Court overturns “disinformation” fine imposed on radio station by broadcast regulator

May 28, 2024 | Law, Media

A court has overturned the fine issued by the head of Poland’s broadcasting regulator against a radio station that he accused of publishing “disinformation” that was “contrary to the Polish national interest” because it suggested that Ukraine and the US had lost trust in Poland.

The station in question, Radio Zet, has celebrated the ruling as “a victory for independent media”. It accused Maciej Świrski, chairman of the National Broadcasting Council (KRRiT), of trying to intimidate journalists.

However, Świrski, who was appointed under the former Law and Justice (PiS) government and has been accused of clamping down on media critical of PiS, today again rejected such accusations, saying that he is simply “defending the law”.

Świrski, who has led the National Broadcasting Council (KRRiT) since 2022, imposed the fine on Radio Zet, the second largest radio station in Poland, in August last year.

It related to a report by the station in December 2022 claiming that, during Ukrainian President Volodymyr Zelensky’s first foreign trip after the start of the full-scale war, the US Secret Service did not seek assistance from the Polish security services to organise Zelensky’s transit through Poland on his way to Washington.

That was because, claimed the station’s correspondent, Mariusz Gierszewski, the Ukrainians and Americans had lost faith in Poland after an incident in which a grenade launcher gifted by a Ukrainian official to the Polish chief of police accidentally exploded in the latter’s Warsaw office.

Świrski deemed that the information provided by Radio Zet violated Poland’s broadcasting law, which stipulates that “broadcasts may not promote activities contrary to the law, the Polish national interest, or attitudes and views contrary to morality and social good”.

The station denied that accusation and appealed against the fine. In its view, Swirski’s actions were aimed at intimidating journalists, restricting freedom of speech and creating a self-censorship effect. Radio Zet said that its story had maintained journalistic standards by citing two independent sources.

When appealing, Radio Zet argued that Swirski had exceeded his powers in imposing the penalty. Yesterday, Warsaw’s regional court agreed with the broadcaster’s arguments, ruling in favour of Radio Zet in the dispute and revoking the fine.

“This is a victory for the independent media, whose role in a democratic state is to keep an eye on the authorities and provide information to their audiences,” said Mariusz Smolarek, Radio Zet’s editor-in-chief. “Our dispute with the KRRiT was not about money, but values such as freedom of speech and journalistic independence.”

Under Świrski’s leadership, the KRRiT has been accused of disproportionately targeting media outlets critical of PiS. The new ruling coalition, which replaced PiS in power last December, is seeking to put Świrski on trial for making partial and politically motivated decisions.

Earlier this year, the regulator fined TVN for a “lack of objectivity and journalistic integrity” in a documentary about purported neglect by Polish Pope John Paul II in dealing with child sex abuse in the Catholic church. Last year it also fined another leading radio station, TOK FM.

Last week, the US ambassador to Poland criticised the KRRiT for dragging its feet over the renewal of a broadcasting licence for a channel owned by TVN.

Świrski denies the accusations against him. In an interview today with TV Republika, he said that he has simply been “defending the law”. He accused “aggressive commercial media” of “[falsifying] information…in order to increase viewership”.


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Main image credit: Piotr Skornicki / Agencja Wyborcza.pl

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