A bill to restrict foreign ownership of Polish media was unexpectedly passed by parliament today. The proposed law is seen to be aimed in particular at Poland’s largest private broadcaster – US-owned TVN, whose coverage is often critical of the government – and today’s developments prompted a protest from the American embassy.
The legislation had been dormant since September, after being rejected by the opposition-controlled Senate. But this afternoon it was rapidly pushed through committee by the ruling national-conservative Law and Justice (PiS) party before then being passed in a vote by the dominant lower-house Sejm, where the government has a majority.
The bill now heads to the president, Andrzej Duda, who must decide whether to sign it into law. If he does so, it could prompt a diplomatic crisis with the US, which has strongly criticised the legislation, as have other allies including the UK and EU.
The United States is extremely disappointed by today's passage of the media bill by the Sejm. We expect President Duda to act in accordance with previous statements to use his leadership to protect free speech and business.
— Bix Aliu (@USAmbPoland) December 17, 2021
The proposed law would bar entities from outside the European Economic Area (EEA) from having a majority stake in Polish media. The only major outlet that would be affected is TVN, which is owned by American conglomerate Discovery, Inc.
Given that TVN’s coverage is often critical of the government, many see the legislation as part of efforts by to silence critical voices. Under PiS’s six-year rule, Poland has already dropped every year in the annual World Press Freedom Index to occupy its lowest ever position.
PiS has, however, denied that the bill is directed against any firm, and argues it is necessary to prevent entities from places such as Russia and China from buying Polish media. Party chairman Jarosław Kaczyński claimed that it would stop “narco-businesses” from buying outlets to “launder dirty money”.
Supporters of the bill have also noted that Polish law already theoretically bans media ownership by entities from outside the EEA, but that Discovery has evaded this by owning TVN through a Dutch subsidiary. And they note that many other countries restrict foreign media ownership.
After the legislation was passed this afternoon, US chargé d’affaires Bix Aliu – who is heading the American embassy in Warsaw until a new ambassador is appointed – announced that “the United States is extremely disappointed by today’s passage of the media bill by the Sejm”.
“We expect President Duda to act in accordance with previous statements to use his leadership to protect free speech and business,” added Aliu. In August, Duda hinted that he could veto the law, calling it “controversial” and saying that Poland “must weigh up our interests” before making a decision.
A presidential veto can only be overturned by a three-fifths majority in the Sejm – something that it would be impossible for PiS to obtain given that most opposition parties are opposed to the proposed law.
In a statement seen by Notes from Poland, Discovery warned that “the outcome of today’s surprise vote in the Polish parliament should be deeply concerning to any enterprise investing in Poland and to anyone who cares about democracy and freedom of the press”.
“Through this vote, Poland risks directly undermining the values that have connected Poland with Europe, and uprooting the foundation of the Polish-American relationship,” said the company.
Former US ambassador to Poland Daniel Fried, who is now a fellow at the Atlantic Council, tweeted in response to today’s developments that the law is “directed against media freedom and the largest US investment in Poland”.
“At a time when US-Polish solidarity is needed in the face of Putin’s threats to Ukraine, this seems…questionable,” he added.
Main image credit: Patryk Ogorzalek / Agencja Gazeta
Daniel Tilles is editor-in-chief of Notes from Poland. He has written on Polish affairs for a wide range of publications, including Foreign Policy, POLITICO Europe, EUobserver and Dziennik Gazeta Prawna.
