Today in Strasbourg, during the ongoing plenary session of the European Parliament, a debate took place on the Media Freedom Act—new regulations intended to “protect journalists and the media in the EU from political or economic interference.” PiS MEPs Elżbieta Kruk, Dominik Tarczyński, and Beata Mazurek took part in the discussion.
Elżbieta Kruk stated that the few positive changes introduced to the European Media Freedom Act as a result of interinstitutional negotiations are not enough. As she pointed out, a fundamental issue remains: the draft’s inappropriate legal basis. “Not all of the regulations contained here pertain to services provided within the single market, so Article 114 of the Treaty on the Functioning of the European Union cannot be invoked here,” she said.
The MEP stated that extending the regulations to markets such as radio and, in particular, the press, violates the provisions of the Treaties by limiting Member States’ authority to shape media policy and, consequently, their cultural sovereignty.
According to the Polish politician, this has nothing to do with protecting media freedom. “On the contrary, it runs counter even to the protection of press freedom,” Kruk stated, adding that the consultation mechanism introduced into the Act does nothing to change this.
According to the MEP, fundamental concerns also surround the newly created European Media Services Council, which—despite its declared independence—will be overseen by a political institution, namely the European Commission. “Does the Commission even have the legitimacy to harmonize values? Can freedom be regulated by a regulation, especially when, under the guise of protecting values such as freedom of speech and media independence, their freedom is in fact being threatened?” she asked.
Dominik Tarczyński responded to remarks by the head of the Polish delegation to the EPP: “I can’t believe it. I can’t believe that Mr. Halicki from the ruling Civic Platform is talking about democracy and a free press.” As the PiS MEP recalled, during Donald Tusk’s time in office, 38 journalists were spied on, including Michał Karnowski and Piotr Nisztor, and now that Tusk has regained power in Poland, state-owned public media “were taken over overnight, using a private security firm.” In the absence of MEP Halicki, Tarczyński addressed another representative of the Civic Platform, MEP Magdalena Adamowicz. “How was it possible, Ms. Adamowicz, that Tusk used a private security firm to take over the state-run media? Oh, you’re not laughing anymore? I know why,” he said.
Beata Mazurek emphasized that the goal and objectives of the European Media Freedom Act are unquestionably valid. However, as she noted, the proposed solutions are neither legally sound nor do they guarantee media independence. “Despite declarations of full sovereignty for EU institutions tasked with safeguarding media freedom, the European Commission will have significant influence over the newly established supervisory body—the European Council for Media Services,” – explained the MEP, noting that media pluralism should be ensured in the member states without interference from Brussels. “The Commission has already attempted on numerous occasions to interfere in the electoral processes of individual member states; what guarantees do we have that it won’t do so again by using the influence this act will grant it? In this way, the EU is effectively establishing itself as the guardian and arbiter of values,” she said.
Therefore, in Mazurek’s view, efforts must be made to ensure that media regulations do not undermine media independence or pluralism. “Freedom of speech is the foundation of our democracy, and it must not be undermined by excessive regulation. Otherwise, this will be a ‘European act against media freedom,’” she stated.
Mazurek also addressed Commissioner Jourová, who was present at the debate, reminding her that the takeover of media outlets by Poland’s current ruling coalition—which many refer to as the “December 13 coalition”— took place unlawfully—a fact known not only in Poland but also more broadly across Europe: “And you and your Commission have done nothing to protect journalists.”
