PiS MEP Kosma Złotowski submitted a question to the European Commission regarding measures aimed at restricting freedom of speech online and censoring content and materials critical of, for example, government policy, politicians, or other public figures.
"Poland must bring its legislation into line with the Digital Services Act (DSA). This also applies to amendments to the Act on the Provision of Electronic Services. The draft amendment prepared by the Ministry of Digital Affairs, which is responsible for carrying out this process, would grant the president of the Office of Electronic Communications the authority to issue orders to block online content on an expedited basis as part of administrative proceedings. “Concerns, also expressed by experts, relate to the possibility of abusing this measure to restrict freedom of speech online and to censor critical—albeit lawful—content and materials regarding, for example, government policy, politicians, or other public figures,” —the parliamentary question reads.
The PiS MEP wanted to know whether the Commission considers that such a legal solution could be regarded as a threat to the legal guarantee of freedom of speech, especially since the President of the Office of Electronic Communications is appointed and dismissed by the Sejm at the request of the Prime Minister, and may therefore make decisions under political pressure. Furthermore, Złotowski asked whether, in the Commission’s view, the mechanism for removing content from the Internet proposed by the Ministry of Digital Affairs is consistent with the objectives and scope of the DSA, as well as with the guarantee of freedom of expression, especially since appeals against decisions by the President of the Office of Electronic Communications will be subject only to limited secondary judicial review, and the procedure for determining the illegality of specific content will take place without the participation of the author of the contested content.
