OFF Radio Kraków. Artificial intelligence under the microscope of the Personal Data Protection Office and MP Daria Gosek-Popiołek

As Karol Witowski, spokesman for the Personal Data Protection Office (UODO), informed us, this office is “looking at the situation related to the use of artificial intelligence” in the context of “its processing of personal data in various aspects.” He also emphasized that “no action has been taken” against the station so far.

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At the end of August, the station parted ways with its collaborators – journalists who had programs there. According to the liquidator and editor-in-chief of Radio Kraków, Marcin Pulit, it was related to poor results and program changes.

OFF Radio Kraków, from Tuesday, October 22, also broadcasts music content created almost entirely by artificial intelligence. The new version of the station was met with an avalanche of criticism, especially after it was broadcast “interview” of a non-existent journalist with the voice of Wisława Szymborska generated by artificial intelligence.

The case became interested in, among others, Lewica Razem MP Daria Gosek-Popiołek, who on Wednesday sent letters on this matter to the Ministry of Culture and the editor-in-chief and liquidator of Radio Kraków, Marcin Pulit. In the second letter, the parliamentarian asks for explanations regarding, among others, verification of content generated by AI, the artificial intelligence models used and the procedure for terminating contracts with OFF Radio Kraków journalists.

In a letter to the ministry, Gosek-Popiołek emphasizes that the project is a “dangerous precedent” and that it “raises questions about responsibility for the content created by a public radio station and the ethics and mission of public media, which public media should strictly follow.”

“Replacing journalists with AI is, in this perspective, not only deeply unethical, but also harmful, taking into account the constitutional mission of public media,” says MP Gosek-Popiołek. A representative of Lewica Razem asks the head of the ministry, Hanna Wróblewska, whether, according to the ministry, “the fact of replacing journalists with AI-generated 'characters' does not contradict the laws regulating the functioning of the media, including the Constitution of the Republic of Poland”, and also “what actions (both intervention and legislative) it is planning undertaken by the Ministry of Culture and National Heritage on the impact of AI on the model of functioning of media and journalists in Poland.

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The information center of the Ministry of Culture, in response to tvn24.pl's questions, did not comment on the situation at Radio Kraków, apart from stating that “the Minister of Culture and National Heritage cannot issue binding instructions to the manager (i.e. the liquidator) regarding the management of the company's affairs.” In the e-mail we received, we also read that, in accordance with the Commercial Companies Code, “issues relating to the employment of employees and contracts with co-workers are within the competence of the liquidator of Radio Kraków SA in liquidation.”

The ministry also announced that it “remains in constant dialogue with media representatives regarding the possible negative effects of AI on the media market.”

“We see the risks associated with the use of AI in the media, in particular the use of artificial intelligence to create reliable and credible media. Taking into account the importance of the issue related to the increasing development of AI and its use in the media, the Ministry of Culture and National Heritage decided that issues related to this topic will be one of the priorities of the ministry during the Polish presidency of the EU Council in the first half of 2025. – we read in the statement sent to us.

Michał Dąbrowski from Radio Łódź was the first to inform about the UODO's interest in controversial changes in OFF Radio Kraków. The president of the office, Mirosław Wróblewski, said in an interview with this radio station that his officials are “observing” the use of artificial intelligence in Krakow radio. – What is important is whether personal data was used in this case and whether it was done in accordance with the law and principles – said the president.

In response to tvn24.pl's questions regarding the interview with AI-generated Wisława Szymborska, Karol Witowski from the Personal Data Protection Office replied that deceased persons are not protected by the provisions of the GDPR, but their relatives have “the right to protect their personal good, which is the cult of the memory of the deceased person.”

“In the event of violation of personal rights, the family or relatives of the deceased may seek protection of rights and possible compensation before the competent civil court,” said Karol Witkowski. He added that “the President of the Office for Personal Data Protection does not conduct cases of infringement of personal rights.”

On Monday evening, the Deputy Prime Minister and Minister of Digital Affairs reacted to the storm surrounding OFF Radio Kraków Krzysztof Gawkowski from the New Left. “I read Mateusz Demski's story about replacing journalists with artificial intelligence at OFF Radio Kraków and although I am a fan of AI development, I believe that certain limits are being exceeded more and more,” wrote the minister.

The deputy head of government assessed that “artificial intelligence cannot cause social differences or exclusion” and “the symbiosis of AI and humans must be well regulated.” He added that the adoption of the AI ​​Act is intended to help with this, and “the establishment of the AI ​​Development and Security Commission is intended to counteract such and similar situations.”

“And the most important thing! The widespread use of AI must be done for people, not against them!” – concluded the deputy prime minister.

Mateusz Demski, whose appeal Gawkowski referred to, is a former journalist of OFF Radio Kraków. It was he who published an open letter on the Internet, which received wide attention in the journalistic community and beyond. – Just a few months ago, there were real people there (on OFF Radio Kraków – ed.), collaborators. Now there are three AI-generated beings there. In a sense, we have been replaced – said Demski in an interview with journalists from “Fakty” TVN.

An even greater storm was caused by an “interview” about this year's Nobel Prize with Wisława Szymborska, a Nobel laureate who has been dead for 12 years. The poet's secretary and head of the foundation named after her, Michał Rusinek, agreed to such a fictitious conversation.

On Wednesday afternoon, Mateusz Demski announced that he had sent a letter regarding the situation at the Krakow radio station to several ministries. “We cannot imagine that – in the face of the current situation – Mr. (Marcin – ed.) Pulit would be an example for new journalists in the future and teach them the profession” – this is his fragment. Demski emphasized that the appeal to stop the changes at OFF Radio Kraków was signed by over 17.5 thousand people.

The liquidator of Radio Kraków and its editor-in-chief, as well as the face of changes at OFF Radio Kraków, in an interview with “Fakty” TVN, noted that no journalist had been dismissed (civil law contracts, not employment contracts, were not extended), and the termination of cooperation with the current hosts are unrelated to the introduction of programs broadcast with the help of artificial intelligence. – The reason for the changes is a program change. The point is that the programs that were on OFF Radio Kraków were duplicated with what we have on our second internet-digital channel, Radio Kraków Kultura, and with the main antenna. We need to differentiate these three different programs, said Marcin Pulit.

The liquidator emphasized that the project was to last a maximum of three months, and that live people – young journalism students – were to return to OFF Radio Kraków. Before the wave of criticism, Marcin Pulit did not publicly disclose such information.