“The aim of the proposer is to enable the efficient blocking of access to illegal content” – reads the explanatory memorandum to the new draft laws intended to implement the EU’s Digital Services Act – the DSA. “Illegal content” also includes material of a worldview nature. The provisions do not treat the constitutional principle of freedom of speech as paramount, as demanded by President Nawrocki.
“From the very beginning of the DSA legislative process, the government’s intentions have been clear: to introduce censorship, allowing officials to decide what may and may not be published online” – says Jolanta Hajdasz, President of the Polish Journalists Association (Stowarzyszenie Dziennikarzy Polskich, SDP).
German Chancellor Friedrich Merz said a few days ago that in Europe freedom of speech “ends where words turn against human dignity”, and that the fight against left-wing political correctness being waged in the United States is “not our war”.
The legislative process concerning the government’s previous draft implementing the EU’s DSA regulations in Poland – formally amending the Act on the Provision of Electronic Services – has not yet been completed. The law adopted by parliament in January was vetoed by President Nawrocki. Last week, parliamentary committees decided that the Sejm would attempt to override the presidential veto, but the chances of securing a three-fifths majority are practically nonexistent.
For this reason, on February 6, two new draft bills – prepared by the Ministry of Digital Affairs – were introduced to implement the DSA regulations. The decision to submit two bills instead of one stems from the fact that, after vetoing the earlier version, the president signaled he would support legislation that does not go beyond the original EU act.
In the first draft, the government included provisions closely mirroring EU regulations. In the second, however, it prepared additional rules concerning mechanisms for blocking online content.
A Bureaucratic Pseudo-Court
The authors of the draft themselves admit that the proposed regulations go beyond the EU’s DSA: “This amendment does not result directly from the obligation to implement Regulation 2022/2065”, the explanatory memorandum states.
The proposals provide for applications to block online content to be examined through an administrative procedure involving representatives of the decision-maker – the President of the Office of Electronic Communications – the applicant seeking the block, and the owner or author of the content subject to blocking.
Under the draft, the parties are to present “evidence,” and “persons participating in the examination of applications referred to in Article 11a(1) and (2), in particular by issuing decisions on behalf of the competent authority on the basis of authorization, may not belong to a political party, publicly manifest political views, or engage in public activity incompatible with the principles of impartiality, integrity, and political neutrality.” Only after a decision is issued may it be appealed to a common court.
The catalogue of prohibited content includes material defined under specific provisions of the Penal Code – including precisely the same offenses for which Robert Bąkiewicz, leader of the Border Defense Movement, has already been charged. According to prosecutors, he was “inciting hatred” by criticizing Germany and the Polish government over policies facilitating illegal migration and the transfer of migrants from Germany to Poland.
Supporters as Consultants
Public consultations on the draft are to last until February 20 – that is, until the end of this week. Among the entities invited to comment are those that previously supported such solutions. In a letter from the Ministry of Digital Affairs soliciting comments, the Panoptykon Foundation was invited, while the Polish Journalists Association was not.
“From the outset, the implementation of the DSA has been conducted in a way that shows the government’s intention is to introduce in Poland the ability to decide – without judicial oversight – what may and may not be published online, which amounts to censorship” – says SDP President Jolanta Hajdasz.
She emphasizes that successive proposals repeat the same pattern: content of a worldview nature is also considered illegal, and decisions by an official – which take effect immediately – may only be appealed after the fact to a court. “It is difficult to enter bodies such as the Office of Electronic Communications or the National Broadcasting Council without speaking publicly or engaging in public activity. Moreover, observing what is currently happening in the courts, we can see that the lack of a party membership card does not necessarily make judges impartial. This is a provision detached from reality and designed for show,” Hajdasz assesses.
Left-Wing Ideology Above Freedom of Speech
The DSA regulations have become a point of dispute between the EU and the United States. The administration of President Donald Trump views them as censorship and a serious restriction of freedom of speech. A year ago at the Munich Security Conference, the U.S. Vice President stated that “freedom of speech across Europe is in retreat”, and that EU commissioners are responsible for restricting it.
This year, Chancellor Friedrich Merz responded to those remarks, saying a few days ago that “freedom of speech ends where spoken words are directed against human dignity and our fundamental law,” and that “MAGA culture wars in the United States are not ours.” These “culture wars” refer to actions by the Trump administration aimed at freeing public and academic debate from left-wing ideological pressure – including restoring linguistic normality in both content and form, for example by reinstating the words “man” and “woman” in official documents.
Read more in “Gazeta Polska Codziennie”!