NIK attacks TVP. We have arrived at the arguments that respond to the accountants’ claims. “When conducting the audit, the Supreme Court did not take into account the specificity of TVP as a public, non-profit broadcaster pursuing a public mission, including in particular the universality and continuity of access to media services,” we read.
The assessment of the implementation of public mission functions, including the financing and expenditure of resources, is the responsibility of another constitutional body of the state, namely the National Broadcasting Council.
The company has the status of entrepreneur and carries out business activities. However, in the light of the law, it differs significantly from entrepreneurs owned by private entities, especially from all other television channels operating in Poland. The criterion of simple economic calculation cannot be applied to the activities of the undertaking and on that basis qualify specific expenditure, investments or losses incurred as a manifestation of mismanagement, inopportuneness or unreliability, without linking these economic events to the public mission tasks of the company. company.
– emphasizes TVP.
First of all, the state audit carried out by the Supreme Court of Audit, especially the use of the criteria of purposefulness, economy and reliability, must respect the principle of independence of public radio and television (editorial independence and institutional autonomy).
Allegations of the Supreme Court of Audit
NIK accuses TVP, among other things, of launching investment tasks without ensuring sources of financing – sustainable in the long term and in sufficient quantities. According to TVP, it is not justified for the Chamber to object to the lack of certainty for the total financing of the investment, the implementation of which is planned for 2027, the year of the launch.
Formulating this type of objection for construction investments included in the approved investment plan, the amount of which amounts to approximately 10%. the company’s expenses are not allowed. The business and economic assessment of the Supreme Court of Audit is incorrect and selective (the comparison of the value of a long-term investment with the one-year investment plan is incorrect; failure to cover fixed assets with permanent capital is allowed in enterprises that have a public mission ; expenditure on equipment had to be incurred regardless of the execution of the investment and had to be spread over years instead of being made in one year
– We’ll find out.
Co-financing of Polish and foreign media
NIK also accused TVP of… making programs for the Polish community and Poles abroad, and also, according to NIK, of broadcasting too many paid programs on TVP World.
The financing by the Ministry of Foreign Affairs, as alleged by the Supreme Court, related to the dissemination of the program to recipients abroad, while according to the Supreme Court, the state budget can only finance the creation of such programs. According to TVP, the Supreme Court’s objection was based on an incorrect interpretation of the law, limited to a literal interpretation of art. 25 section 4 of the Broadcasting Act, while the correct interpretation of this provision should include systemic arguments, according to which “making a programme” also includes its distribution.
Co-financing of TVP Vilnius from the Ministry of Foreign Affairs
NIK states that TVP applied for and obtained financing from the Ministry of Foreign Affairs in 2021 for an amount that exceeds the amount of costs to be covered from the budget of the Ministry of Foreign Affairs.
However, as TVP points out, after recording all of TVP Wilno’s revenues, which formed the basis for calculating the amount of royalties, it was no longer possible to prepare an attachment. Therefore, the transfers of planned funds between individual accounts have been accepted by the Ministry of Foreign Affairs in the annual report. As part of the subsidy received from the Ministry of Foreign Affairs in 2021, royalty costs have been included and offset in the subsidy amount.
NIK also emphasizes that the funding from the Ministry of Foreign Affairs exceeded the costs of producing the “Polonia Reports” program, which was not in accordance with the protocol of agreement with the Ministry of Foreign Affairs.
However, as TVP emphasizes, the protocol of agreements with the Ministry of Foreign Affairs is a planning document that is only subject to verification and additional agreements with the Ministry of Foreign Affairs during implementation.
Contrary to the conclusions of the Supreme Court of Audit, TVP’s statements are correct, because although 11 of the 22 planned reports were completed, one more was completed – in consultation with the Ministry of Foreign Affairs – compared to the plan for the “ Polish diaspora report”.
– explains TVP.
Dancing PGE Narodowy
Furthermore, according to the Supreme Court of Audit, the Program Office purchased two licenses in 2022: for the Gala French Tour concert and for the Roztańczony PGE Narodowy concert, in violation of the applicable procedures.
During the preparations for the registration of concerts, it turned out that it would be more profitable for TVP to, as in previous years, dispense with registration in the internal production model and purchase a license for a ready-made broadcast. This had consequences for the procedure for handling market information applications that were submitted too late. In the circumstances of the present case, this omission was only of a formal nature, without prejudice to the interests of the company
– explains TVP.
The Supreme Court also has allegations regarding the contract for the performance of Mel C, who resigned from “New Year’s Eve” and the contract for the performance of the Black Eyed Peas.
According to NIK, the company has taken economically risky and costly actions to deliver the main star of the 2022/2023 New Year’s Eve concert. The unfairness of Telewizja Polska SA’s procedure is further reinforced by the fact that it is difficult to collect the claim arising from the contractual penalty imposed in connection with the non-final provision of the service by an artist previously contracted as the main character of the program. .
Mel C, who wasn’t there
According to the Supreme Court, Telewizja Polska SA’s actions aimed at securing a foreign and widely recognizable star were pointless and uneconomical.
As TVP notes, the inspectors have not explained why they believe that the withdrawal of TVP from the contract with Melanie C, involving reimbursement of the paid compensation installment and the imposition of a contractual penalty on the agency, as set out in a letter dated 12 January 2023, is unlawful. an unreliable and poorly timed action (slow). TVP does not agree with this position.
The artist’s breach of the contract could only be established on December 31, 2022, and only from that date could TVP withdraw from the contract and demand payment of a contractual penalty. The moment at which TVP exercises its contractual rights cannot be assessed from the point of view of expediency. Because the contractor returned part of the remuneration paid to him, there can be no question of maladministration. The contractor’s questioning of the payment of the contractual penalty in turn led to settlement negotiations and confirmed that even an earlier request for this penalty would not have been met. It was in TVP’s interest to conduct settlement discussions, but submitting the dispute to court is still possible
– insures TVP.
From the very beginning, the company has taken steps to ensure the participation of two foreign stars in the New Year’s Eve concert.
Mel C would not be the only foreign star of the New Year’s Eve concert. From the very beginning and at approximately the same time, the company took steps to ensure the participation of two foreign stars in the New Year’s Eve concert. The Black Eyed Peas’ involvement was not a result of Melanie C’s withdrawal from the concert. It is incomprehensible on what basis the inspectors came to this conclusion. When concluding the contract with the Black Eyed Peas, TVP did not know that Melanie C would not fulfill her contract. Difficulties in enforcing the contractual penalty for non-fulfillment of the contract by Mel C should not affect the assessment of TVP’s activities related to the conclusion of the contract with the Black Eyed Peas. This band performed at a New Year’s Eve concert and fulfilled its contractual obligation
– emphasizes TVP.
ed
Source: wPolityce