WRITTEN QUESTION E-1468/02

by Cecilia Malmström (ELDR)and Olle Schmidt (ELDR) to the Commission

(27 May 2002)

Subject: The situation of the media in Poland

A new law on media has recently been proposed by the Polish Government which may lead to increased restrictions on private radio, television and newspapers. The law is due to be passed by the Sejm within a few months. The political opposition in Poland, as well as the President of the Polish Republic, Mr. Kwasniewski, have expressed serious concern about the new law, which is said to be a tool for the government to regain influence over nationwide media.

We have also received alarming information about a specific situation at the major Polish daily Rzeczpospolita. In February 2002, criminal charges were brought against Mr. Grzegorsz Gauden, president of Presspublica, the publisher of Rzeczpospolita, for acting to the detriment of the company. Mr. Gauden is a dual Polish-Swedish citizen, and thus a citizen of the European Union. Despite this fact, he has been deprived of his passport and is denied the right to travel outside Poland. The publishing company has appointed several major international auditing firms to investigate the matter, and they all discredit the findings of the public prosecutor. Many politicians in Poland fear that the Government's action is a way to regain political influence over the Rzeczpospolita newspaper, which was previously a state-owned daily.

Poland, being one of the candidate states soon to enter the European Union, is said to fulfil the political Copenhagen criteria already at this stage. However, the disturbing situation of the media in Poland, caused by Government action and the new media law, causes concern. Considering this, we would like to ask the Commission the following question: What measures will the Commission take within the framework of the accession negotiations with regard to the new media law and action taken by the government to politicise the media, which may lead to increased restrictions on private media in Poland?

Answer given by Mr Verheugen on behalf of the Commission

(24 June 2002)

The Commission has in its Regular Report(1) stated that Poland fulfils the political criteria and there are no major impediments to free speech.

Concerns have, however, been expressed with regard to the draft media law which is currently before the Polish parliament. In particular, there are many (both in Polish media circles but also more broadly) who consider that the law, if adopted, will curtail the rights of cross ownership of private media groups: for example, ownership of a national newspaper will preclude ownership of a national television station while not placing the same limitations on public media groups.

The Commission has just received a copy of the draft legislation and this is being assessed for compliance with the acquis by its services. The Commission considers that it is premature, at this stage, to draw any conclusions regarding a potential breach of the political accession criteria, especially as the law has not yet been adopted and seems likely to be modified during the ongoing discussions in the Polish parliament. The Commission is confident that any legislation which is finally adopted will be in conformity with the acquis and with Poland's broader international obligations.

Concerns have also been expressed about the ongoing criminal investigations regarding some Board members of the major Polish daily Rzeczpospolita, pointing to alleged intentions of the Polish government to regain control of this newspaper, and therefore raising the question of a politicisation of the media.

Regarding the latter allegations, the Commission is following the situation closely but would recall that the Union has no competence under the Treaties establishing the European Union to intervene in domestic criminal matters.

(1) COM(2001) 700 final.