The election broadcast that TVP in liquidation aired on Friday was either “campaign material”—in which case the Civic Platform (PO) could face problems—or a “debate” under the Electoral Code. In the latter scenario, the law was broken several times. Chairman of the National Broadcasting Council (KRRiT) Maciej Świrski sent a letter to the head of the National Electoral Commission (PKW), requesting both an official position on the matter and swift action.
Świrski decided, as the representative of the body responsible for radio and television matters, to appeal to the head of the PKW, asking for an investigation into the facts and a clear assessment on whether the “debate” was organized in violation of the law. He also requested “appropriate measures to ensure compliance with election law in the ongoing election campaign.”
Świrski noted that, according to the Electoral Code, the possible forms of campaign activity involving radio and television broadcasters are strictly defined: either election agitation (paid or free airtime) or a televised debate, which must be conducted by TVP S.A.
He assessed that the April 11 program was, in fact, a debate; hence, Article 120 of the Electoral Code regarding debates should apply. That means TVP should have ensured equal participation rights for every representative or candidate in the election.
The KRRiT chair also pointed out that this violated paragraphs 3 and 5 of the 2011 KRRiT Regulation on the detailed rules and procedures for debates conducted by TVP S.A. Paragraph 5(1) establishes the principle of guaranteeing equal participation rights and inviting all candidates. Paragraph 5(4) mandates informing candidates about the date and topics of the debate at least 48 hours before it airs. Paragraph 3(3) covers the improper timing of the debate—it should be held within the two weeks leading up to the elections.
Świrski then considered a second scenario—if the PKW finds that the April 11 program was not a debate under the Electoral Code, it must be classified as election agitation. In that case, the Civic Platform’s election committee faces a problem because the broadcast was not clearly labeled as its own campaign material. Moreover, the Civic Platform committee should have borne the costs of organizing and airing the event.
That, in turn, could lead to future issues with the Civic Platform’s campaign expense accounting.