The draft amendments to the press law concerning authorization

The draft amendments to the press law have been submitted to the public consultations. The planned modifications concern the provisions regarding the authorization. The amendment results from the need to implement the judgment of the European Court of Human Rights on Wizerkaniuk against Poland (Application No. 18990/05) delivered on 5 July 2011.
In its judgment the Tribunal stated that the current provisions give interviewees unrestricted right to prevent a journalist from publishing any interview they regard as embarrassing or unflattering, regardless of how truthful or accurate it is. 

The Tribunal held that the Polish provisions on the authorization in current form „cannot be said to be compatible with the tenets of a democratic society and with the significance that freedom of expression assumes in the context of such a society”.
According to the draft amendments the person providing the information should authorize the statement immediately, but no later than within 24 hours - for dailies and not later than three days - for magazines. 

The abovementioned period shall begin from the moment of delivery of the material to the interviewee or person authorized by the interviewee, so that this person could effectively review the contents of the material. Importantly, the lack of authorization in the abovementioned period shall be deemed as the consent to the publication of the interview.
Under the draft act the following actions, such as proposing new questions, providing new information or answers as well as changing the order of statements in the material intended for publication in the press, shall not be considered as the authorization.

Additionally, the sanctions for violation of the rules regarding the authorization shall be softened. According to the draft amendments, the cases of violation of the provisions concerning the authorization shall not be prosecuted as criminal offences but only as misdemeanor.
For more information, please visit the following website:
https://legislacja.rcl.gov.pl/projekt/12295206