No public authority (pursuant to Article 7 of the Constitution) has the right or ability to prevent TVP SA from carrying out its public task.
His Highness and Almighty Donald Tusk cannot be shown by Telewizja Polska as it does not receive accreditation for its conferences. TVP envoys, unlike those from the non-public media, also cannot travel with the prime minister when he represents Poland abroad. After government meetings, TVP cannot relay the Prime Minister’s announcements because it does not enter the Prime Minister’s Chancellery. In this way, without any legal basis, the authorities (regardless of whether it is the Prime Minister himself or his people) make it impossible to carry out the legal tasks assigned to TVP.
Pursuant to art. 26 of the Broadcasting Act, “public radio and television broadcasting units operate exclusively in the form of a joint stock company with one shareholder from the Ministry of Finance, hereinafter referred to as ‘the company’ (section 1), and “public television is established by the company ‘Telewizja Polska – Spółka Akcyjna’”. In turn, according to art. 30. paragraph 1 of the law, “the creation and distribution of regional public television programs is the responsibility of the local branches of the company referred to in art. 26 section 2”. There is no other form of exploitation of public television than TVP SA, and in accordance with the law there cannot be.
No public authority of the Polish state (under Article 7 of the Constitution which requires action on the basis and within the limits of the law) has neither the right nor the ability to prevent TVP SA from carrying out its public mission. Nor does he have this right if he reports his disgust towards TVP or its employees a million times a day. And not even if Donald Tusk was advised to do so by his famous mother-in-law.
If Prime Minister Donald Tusk or his people prevent TVP SA (Polski Radio SA) from carrying out a public mission, they are breaking the law, because no other entity has its obligations, even if Tusk entrusts this task to a million TVN clones or a billion Radio Tok FM clones. Unless the new government and its parliamentary majority amend the Broadcasting Act and the president signs the amendment.
The establishment of TVP SA (PR SA) as the only legal existence of public media in the Polish state means that any restrictions on it are to the detriment of the state. If only the source and justification for such actions were the divine status of His Majesty and His Omnipotence. Since Donald Tusk is the Prime Minister of the Republic of Poland, he should represent not the Civic Platform, not the Civic Coalition, not the European People’s Party, not Germany, not the European Union, but Poland before other authorities and Polish public institutions.
If TVP SA cannot fulfill its duties and functions and fulfill its public mission regarding the Polish state, then those who prevent this are acting against Poland, or simply do not represent Poland. In the latter case, everything would be simple and clear, because it is difficult to force someone to represent Poland if it is foreign to him.
If anyone acts, even formally, on behalf of Poland, he has no right and should not prevent TVP SA (PR SA) from carrying out its duties and public mission. Neither the Prime Minister himself nor his closest confidant has anything to say here. They can hate the public media, they can hate public media journalists, but they cannot (under Article 7 of the Constitution) prohibit them from doing anything when it comes to carrying out their public mission.
For clear discrimination and preventing the performance of legal duties, TVP SA (PR SA) should indict Prime Minister Donald Tusk himself or one of his authorized officials. Even a blind and deaf judge, that is to say an otherwise independent judge, could not deprive TVP SA (PR SA) of the right to order the court to refrain from unlawful discriminatory acts and to indicate why this should not be done.
There is also a possibility that Donald Tusk’s government would announce (even despite the oath taken in the presence of the President) that it does not represent the Polish state. But what would be the point of his existence and office even if he were completely ignorant of this matter? There is no other way.
Source: wPolityce