The Polish government wants to introduce radical regulations allowing it to block content online, according to Law and Justice (PiS) spokesman Rafał Bochenek. In order to accomplish this goal, the Tusk government wants to use a draft amendment to the Act on the Provision of Electronic Services, which is meant to comply with the EU’s Digital Service Act (DSA).
“The internet has so far been a kind of oasis of freedom – freedom of speech, exchange of ideas, views, discussion, public debate,” Bochenek said on Telewizja wPolsce24, as cited by Do Rzeczy, but he warned that while the DSA is mandatory for the entire European Union, the implementation of the regulation in Poland will be particularly far-reaching.
The MP noted that the procedure gives the president of the Office of Electronic Communication (UKE) and the chairman of the National Broadcasting Council (KRRiT), i.e., government officials, the power to block online posts. Mainstream media, he says, will not highlight or criticize this in any way, as it is dominated by pro-government individuals. Normally, the internet would step in to make sure such concerns reach people. And yet, this regulation essentially stipulates that the government will be able to “verify” and control all online content.
“I believe it violates the pluralism of views and, in fact, influences public opinion through administrative and rigid methods,” Bochenek told viewers.
Poland’s draft amendment to the Act on the Provision of Electronic Services was prepared by the Ministry of Digital Affairs, headed by Krzysztof Gawkowski of the Left. The regulation stems from the obligation to implement the provisions of the EU’s DSA, which, among other things, concerns the blocking of so-called “illegal content” online.
While some of the solutions are unambiguous, its opponents point out that it contains provisions that, in practice, will introduce the possibility of political censorship by blocking content that is “inconvenient to the government,” notes Do Rzeczy.
According to the draft amendment, a blocking procedure will begin with the internet service provider notifying the author of the “disputed content” of the commencement of the proceedings. They will then have two days to present their position.
Both the president of the Office of Electronic Communications (UKE) and the chairman of the National Broadcasting Council (KRRiT) will have the authority to issue an order to remove the content. A removal decision will be issued if it “does not negatively impact civic discourse and electoral processes.”
The decision will not be subject to appeal, and the author of the content will have to file an objection in civil court.
The Act is intended to authorize, among others, the prosecutor’s office, the Police, the National Revenue Administration, and the Border Guard (in matters relating to human trafficking) to apply for an order to block “illegal content.”
Back in May, Poland, along with Czechia, Spain, Cyprus, and Portugal, was referred to the CJEU by the European Commission for either failing to appoint a national Digital Services Coordinator (DSC) or failing to empower those bodies with the authority required to enforce the DSA.
