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End of lex pilot. The government resigns from controversial provisions

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The government has decided to resign from the questioned solutions regarding the amendments to the Broadcasting Act – including those regarding the order of programs – informed the Digital Policy Promotion Department of the Chancellery of the Prime Minister. This means the government’s withdrawal from the controversial proposals – the so-called lex pilot.

It is about a project in which one of the provisions was to determine the order of television channels on the remote control so that the first five places would be government television channels. The proposal prepared by the government on this matter was submitted to the Sejm at the end of 2022.

These were drafts of two acts – the first one is the Law of electronic communication, and the second one – provisions introducing the first of the drafts. The draft implementing provisions provide for, inter alia, changes to the Broadcasting Act. This is where the recipe for the order of programs on the remote control came in.

“The provisions of the draft act implementing the Electronic Communications Law as regards amendments to the Broadcasting Act were the subject of an amendment submitted at the meeting of the Digitization and Modern Technologies Committee as early as March 29 this year. The submitted amendment included a modification indicating the abandonment of the statutory indication of the order of television programs. However, this and the previously submitted amendments were not discussed by the Commission. Instead, the Commission accepted a motion to reject the draft act implementing the Electronic Communications Law in its entirety,” wrote the Digital Policy Promotion Department of the Chancellery of the Prime Minister in response to TVN24’s questions.

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End of lex pilot – commentary of the Chancellery of the Prime Minister

Then the statement added: “Taking into account the importance of the adoption of the Law on Electronic Communications (and the law implementing it), the government side was inclined to abandon the questioned solutions regarding changes to the Broadcasting Act – including those regarding the ordering of programs. We want to adopt the Act (Electronic Communications Law and the Implementing Act), which in the overwhelming majority does not raise objections, regulates the issues of the market, consumers and the regulator.

It was also pointed out that with regard to further work on the bills, “various scenarios are being considered that are acceptable under the rules of procedure of the Sejm”.

Wirtualne Media was the first to inform about the government’s resignation from the so-called lex pilot. They reported that “the provisions introducing the Electronic Communications Law will only apply to the telecommunications market” and “thus, the proposals called lex pilot by the industry will be completely thrown away.” – There will be no part concerning television at all – said Paweł Lewandowski, Undersecretary of State in the Chancellery of the Prime Minister, in an interview with the virtualmedia.pl portal.

lex pilot

The government’s proposals aroused controversy. One of the proposed provisions arranged the order of channels of television programs on the remote control so that the first five places would be government television channels.

The draft provided for changes in the current “must carry, must offer” principle. According to it, so far the list of mandatory channels offered by pay operators included government television channels and commercial stations, including, for example, TVN. If the amendment enters into force, commercial channels would drop out of the mandatory list, leaving TVP1, TVP2, TVP3, and additionally TVP Info and TVP Kultura.

Main photo source: Shutterstock



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