Media law censured by Constitutional Tribunal

Last Thursday the Constitutional Tribunal decided to keep Law and Justice's (PiS) hastily passed media law but canceled some of its provisions. The questioned articles include: the nomination of the chief of the National Radio and Television Council (KRRiTV) by the President; the media watchdog's authority to protect journalists' code of ethics; and special privileges for social broadcasters, such as Father Rydzyk's Radio Maryja.

The situation of Elżbieta Kruk, nominated as the head of KRRiTV by President Lech Kaczyński, is unclear as the method of her appointment was ruled unconstitutional. The chairman of PiS and the president's twin brother Jarosław made it clear that following relevant changes in the law Kruk should be reinstalled at the helm of the media watchdog.

"The results of the ruling are not great, no tragedy has happened. If there's some other procedure, then it would be appointing the head by the council itself. I don't think in such a case appointing Kruk again will be much of a problem," Kaczyński told Radio Maryja.

The media law that caused the immediate dissolution of the nine-member KRRiTV was passed in December 2005. It was signed by the President on the same day and published in the Journal of Laws a day later.

Its hasty passing and some of its provisions were questioned by former Ombudsman Professor Andrzej Zoll as well as Deputies from the Civic Platform (PO) and Democratic Left Alliance (SLD).