Agora joins blitz on broadcasting regulator
First, according to the NSA, the National Broadcasting Council (KRRiT) did not sufficiently justify its decision to ban RMF FM from splitting its radio signal locally. In practice, the verdict means that the council must reconsider its position and either allow RMF FM to operate local radio stations or to produce better justification for the negative decision.
The decision led RMF FM to close down its local bases. Employees were laid off or regrouped, and programming was changed. It is clear now that RMF FM managed to protect its leading position in the national market. I don't think that after the NSA's decision RMF FM is likely to go back to regionally-orientated programming. For sure, the station will claim huge compensation. The amount will depend on its ability to demonstrate the scale of damage made by the ruling.
The court also agreed with RMF FM in the second part of its verdict. The station appealed in the court against capital restrictions that the broadcasting council imposed on the company under the licence granted to the radio last year. According to these restrictions, all capital transactions involving more than 5% of the radio station's stock would require permission from the regulator.
Moreover, RMF FM owners would have to inform the KRRiT about disposal of even a single share. The NSA verdict revealed that such restrictions not only violate Polish media law, but also are against the Constitution. The verdict is valid. Similar lawsuits brought by the two biggest groups of local radio stations - Agora and Eska - are waiting for NSA consideration.
The first reaction of the broadcasting council was to defend its position. After a few days, however, the chairman of the council agreed to change licensing regulations so that all broadcasters were subjected to the same rules. The truth is that the KRRiT, the reputation of which has suffered lately, does not want to face any more lawsuits it will lose.
The verdict is important not only because it confirmed that the broadcaster was right, but also because it negatively evaluated the broadcasting council's practices. According to the Constitution, the council should guard freedom of speech, and instead it turned into an administrative body with the sole aim of controlling the Polish media market. The politically dependent council became a super-regulator controlling every move in the national media.
Understanding that some restrictions provided by licences issued by the council are controversial, the KRRiT has tried to include them in the new media law. The official reason for the media law amendment is to adjust the legislation to European Union law. However, regulations included in the project go far beyond EU requirements. Not only do they strengthen the position of public media vs. commercial broadcasters, but also they grant even more power to the KRRiT. Consequently, the council has turned from a guardian of freedom into a super policeman.
Although presented by the government as a compromise, the draft of the media law is actually far from it. The role of the broadcasting council is a key source of tension. Broadcasters want to limit its role and to transfer some of its powers to the Office for Competition and Customer Protection. The government somewhat supports this opinion, but agrees on strengthening the position of the KRRiT.
In the context of the debate raging over the new media law, the NSA ruling emerges as extremely important. It will be much more difficult to give more power to the regulator which, according to the courts, violates the law and the Constitution. Officials whose practices prove costly to the state should be dismissed and not given more power. In fact, the NSA verdict shows that no regulator is above the law and thus moves Poland towards Europe.
