, which was submitted to Parliament on July 7 by a group of PiS lawmakers, would amend Article 35 of the Broadcasting Act to bar companies which are majority-owned by entities from outside the European Economic Area (EEA) from owning more than a more than 49% stake in Polish media.

TVN24 and its parent company TVN have been 100% owned by U.S.-based Discovery, Inc. since 2015 through a subsidiary registered in the Netherlands, to meet current requirements under Polish law. If approved, the new regulation would strengthen those restrictions to ban Discovery from owning TVN through its Dutch subsidiary.

This means Discovery would have six months to adjust and could be faced with selling 51% of its stakes in TVN, which is valued at around $1 billion. If it did not, TVN’s channels such as TVN24 could be stripped of their media licenses by the National Broadcasting Council (KRRiT).

The draft legislation comes as TVN24 awaits a decision by KRRiT on the renewal of its current 10-year media license, which expires in September. Despite applying for the permit 18 months ago, the five-member panel of the broadcast regulator remains divided on the case, creating pressure on the broadcaster on two fronts.

“If this bill is passed, Discovery would either be forced to sell off its shares in TVN24 to another company – very likely one more amenable to PiS – or stripped of its media license and be eliminated from the market”, IPI’s Deputy Director Scott Griffen said. “This bill is an outrageous effort by the Polish government to silence a major television news broadcaster because of its critical content. It is a direct attack by an EU member state on media pluralism and an unmistakable sign that Poland is pursuing a Hungary-style form of media takeover.

“Not content with having independent regional media bought up by the state-controlled oil company, PiS is now moving to the next stage of its so-called ‘repolonisation’ project by going after TVN24. This tactic of pressuring or forcing foreign companies to sell up and leave the domestic market is not about principle. It is an effort to concentrate media control in the hands of PiS. It is also a hallmark of the media capture model honed by the Orbán government. When foreign or independent owners are pushed out, companies linked to the ruling party step in, buy up the company and then flip its editorial line, silencing critical voices and destroying watchdog journalism.

“The case of Klubrádió in Hungary has made it clear how a mixture of regulatory and legal tools can be effective in blocking the license renewal of a leading broadcaster and forcing it off air. We cannot watch in slow motion as the same thing happens to TVN24 in Poland. The EU must be ready to launch immediate infringement proceedings against Warsaw if the media regulator ends up blocking the license in a discriminatory manner. The U.S. government should increase its efforts to make it clear to its Polish ally that any attempt to interfere with independent media would seriously damage relations. The Biden administration must follow up its rhetoric about standing up for democratic values and a free press with concrete actions.”

Pressure on critical broadcaster

A key player in the Polish broadcast news market for nearly 20 years, TVN24 has long been a thorn in the side of the ruling PiS party, particularly on coverage of issues such as LGTBQ rights and abortion reforms. It has also revealed irregularities and alleged corruption and broken news of scandals in Law and Justice. This has made it a key target for the party when it swept to power in 2015. Immediately, leading PiS officials launched attacks on TVN and accused it being biased and siding with the opposition.

After the U.S. media conglomerate Discovery, Inc. bought TVN and its all-news channel TVN24 in 2015, the station then became a key target of PiS’s plans to bring the country’s media back under Polish control. This drive for so-called “repolonisation” of media has been framed by the government as an issue of national sovereignty. In reality, the efforts are aimed at cementing greater control over the media landscape.

In recent years, PiS has floated the idea of passing legislative changes to limit the amount of foreign capital in the domestic market, which would have affected Discovery. In response, the then U.S. ambassador under former President Donald Trump came to the defence and diplomatic pressure played a part in forcing the Ministry to shelve the plans.

The current bill appears to be targeted directly at TVN24. Currently, Polish law says that foreign companies outside the EEA can only be granted a broadcasting license for media if they own less than 49 per cent of the shares. However, there is a clause which means this rule can be waived if the headquarters of the direct shareholder of the media outlet is located within the EEA. TVN and TVN24 are owned by Discovery via its subsidiary Polish Television Holding BV, which is registered in the Netherlands, an EU member state, meaning it abides by Polish regulations.

In the past, this has been sufficient for KRRiT, the broadcast media regulator, which has extended licences for other TVN channels since 2016. However, recently the head of KRRiT, Witold Kolodziejski, has said that TVN24 is in breach of foreign ownership rules and called for the laws to be strengthened. Kolodziejski is a former member of the PiS party. The new draft amendment would remove the clause in Article 35 of the Broadcasting Act which includes the waiver for foreign companies with subsidiaries, meaning Discovery would be affected.

The direct attack on Discovery’s ownership has ruffled U.S. feathers. In response, the chargé d’affaires at the U.S. embassy in Warsaw, Bix Aliu, has expressed serious concern, tweeting: “TVN has been an essential part of the Polish media landscape for over 20 years. Unfettered press is crucial for democracy.” Polish media reported that the comment came after behind-the-scenes efforts by the chargé d’affaires to meet with KRRiT were rebuffed.

Since the bill was proposed last week, leading PiS figures have come out in support. In media interviews, PiS officials have framed it as bringing legislation into line with other EU member states and closing a loophole in the current law. In a written justification, PiS MPs wrote that the bill was “aimed at clarifying regulations” and enabling KRRiT to “effectively counteract” foreign companies controlling radio and television broadcasters.

Others have been more candid. One of the MPs who submitted the bill, Marek Suski, told Rzeczpospolita that Discovery would “probably have to sell some of its shares” in TVN if the legislation is passed. Asked if state-owned firms could then seek to buy the station, Suski said he “cannot rule it out”. In separate remarks, Suski said that “if this law is successfully passed and some of these shares can be bought by Polish businessmen, we will have some influence on what is happening on this station.”

Last week, Kołodziejski, confirmed at a parliamentary committee that the regulator has been analysing whether TVN should be counted as a non-EEA entity. KRRiT’s five-member council is currently divided over the case. At least a 4:1 majority is needed to approve the renewal or denial of the new 10-year license. This renewal process has been ongoing for a year and a half. KRRiT’s spokesperson has justified the delay by saying the regulator needed more information about the merger between Discovery and WarnerMedia.

The draft text of the bill was swiftly submitted to the Sejm with no advance warning for PiS’s coalition partners. One of them, Agreement (Porozumienie), has raised concern about the bill and noted that the party had not been consulted. The party’s spokesman Jan Strzeżek said on Twitter that he would “not want to wake up in a Poland where there is only one TV station. Media pluralism cannot be legally limited”.

Vera Jourova, vice president of the EU Commission and its commissioner for values and transparency, said: “The new draft Polish law on broadcasting concessions is yet another worrying signal for media freedom and pluralism in the country. We follow closely the situation related to TVN24 whose license has not been renewed yet.”

In response, Discovery has said it would “defend the business against growing regulatory overreach, anti-consumer behaviour and other market uncertainty that would undercut Poland’s business environment”. TVN has more than a dozen television channels in Poland, as well as an online video platform. If the license is not renewed by September 26, TVN24 would have legal options to fight the decision. However, this would mean it would celebrate its 20th anniversary of operations in Poland in a fight for survival.