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Charm Offensive Stumbles Badly With Attack On TV News Outlet

The descent of Poland’s current government into autocracy has been widely chronicled. In a bit more than two years the ruling Law and Justice (PiS) party has waged a relentless campaign mixing nationalism and populism with conservative theocracy and conspiracy theories. A main target has been the country’s media sector and those who work within it.

the shirtThe Polish parliament (Sejm) adopted in November 2016 strict new rules news media accreditation and limits on journalists interaction with politicians. When the Sejm gathered for a contentious budget vote a few weeks later, opposition members stood holding placards: “free media in the Parliament.” In the resulting mayhem PiS politicians convened in a private corner to pass the budget, dubious constitutionality ignored, then fled the building through a backdoor. Opposition Sejm members commenced a four week sit-in, effectively drawing the business of state to a halt. Outside the hall, citizens rallied in blistering cold. Reporters - and notably television crews - documented all of it. After Polish President Andrzej Duda lifted the restrictions on media outlets the sit-in ended.

Now almost year later Polish media regulator National Radio and Television Council (KRRiT) levied a PLN 1.479 million fine (about €350,000) against TVN SA all-news channel TVN24 for "promoting illegal activities and encouraging behavior that threatens security,” without specifying exactly what that means, reported media news portal wirtualnemedia.pl (December 11). “It would be too awkward if they (TVN) know about the details of the case through the media,” said KRRiT spokesperson Teresa Brykczynska. It was the largest penalty ever imposed by the KRRiT. Polish media - pro-government outlets excepted - shuddered, again.

“Presentation of facts, lawful or unlawful, cannot be treated as a way of encouraging any action, just as showing the course and effects of a traffic accident is not propagating violations of traffic safety rules,” said TVN24 news director Adam Pieczynski.

Since assuming power the PiS-led government has recast Polish public radio and television into full-fledged old-style state broadcasters, replacing over 100 reporters and editors with political sycophants. When audiences for TVP and Polskie Radio fell precipitously on the changes, TVP president Jacek Kurski, a political appointee, called for replacing radio and TV measurement systems. Earlier this year deputy culture minister Jaroslaw Sellin announced official efforts to “repolanize” the country’s privately owned media, reported Dziennik (August 29). He suggested foreign owners could be persuaded to exit in favor of Polish owners.

TVN SA is principally owned by US cable operator and lifestyle content producer Scripps Networks Interactive (SNI), a 53% stake acquired in 2015 from French broadcaster Canal+ Group and Polish investor ITI, the remainder acquired from publicly traded shares. It offers a vast array of multimedia channels, including TVN24, which launched in 2001. The company called the KRRiT decision “unfounded” and “based on a predetermined thesis.” The company intends to appeal.

SNI is being acquired by Discovery Communications, announced in July 2017, for US$14.6 billion. Discovery Communications already had a significant European footprint, acquiring SBS television channels in Norway, Sweden, Denmark and Finland from ProSiebenSat1.Media in 2013 and sports broadcaster Eurosport in 2014. Eurosport acquired European all-media rights (excluding Russia) to the 2018 through 2024 Olympic Games. The Discovery Communications acquisition of SNI is expected to close in early 2018.

The case against TVN24 was based on an analysis authored by KRRiT “expert” Hanna Karp, a fundamentalist theocrat aligned with far-right radio broadcaster Radio Maryja and its founder Tadeusz Rydzyk, leader of the Redemptorist Roman Catholic sect. See called the fine imposed on TVN “symbolic,” quoted by news portal Wirtualna Poklsa (December 13), and “a red warning for all stations and journalists.”

“We are dealing with methods we know from the eastern border, Belarus and Russia,” said former KRRiT member Krzysztof Luft, quoted by wirtualnemedia.pl (December 12). “It muzzles independent media, whose message those in power do not like. Before (with earlier penalties) the KRRiT was more restrained, knowing it would be subject to judicial review. This time is quite different because the case will have its finale at the Supreme Court, which will soon be under the control of PiS.”

“This is very precise signal to independent media,” said former Polish Defense Minister Bogdan Klich, quoted by news portal Onet.pl (December 12). “The next stage will be taking private media under government control. This is a preview.”

By mid-week reports began circulating of discomfort to PiS politicians, including party leader Jaroslaw Kaczynski and prime minister Mateusz Morawiecki, sworn in just hours before the KRRiT decision was made public. Mr. Morawiecki quite abruptly replaced PM Beata Szydlo by Mr. Kaczynski to bring a less abrasive tone to Poland’s outreach to the greater world. In his first public statement, before the KRRiT ordered US owned TVN punished, he referred to the United States as “the main ally of Poland.” An anonymous source for Wirtualna Polska (December 13) close to the new PM referred to the KRRiT as “bunch of idiots.” Mr. Kaczynski, said the source, is “furious” and wants to “fire them all immediately.”

Outside Poland, condemnations were quick and pointed, even from Washington. “This decision appears to undermine media freedom in Poland, a close ally and fellow democracy,” said US State Department spokesperson Heather Nauert, in a statement (December 12). “Free and independent media are essential to a strong democracy. We remain confident in the strength and ability of Poland’s democracy to ensure Poland’s democratic institutions are fully functioning and respected.”

“In Poland the rule of law situation is deteriorating again,” said European Parliament president Guy Verhofstadt, quoted by Gazeta Prawna (December 12). “The PiS government continues to muzzle free journalism which goes against the European rules, values and the idea of democracy. This is a reason for us to accelerate implementation of November (Article 7) resolution in January.” Article 7 to the European Union (EU) constitution holds Member States accountable for rights violations and can, if implemented, suspend voting rights and EU funding.

Unless the Polish government relents, which is unlikely, the “finale” will most likely be heard at the European Court of Justice (ECJ).


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