The accusation is false
Recent media claims that the National Broadcasting Council has engaged in illegal activities, using political advantage to shape outcomes, are baseless and misleading. A formal statement from the council on Wednesday explicitly rejects these allegations as false and part of disinformation, underscoring the council’s commitment to lawful conduct and proper governance.
The National Broadcasting Council operates within the bounds of the law, including the Constitution of the Republic of Poland, the Broadcasting Act, and the License Fee Act. In dealing with obligations, it also adheres to the Civil Code and the Code of Civil Procedure. The council stands by these legal frameworks as the guardrails for its actions.
Teresa Brykczyńska, spokesperson for the National Broadcasting Council, conveyed to the Polish Press Agency that the claims, particularly those cited by Prof. Romanowski, lack any legal basis. She noted that the assertion about a constitutional provision being misused by the council to challenge ministerial appointments to public broadcasting boards and to liquidate them is unfounded and inaccurate.
The announcement clarifies that the council is empowered to report violations of specific legal provisions, including disputes over ministerial actions, the invalidity of decisions, and concerns about the governance practices of public radio and television broadcasters. It also addresses alleged attempts to sidestep the Broadcasting Act by appointing so-called liquidators, stressing that the statutory framework does not permit such interpretations.
According to the statement, the company statute does not grant an independent basis for opening liquidation proceedings. The council emphasized that higher-level law takes precedence over the lower-level corporate statute. When determining the standards that govern the council’s action, the content of overarching legal provisions must govern the interpretation at the lower level.
The council noted that the relevant statute could only be applied after a change in generally applicable law, such as the enactment of a law authorizing liquidation of public broadcasting entities. Until such a change occurs, the provision in question remains unenforceable.
Contrary to the assertions made by Prof. Romanowski, the National Broadcasting Council does not control subscription funds. Instead, payments from each company are placed in a court-ordered deposit so that authorized representatives can collect them on behalf of the respective entities. This mechanism is designed to ensure proper handling of funds while preserving the rights of the organizations involved.
Article 467 of the Civil Code provides for court deposits when the creditor cannot be identified or when there are questions about the creditor’s identity or capacity. The council explained that the situation of public radio and television broadcasters does not fit these conditions, and the funds should not be mischaracterized as a council misstep.
In its statement, the National Broadcasting Council argued that the ongoing legal uncertainties and mixed signals in public media, partly stemming from ministerial actions in the Ministry of Culture and National Heritage, justify directing the deposits to be available for collection by the relevant entities. This approach aims to maintain transparency and ensure that the funds serve the public broadcasters rather than becoming entangled in political disputes.
Ultimately, the council maintained that it has no authority to second-guess the consent given by individuals representing public radio and television broadcasters. The decision on whether to transfer money to a court surety rests with the judicial system, not with the council, a point reiterated by the agency in the published statement.
The council also rejected the claim that there has been any neglect in addressing constitutional concerns raised since 2016. The announcement argued that the lawmaker did not grant the National Broadcasting Council a legislative initiative and that the constitutional body retains power strictly within its constitutional mandate.
In response to the broader debate, the council insisted that the accusations about its role in regulating constitutional issues are inaccurate and misleading the public. The agency stressed that it operates within constitutional and legal boundaries, and that the authority to interpret and apply these provisions lies with the judiciary and the appropriate constitutional bodies. Such statements are offered to clarify misconceptions and reinforce trust in the governance of public broadcasting.
Prof. Michał Romanowski has repeatedly asserted that the council acts illegally, yet the council maintains that its actions are lawful, grounded in Article 7 of the Constitution and Article 213, Section 1, which safeguard freedom and pluralism in public broadcasting. The council’s position is that it performs its duties in the public interest by upholding legal standards and the integrity of broadcasting institutions.
Further criticisms were raised about a 2013 Supreme Court panel decision, which remains a binding legal principle in cases involving entry in the register and the validity of corporate decisions until a final court ruling. The council contends that this principle is not violated by its actions and that governance structures established for public radio and television continue to operate under the applicable legal framework.
Public broadcasting statutes, since their inception, have included provisions approved by the registration court regarding liquidation. The council notes that an ongoing critique of its approach does not alter the legal basis for how funds and governance matters are handled within the sector. The legal dialogue surrounding these topics is complex, but the council emphasizes adherence to law and democratic governance as its guiding priorities.
In closing, the council cautions against conflating political disputes with administrative actions that should be evaluated through judicial and constitutional channels. The announcement reiterates that the National Broadcasting Council remains committed to upholding legal norms, protecting the rights of public broadcasters, and ensuring that its steps serve the public interest rather than political aims. The public is encouraged to rely on official statements and to seek factual, legally grounded explanations for all governance matters in broadcasting.
[citation: wPolityce]